The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1866-04-06


criminal cases affecting persons who are
denied or cannot enforce, IN the courts or
judicial tribunal of the states. or locality
where they may be, any Of the rights Sc
cured TO them hy the first section. TIE
construction which | have given to he
second section makes il clear what kind Of
denial or deprivation Of rights secured by
the first section was in contemplation. 1t
is denial or deprivation Of such rights 10
;he courts or judicial tribunals Of the
state. Ii stands therefore clear Of doubt,
that the offense and the penalties provided
10 the second section are intended Tor the
state Judge, who, in the clear exercise of
his functions as judge, not acting minis
lerialy, but judicialy, shall decide con
trary to this federal law. In other words
when state Judge acting upon question
involving conflict o.tween a state law
aud federal law, and bound according to
his own judgment and responsibility to
give an impartial decision between the
two, comes TO the conclusion that the
state law is valid and the federal law is
invalid, he must not follow the dictates Of
bis own judgment at the peril OF fine and
imprisonment. The legislative depart,
ment of the government of the United
States thus takes from the judicial depart
ment of the states the sacred and exclusive
duty Of a judicial decision, and converts
the state Judge into a mere ministerial Of
fee, bound to decide according 10 the wills
Of Congress.
1t is clear that in states which deny to
persons whose rights are secured by the
first section of the bill, any one Of these
rights, all criminal and civil cases affect
ing them will, by the provision Of the
third section. come under the executive
cognizance of the federal tribunals, it fol-
lows that any state which denies to col
ored persons any one of all these lights,
and that persons should commit crime
against the laws Of a state murder or
any other crime-ai protection or pun
lshment through tie courts Of the state
are taken away and he can only be tried
AID punished IN the federal courts. How
is the criminal to be tried If the offence is
provided for and punished by the federal
law : That law and not the state law is
to govern it, aud only when the offence
does not Happen to be within the pnrvlew
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 com
mon law, as modified and changed by
state legislation, so far as the same is not
Inconsistent with the constitution and laws
of the United States so that over this vast
domain of criminal jurisprudence provided
by each state for the protection OF its own
citizens, and for the punishment of all
persons who violate its criminal law, FED
eral law, wherever 1t can be made TO ap.
ply, 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 Constitu,
ton expressly declares 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 treaties made, or which shall
he made under their authority to all cases
affecting ambassadors or other public mis-
listers and consuis to all cases of admiral
ity and maritime jurisdiction to ccntrover-
sizes which the United States shall be a
party, 10 controversies between TWO or
more states, between safe and citizens
of another state, between citizens of differ
ent states, between citizens of the same
state, claims of land under grants Of diff
fereut states and between a state or the
citizens thereof. and foreign states, citizens
OR subjects. Here the judiciary power Of
the United States is expressly set forth
and defined, and the act Of September "a
1889, establishing the judicial courts OF
the United States, in comforting upon the
federal courts jurisdiction over cases orig
mating IN stare tribunals, is careful to
above recited clause Of the constitutions
This section o: The bill undoubtedly com
pretended cases, and authorizes the eXei
cises OF powers that are not by ;he con-
stltution within the jurisdiction Of the
courts Of the United States. To transfer
tHcui " lIloNe COuilS WOLlu W al tAti ClSt
of authority well calculated to excite dis
trust and alarm on the part of all the
states, for the bill applies alike to all of
them as we'll as those who have not been
n rebellion. It may be assumed that this
authority is inciden: to the power granted
to Congress by the constitution as recently
amended, TO enforce by appropriate legis
latlon, the article declaring that neither
slavery nor involuntary serv:tude, except
as punishment for crime, whereof the
party shall have been duly convicted, shall
exist within the United States or any place
subject tc their Jurisdiction.
1t cannot, however, be Justly claimed
tha: with aview to the enforcement Of this
article of the Constitution, there is at
present any necessity for the exercise of
all the powers which this bill confers.-
Slavery has been abolished, and for the
present nowhere exists within the jursdic-
ton of the United States, nor has there
been, nor is there likely to be, any at
tempt TO revive it by the people of the
states. Whenever such attempt shall be
made, 1t will become the duty Of the gen
eraI government to exercise anv and all
Incidental powers necessary and proper TO
MAINTAIN lnvlolate the government laws Of
he freedmen.
The 4th section of the bill provides that
officers and agents of the Freedmen 8