The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-03-28

ton Of slavery involuntary seryiinde, except as
punishment Of crime whereof the party shall have been
duly convicted by Of his color ncc, than
prescribed for the punishment Of white persons shall be
deemed guilty OF misdemeanor, and on conviction
shall he punished by fine exceeding thousand
dollars Imprisonment oyoxceedlng year or both
in the discretion of tho court This section seems 10 be
designed 10 apply to existing future law Of
State Territory which may conflict with the proy
sons Of the bill under consideration IL provides for
counteracting such forbidden legislation by imposing
fine and imprisonment upon the legislators who may pass
such conflicting laws or upon the officers agents who
shall put or attempt 10 put them into execution IL
means official offence crime committed
against law upon the person or property Of the black
race Such may deprive the black man OF his
property but not OF his rgh, hold property II means
deprivation Of the right itself either by the State Ju
dietary or by the State Legislature II Is therefore
sumed that under THIS section members OF state Legis
lature who should vote for laws conflicting with the
provisions Of the bill that Judges Of the Stats courts
who should render judgments In outagonlsm with is
terms, and that marsnas and sherins who should as
ministerial officers execute processes sanctioned by state
laws and Issued by State Judges in execution Of their
Judgments could be brought before other tribunals aud
there subjected to Emo and imprisonment for the per
formance OF the duties which such state laws might
impose The legislation thus proposed nvadcs the Ju'
dcia power Of the state. II says TO every State court
judgc-I you decide that this act Ia unconstitutional
il you refuse under the prohibition Of State
law to allow n negro to testify; II yon hold
that over such a subject maitor the said law
Is paramount aud under color OF State law
refuse the exercise OF the right the negro, your
error OF Judgment however conscientious, shall subject
you fine and Imprisonment. do not apprchend
that the conflicting legislation which the bill seems 10
contemplate II likely 10 10 render II ncces
sary this time 10 adopt of such doubtful
constutonaly In the next place, this provision OF
the bill seems to be unnecessary, ~ adequate judicial
remedies could be adopted 20 secure the desired end
without invading the mmunitics of legislators always
important 10 be preserved In the interest of public ber
ty without assang the independence Of the judiciary,
always essential TO the preservation Of individual rights
and without npaIrng the efficiency Of Ministerial onccr,
always necessary for the maintenance OF public peace
and order The remedy proposed by this section seems
20 be In this respect not only anomalous but unconsu
tlona for tho constitution guarantees nothing with
certainty II II does not insure 10 the several states tho
right Of making index ruling laws In regard to all mat
arising within their Jurisdiction, subject only TO the
restriction, in cases Of conflict with the constitution
and constitutional laws Of the United States the
latter 10 be held the supreme law Of the land
The third section gives the ds,ct Of the United
States exclusive oognzanos of all and offences
committed against the provisions Of this act and
current Jurisdiction with the circuit courts u tho United
States Of oil CIVIL and terminal cases affecting persons
who denied, or cannot enforce In tho courts, or
judicial tribunals Of the tate or localiiy where
thsy may be- any Of he rights secured 60 them
by the first section. Tie construction which have
gwen the second section 10 strengthened by this third
section for IL makes oaeas whst kind Of denial de-
pryaion Of rights secuted BY the rst section in con
temptation It's denial deprivation of such rights
In tho courts judicial tribunals OF the state II stands
.ureiorc clear of doubt thai NE offence and the penal
provided The section Intended The
State Judge who In the clear exercise of his functions
Judge not acting minister ally, but judeialy, shall
decide contrary this federal Law. In other words
when . state judge, acting upon quesiior
involving . conflict between . State law and
federal law, and bound. according 10 bis o~r
Jadgmen, ana responsibility, TO give an impartia
decision between the two 10 the conclusion that
the State Law IL and the federal law n invalid he
must not follow the dictates Of his own Judgment AZ the
peril ~ hne and imprisonment The legislative depart
meni Of tho government OF the United States thus takes
from the iadoal department. Of the states the sacred and
exclusive duty Of judicial decision, and converts the
State Judge into a mere ministerial occr, b9gnd 70 De.
eide according to the will Of congess 7, u clear that
Ia which deny pepons whose nights secured
ny the irst soe,ion Of the bill any of thos- nghD, al
civil and criminal affecting them will by the proy
sons n tho third section come under the executive
oogn rance of The federal tribunals ], follows ,ha' "
in any stats which deues 70 a colored peron any on'
of all ,hose rights that person should commit erm'
against the laws Of STATE murder arson raPo - sny
other crme-a pro,ecti6n and punishment through th'
courts OF the siaa arr taken awav and he only h
tried and punishd a in the federal court. How ~
criminal he trod n the offence IL provided Tor an'
punished by federal law7 Tia, iAv and no, tho stat
law 20 govern. {, u onv when the offence docs not
happon 70 b. within tho pafyicw o federal A~ that the
fcfersi courts arc Try and punish him md = any
other law Then resort 10 be had h. the common aS,
modified and changed W State legislation - far a.
the same s lnconnstsnt with the oonst,guon and
laws of the United states ~ that tbs vast domain
of criminal jursprudsnc. provided ~ each stae fo
tte pro,octn of ia citizens and for the punish
mcnt of all p-ruona who violate iis onmina
laws federal law wherever q can D. made 70 srriy
dsplaces state laF Tho question here naturally arise
from what Congress derives H. po~cr 10 irsnsfe
federal tribunals certain oiasaes of embraced
this section Tho constitution expressly declares hs
tho igic Al power o. the United states shall er'snf
" all IN law and equity sring abder this onne
luton the laws of ,bc United sAtrs and treaties mad
which shall b. msfs gudcr tbrr authority ~ a.
affecting smbasssdor othsr puhr minister az
eonsuis 90 al of admiralty AMI mafiiu,e i1fis
| dction. 70 controversies Sheh ths United State
| shall BE- party; 20 oanir0fcrfes bisoen 80
STATE between oiiirens u dnercui -tsiss b~'~s"'
ctssns of the ssne STATE claiming land under grant
or mOre ssates bet~csns siAissni citizens q snosh~
Of different saiss and bstssn -h,s - Ne ctifsn
thereof and fore 20 states ou1sus - sui1scta Her
me Jsaicia po-p q The United States is expressly 81
forth and dednsd sni TIE AT q ssp'sui'sf -, lIss
sasbshns the judicial courts Of ,bs United nsAiss u
oonferrinz upou federal oours lcrf,'ion over ease
originating IN Stat ubaaAs csrsfai W oonnns Ties
10 ths ela.ses sngmersist IN the sbSse f-cisi cus
| The rBsiliutlon ms secsion ~ ihs en unsope'sf
copscbsnss esaos anf aaihorrss The n power
that are no. ~ ths oousision uthin TIE lsrsilfilo
e tie oarti of.ibs UEiss sisisa TotrAhs'r them
tbo~s coana sDai 10 an srsfriss % auihyrty ss "a
csisief " srets datrus, and ths part q q
The sisies fof ne bh applies siiss 10 sn q sbsB =