The Daily empire. (Dayton, Ohio) 1865-1867, 1866-03-28
ADVERTIsING R.ATEs.

mitted against the provisions Of this act
and concurrent jurisdiction with the Cir
cult Courts Of the United States, of all civil
and criminal cases affecting persons who
ure uenleu, or can not enforce In the courts,
or Judicial tribunals of the State, orlloenl-
ity where they may be, any of the rights
secured to them by the first section of the
Constitution, which have given to the
second section, for II makes clear what
KIND of deprivation OF rights secured by
Ihe tlrst section, was in contemplation. Its
denial or deprivation of snch rights
IN the courts or judicial tribunals OF the
state, was In contemplation. It stands
there clear of doubt. The ofIenses
the penalties provided in the second
section are Intended for the State Judge,
VINO in the clear exercise of his functions
as Judge, not acting mlnisterially, hut iu-
dicially, shall decide contrary 10 this fed
eral law. In other words when State
Judge, acting upon a question involving a
conflict between Il State law aud Fed
eral law, and bound according to his own
Judgment and responsibilities to give an
impartial conclusion between the two
comes to the decision that the state law Is
valid, and the Federal law is invalid, he
must not follow the dictates of his own
| Judgment but yield to the peril of fine and
imprisonment The legislative department
OF the Government of the United States
mus takes from the judicial department of
1
a Judicial decision, and converts the State
Judge INTO mere ministerial officer bound
70 decide according to the win Of Bon-
gress. -,'-,7
1t is clear that in States which DENY to
persons, whose rights are secured by the
flrst section Of the bill, any one of those
| rights, all criminal and civil cases affecting
them VIII, by the provisions of the third
section, come under the executive copni-
sance of the Federal tribunals. 1t follows
that If any State which denies to a colorcd
person any one Of all those rights that
person should commit crime against the
laws of State, murder, or any otRer crime,
all protection and punishment through the
courts of the State, are taken away and he
can only be tried, and punished I'm Federal
Courts. How Is the criminal to be tried If
the offense Is provided for and punished by
feueral law That law and not the State
law Is to govern. 1t Is only when the Of
fense does not happen to be within the pur-
view 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, rs modified and changed by
otate 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 Jurisdiction, provided
by each State for the protection of its own
citizens, and for the punishment of all per
sons who violated its criminal laws. Fed
eral law, wherever 1t can be made TO apply,
dispiaces State law, The question here
naturally arises, from what source Congress-
derived the power to transfer to Federal
tribunals, certain cases embraced in this
section. The Constitution expressedly de-
clares that the judicial power of the United
states shall extend to all cases
In law and In equity, arising under the con-
stitution, the laws Of the United States and
treaties made, or which shall be made un-
der their authority; to all eases affecting
ambassadors, or other public ministers and
consnls; TO all cases of admiralty and mar
itme Jurisdiction, to controversies to which
the Onited States shall be party; to con-
troversies between two or more States /; be-
tween State and citizen OF another State:
between citizens, between different States,
between citizens of the same state claims
OF land under grants of different States
ana between State or citizen 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 September n, 1883, establishing the
Judicial courts of the United States In con-
ierring upon the Federal courts jurigflic-
ton over eases originating In State tribu-
mails, is careful TO confne them to the
classes enumerated In the above recited
clause Of the Constitution. This section of
the bill undoubtedly comprehends cases,
and authorizes the exercise of powers that
are not by the Constitution within the iu-
risdlction OF the courts of the United
states. To transfer them TO those courts
would be an exercise of authority well cal
culated 10 excite distrust and alarm on the
part OF all the States, for the bill applies
alike to all of them, as well to those that
have as TO those that have not been en-
gagged In rebellion. 1t may be assumed
that this authority is incident TO the
power granted to Congress by the
Constitution as recently amended 10 en-
force by appropriate legislation the arti-
ele declaring that neither slavery nor in
voluntary serVitude except as a punish
ment for crime whereof the party ahaIl
have been duly convicted, shaft exist
within the United States, or any place sub
ject TO their Jurisdiction. 1t can not how
ever be justly claimed, with n view 10 the
enforcement of this article of the Oonsti-
tuition, that there Is at present any neces-
sity for the exercise Of all the powers
which this bill confers. Slavery has been
abolished, and at present no where exists
within the Jurisdiction of the United States,
nor has there been, nor Is Il likely therp
will be any attempt to revive it bv The nea-
pie OF any State, Wherever any such at
tempt shall be made, Il will then become
the duty of the general Government to cyl
ercise any and all Incidental powers, Dec-q
essary and proper to maintain lnyiolattsa
These laws for the government OF the ffeed-d
men. ........ -f.. -I-,--r-'--
The fourth section of this bin proyhlts
nat officers and agents of the Freedmen's
Bureau, shall be empowered 10 make ar
rests, and also that when officers NAV n,
'peclaliy commissioned for this purpose by,.
he President of the Unieed States; IL alsS
authorizes Circnit Courts OF the United
states and the Superior Courts of Territot
les 70 appoint without limitation, COM
ntssioners who are 10 be charged with the