Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-04-05

OF the land.
The third section gives the district
courts of the United States exclusive
cognizance of all crimes and otfenses
committed against the provisions of
this act and concurrent jurisdiction
| with the circuit court of the United
States Of all civil and criminal cases, af-
tecting persons who are denied or can
not enforce in the courts or judicial
| tribunals of the State or locality where
they may be, any of the rights secured
TO them by the first section. The con-
structon which | have given to the
second section is strengthened by this
third section FOR it makes clear what
kind OF denial or deprivation of rights
| secured by the first section was in con-
| temptation. 1t was denial or depri-
walton Of such rights in the courts or
| judicial tribunals of the State 1t stands,
therefore clear of doubt that the Of
Tense and the penalties proved in the
: second section are intended for the
State juege, who, in the clear exercise of
his functions as Judge, not acting
ministerially, but judicially, shall de.
| eide contrary 10 this federal law ; in
other words, upon State judge, acting
| upon question involving q conflict be-
| tween State law and federal law, and
| bound according to his own judgment
and responsibility to give impartial de-
| cision between the two coming to the
| conclusion that the State law is valid
and the Federal law invalid, he must
not follow the dictates of his own judg-
ment at the peril of fine and imprison-
ment.
The legislative departments of the
government of the United States thus
takes from the judicial department of
the States the sacred and exclusive duty
of Judicial decision, and converts the
state judge into mere ministerial Of
| ficer, bound to decide according to the
will of Congress. 1t is clear that in
the States which deny to persons whose
rights are secured by the first section of
the bill any one Of those rights, AL
criminal and civil cases affecting them
will, by the provisions of the third sec
ton, come under the executive cogni-
zance of Federal tribunals. 1t follows
that if any State which denies to col
ored person any one OF all those rights,
that person should commit crime
against the laws Of that State-murder,
arson, rape or any other crime-all pro-
lection and punishment through the
courts of that State are taken away, and
he can only be tried and punished in
! the Federal courts. How is the criminal
to be tried, if the Offense is provided for
/ and punished by Federal law That
law and not the State law, is to govern.
1t IS only when the Otfense does not hap
pen to be within the purview Of Federal
law, that the Federal courts are to try
and punish him. Under any other law,
| resort is to be had to the common law,
| as modified and changed by State iegis-
latiOn so far as the same is not incOn-
sistent with the Constitution and laws
Of the United States, SO that over this
vast domain OF criminal jurisprudence,
provided by each State for the protec-
ton of its own citizens and for the pun
ishment OF all persons who violate its
criminal laws, Federal laws, whenever
it can be made TO apply, displaces State
law.
The question here naturally arises
| from what source Congress derives the
power to transfer TO Federal tribunals.
| certain classes Of cases embraced in this
| section The Constitution expressly de-
elarcsI that the judicial power of the
United States shall extend to all cases
| in law and equity arising under this
Constitution, the laws OF the United
States, and the tr.aties made, or which
shall be made, under their authority :;
to ali cases affecting ambassadors or
other public ministers and cOnsulS; to
! all cases OF admiralty and maritime ja-
risdiction to controversies 10 which
| the United States shall be party TO
| controversies between two or more
| States, between q State and citizens Of
another State, between citizens Of diff
| ferent States, between citizens OF some
| State claiming land under grant OF diff
| ferent States, or between State or citi-
zens thereof and foreign States, citizens
or subjects" Here the judicial power
of the United States is expressly set
forth and defined, and the act OF Sep
| TENDER "A, 1889, establishing the judicial
| courts Of the United States, in confer
ring upon the federal courts Jurisdiction
| over cases orr ginaJing in the State tri-
| bunals is careful to COntine them to the
| classes enumerated In the above reClted
clause of the Constitution. This Sec
ton of the bill undoubtedly Compre-
hends cases and authorizes the exercise
of powers that are not by the Constitu-
ton within the jurisdiction of the coHrts
OF the United States. To transfer them
to those courts would be an exercise OF
authority well calculated to excite dis
trust and alarm on the part OF ail the
States, for the bill applies alike to all
of them, as we'll to those that have, rs
to those that have not, been engaged in
rebellion.
Itmay be assumed that this authority
is incident to the power granted to Con-
gress by the Constitution, as recently
amended, to enforce by appropriate leg
islation, the article declaring that nei.
Their slavery nor involuntary servitude,
except as a punishment for crime, where
of the party shall have been duly con,
victed. shall exist within the United
States, or any place subject to their ju.
risdiction. 1t cannot, however, be just
ly claimed that with the view Of thi
| on Forcnrnn,,t of This article Of the Con.