The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1866-04-05

lie. liberty without assailing the inde-
pendence of the Judiciary, always es-
sential TO the preservation of individual
rights, and without impairing the efiici-
ency of ministerial officers, always neces-
lsary for maintenance of public peace
and order, The remedy proposed by
this section, seems t. be 10 this respect,
not only Anomalous, but unconstitution-
al, for the constitution guarantees moth
ing with certainty, if it does not insure
to the several states the right of making
undertaking laws IN REGARD to all mat
tiers arising witEin their jurisdiction,
subject only to the reconstruction IN
cases of conflict with the constitution
\ and constitutional laws of the United
States, the latter to be held as the su-
preme law of the land. atsni gf
/ The third section gives the district
courts of the United States exclusive
cognizance of the crimes and offenses
tcommitted against the provisions of
tiri> act and concurrent jurisdiction
with the circuit courts Of the United
States, of all civil and criminal cases
affecting persons who are deemed or
cannot enforce in the courts or judicial
Tribunal of the state or locality where
they may be any of the rights secured
to them by the first section, the con-
struction of which l have given to the
second section, for it makes clear what
kind of denial or deprivation of ri ghts
secured by the first section was in con.
temptation. 1t is a denial or depriya-
ton Of such rights in the courts or
judicial tribunals ofthe state. 1t stands
i therefore, clear of doubt that the Of
fence and the penalties provided in the
second section are intended for the
state Judge who in the clear exercise of
his functions as Judge net acting
ministcrially, should decide contrary to
this federal law; in other words, when
a state judge, acting upon a question
Involving a conflict between a state
law and federal law, and b-und, ac-
coriing to his own Judgment and re-
4 sponsibility, to give an impartial de-
cision between the two, comes to the
conclusion that the state law is vailed,
and the federal law is invalid. He
must not follow the dictates Of his own
ljudgment at the peril of fine and i'm
prisonment. The Legislative depart
ment of the government Of the United
States thus takes from the judicial de
partment Of the states the, sacred and
exclusive duty of a judicial decision,
and converts the State judge into a
mere ministrial officer, bound to decide
according to the will OF congress.
! ] is clear that in states which deny
Ito persons whose rights are secured by
the first section of this bill, all Grim
inal and civil cases affecting them will
be defeated by the provisions of the
third section, which comes under the
executive cognizance Of the federal
tribunal. 1t follows that if it denies TO
Il colored person any enc or all these
rights, if that person shuld commit q
crime against laws of a state-murder
or any other crime-all protect ,n and
punishment through the courts of the
state are taken away, and he can only
be tried and punished in the federal
courts. ~ o.. "" .mH4. ..a ". .Ia@-@
How is the criminal to be tried if the
offense is provided for and punished
by federal law? That law, and MT
the state law, is to govern. It is only
when the otfense does not happen to
be within the power Of federal law
that the federal courts are to try and
punish him under any other law, then
resort is to be had to the common law
as modified and changed by state
Legislation so far as the same is not
Inconsistent with Tie constitution and
laws of the United States, SO that over
this vast domain of criminal j,mispru.
lcnce, provided by each state for the
protection ofits own citizens and for
the punishment Of all persons who vio-
late its criminal laws tederalla where
ever it can be made to apply displaces
state law. The question here naturally
arises, from what source congress de-
rives the power to transfer the federal
tribunals? Certain classes OF cases are
embraced in this section. The con-
stitution expressly declares that the
judicial power OF the United States
shall extend to all cases in law and
equity arising under the constitution,
the laws OF the United States, and
treaties made, or which shall be made
under their authority; to all cases
affecting cmba sadprs or other pnblic
ministers and consuls; to All cases in
adminrlty and maritime jurisdiction
to controversies to which the United
States shall be party, to controversies
between two or more states, between
a state and citizens Of another state,
between citizens and different states,
between citiz,ns' of the same state,
claims OF land under grants Of difftr-
eEt states and between 4 state or the
citizens thereof and foreign states,
citizens or subjects. Here the Judi
cial power of the United States is ex-
pressly set torh and defined, and the
act of Sept. "a, 1889, established the
judicial courts of the United States in
comforting upon the federal courts
jurisdiction over cases originating in
state tribunals is careful to confine them
to the, classes enumerated in the above
recited clause of the constitution, -
section of the bill undoubtedly COM
prehends cases and authorizes the ex-
ercise of powers that are not, by the
constitution, within the jurisdiction of
the courts of the United States to
trans fer them to those courts would be
an exercise of authority well calcul ated
to excite distrust and alarm on the part
of all the states, for the bill applies
alike to all OF them as well as to those