Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-04-03


stands, therefore, clear of doubt that the Of
fence, and the penalties provided in the Sec
ond section are intended fer the State Judge
who, in the clear exercise of his fInctions as
a judge, not acting ministeriully. but judi>
cially, shall decide contrary to this Federal
law. In other words, when State Judge,
acting upon question involving a conflict
between u State law and a Federal law, and
bound according to His own Judgment aud
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
his own judgment, at the peril of fine and
Imprisonment. Tho legislative department. of
the Government of the United States thus
takes from the judicial department OF the
States the sacred and exclusive duty of Judi
cial decisions and converts the State Judge
into mere min sterial officer, bound to de-
eide according to the will of Congress. II is
clear that in States which deny to persons
whose rights are secured by the first section
of the bill any one of those rights, all crim-
nal and civil cases, affecting them will, by the
provisions OF the third section, come under
the exclusive cOgmiZance OF the Federal tri-
bunais. 1t follows that if in any State which
denies to Il cOlOrcd person any one of all those
rights, that person should commit u crime
against the laws Of the State murder arson.
rape or any other crime-all protection and
punishment through the courts of the 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 offence is pro
vided for and punished by Federal law that
law, and not the State law, is to govern. 1t
is only when the offence does not happen to
be within the purvicw OF Federal law that
Federal tn t1.t, I,
under any other law. Then resort is to be
had to tine common law" as modified and
changed by State legislation" so far as the
same is not inconsistent with the Constitution
aud 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 laws, Fed
eral law wherever it can be made to apply
displaccs State law. The question here nat
urally arises, from what source Congress de-
rlvcs the power to transfer to Federal tribunals
certain classes of cases embraced in this sec
ton! The Constitution expressly declares
that 1.-The judicial power of the United States
shall extend to all cases in law and equity
arsi:ig under this Constitution, the laws Of
the United States. and treaties made. or
which shall be mude. under their authority;
to all cases affecting ambassadors or other
public ministers and consuls to all cases of
admiralty and maritime jurisdiction to con-
trovcrsics TO which the United States shall be
party; to controversies between two or
more States between State and citizens of
another State; between citizens Of different
States; between citizens OF the s:,me State
c!amin" land under grants of different States;
and btwcen a State or the citizens thereof
and foreign 9tates, citizens or srbiects.."-
Il.nNN fl,n-S IL Il - ~ I
ls'cxDressly set forth and dcfiucd. and the act
of September 24th, 1889. establishing the
judicial courts of the United Statcs. in con
fcrrlng upon the Federal Courts jurisdiction
over cases originating in State tribunals. is
careful to c0ntinc them to the clnsSes enume-
rated i'll the above reciteI clause of the Con-
stitutl0n. This section of the bill undouht-
cdlv cOmprehends cases. and authorizes the
exercise of powers that are not. bv the Con
stitUtion within the juridction Of the courts
Of the United Statcs. To transfer them to
those courts would be an exercise of authOri-
ty well calculated to excite distrust and alarm
on the part of all the States. for the bill ap-
plies alike to all of them-as we'll 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 pow r rgranted
to Congress by the Constitution. ls recently
amended. TO enforce by appropriate legisla>
tlOn the article declaring that neither slavery
nor involuntary servItulc. except as Il pun
lshment for crime. whereof the party shall
have been duly convicted. shall exist within
the United StAtcs, or any place sub ect to
their iurisAiCti0r.." 1t cannot. however. be
Justly clamed that. with n view to the en-
torccmcnt of this article of the Constitution,
there is at present any necessity for the ex.
ercise of all the powers which this bill con-
fers. Slavery has been abolished, and ut
present nowhere exists within the iurisdic-
ton of the United States nor has there been.
nor is it likely there will be, any attempt to
revive it, by tho people or the States IF.
however. any such attempt shall lie inlde.rit
will then become the duty of the General
Government to exercise any and all incidental
powers necessary and proper to maintain in:
violate this great constitutional law OF free
dom. .:
The fourth section of the bill provides that
officers and agents Of the Freednem's Bureau
shall be empowered to make arrests and aEso
that other officers may be specially c"mriiis-
stoned for that purpose by the President Of
the United States. II also authorizes Circuit
Courts Of the United States. and the Superior
Courts of the Territories, to appoint. without
Limitation. Commissioners. who are to be
charged with the performance of 9lursi judi
cia' dptIes 1he NTH section empowers the
Commissioners so to be selected by thee courts
to appoint. in writing under their hands. one
or more suitnble persons from time to time to
execute warrants and other processes described
by the bill. These numerous official auents
are made to constitute u sort Of police in ad-
dtion to the military, and are authorized to
summon posse c0olit"fus. and even to call TO
their aid such portion Of the IaHd aud naval
forces of the United States, or of the, militia
'as may be necessary to the performance Of
the duty wit which they are charged
This extraordinary power is to be. conferred
upon agents irresponsible u the Government