New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-28

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State laws and issued by State Judges in Of
their judgments could be brought before other tribu
mails and there subjected to fine and imprisonment for
the performance OF the duties which such State laws
might impose. The legislation thus proposed inyades
the Judicial power of the State. Ii says to every State
Court Judge: If you decide that this act is uncons
tuOna If y0u refuse under the prohibition OF State
law to allow negro to testify II you hold that over
such subject matter the said law Is paramount under
color of State law refuse the exercise Of the right 10
the negro; your error OF Judgment however conSCIen
tiOus, shall subject you 10 fine and imprisonment 40
not apprehend that the conflicting Legislation winch
the bill seems TO contemplate is 30 hkeiy TO
occur as TO render il necessary at this
time TO adopt measure of such doubtful constitution
atty In the next place this provision OF o Dill seems
TO be unnecessary. as adequate Judlcial remedies
could be adopted to the desired end without In
vading the mmunites Of legislators always important
TO be reserved in the interest OF puDc liberty not
withstandng the independence OF the Judiciary always
essential to the preservation Of individual rights and
without mpang the efficiency OF ministerial officers,
always necessary for the maintenance OF public peace
to be in this respect not only anomalous but unconstu
tional for the Constitution guarantees nothiSS with
certainty if it does not the several States the
right of making index ruling laws in regard TO all mat
tiers arising within their jurisdiction only to the
restriction of conflict with the Constitution,
and constitutional laws OF the United Satesthe latter
10 be held as the supreme law of the land.
The third section gives the District Courts of tho
United States exclusive cognzanee of all crimes and
oileuSes committed against the provisions of this act
and concurrent Jurisdiction with the Circuit Courts Of
the United States OF all civil and criminal affect
ing who are denied, or cannot enforce IN the
courts. judicial tribunals OF the state or locality
where they may be. any of the rights secured TO them
by the first section. The construction which have
given TO the second section is strengthened by this
third section for il makes clear what kind of denial or
deprivation OF rights secured by the first section,
in contemplation 1t is denial or deprivation OF such
rights III the courts or Judicial tribunals OF the State
1t stands, therefore clear Of doubt that the olense
and the penalties provided in the second section are
intended for the State Judge, who in the clear exercise
OF his functions Judge not acting minsteally but
| ifli clun IN llg Ealp
In other words when State Judge acting upon
question involving conflict between State law and
Federal law aud bound, according to his own judg'
ment and responsibility to give an impartial decision
between the two 20 the conclusion that the state
law is valid and the Federal law invalid. he must not
follow the dictates of his judgment AT the peril Of
fine and imprisonment. The Legislative department of
the Government of the United States thus takes from
the Judicial department of the States the sacred and ex
elusive duty Of judicial decision, and converts the state
Judge into mere ministerial officer bound TO decide
according 70 the viii OF Congress 1t Is clear that IN
States which deny 10 persons whose rights are secured
by the first section Of the bill any OF those nights,
ell criminal and civil cases affecting them viii by the
provisions of the third section. come under The execn-
tive eosuzance of the Federal tribunals 1t follows that
if IN anv State which denies 10 cO0rcd person any one
OF all these rights that person should commit crime
against the laws of State-murder, arson. rape, or
any other crme-an 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 tue criminal 20 be tried n the oiense
is provided FOR end punished by Federal lawi That
law and not the State law, is to govern. IL was only
when the oense does not happen 10 be within the prov
ince of Federal law that the Federal courts are to try
and punish him under any other law linen resort Is
TO be had 20 the common law, modified and changed
by State legislation. far as the same Is not lncOn.
sstent with the Constitution and laws OF the United
States So that this vast domain Of criminal nrs-
prudence provided by each State for the protection of
its citizens and for the punishment of all persons who
violated It's criminal laws, Federal law, wherever
can be made TO apply, dispaces State law The ques-
| ton here naturally arises. from what source
Congress derives the power 20 transfer to Federal
tribunals certain classes Of cases embraced In this sec
tion The Constitution expressly declares that the
udcia power Of the United States shG extend TO all
cases in law and equity rising under this Constitution
the laws Of the United States, and treaties made or
which slall be made under their authority 10 oil cases
affecting ambassadors other public ministers aud
consuls TO all OF admiralty and maritime jafis-
dicton; 10 controversies 70 which The United states
shall be paTy 20 controversies between two or more
States between a State aud citizens OF another state;
between citizens Of different States between citizens
OF the same state claiming land under grants Of differ
ent States and between State or the citizens thereof
and foreign States. citizens or SUBJECTS Here TIE
judicial power OF the United States is expressly set
forth and defined; and the act Of September q, 1873
establishing the iudcia courts Of the United States
in comforting upon the Federal Courts Jurisdiction over
cases originating IN State tribunals, i careful TO con.
fine them 70 the classes enumerated IN the above reccd
clause of the Constitution This section Of the bill I'M
doubtedly comprehends and authorizes tie exer'
else Of powers that are not by the Constitution within
the Jurisdiction Of the Courts Of the United States. 10
transfer them these courts would be exercise Of
authority well calculated 10 excite disirust and alarm
Part OF all the STATES, the uil 10
all Of them well to those that have not been engaged
in rebellion II may be assumed that this authority Is
incident 10 the power granted to Congress by the
| oustltution as recently amended TO enforce
/ by apuropriate legislation the article declaring
that neither Slavery involuntary seryitude except
rs shment for crime whereof the party shall have
been duly convicted shall exist within the United
States or any place subject 10 their jurisdiction. IL
cannot however De justly claimed that with view 10
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 las been
abolished and at present rowhere exists within the
Jurisdiction of the United States. Nor has there been
nor il il likely there will be any attempts to revive by
the peope OF the State H. however, any such attempt
shall be made it will then become the duty OF the Gen
eral Government 20 exercise any and All incidental
powers necessary and proper to maintain nVlOate ts
great law of freedom The fourth section OF the BIZ
provides that officers and agents OF the freedmens
Eureau shall be empowered make arrests, and also
that other officers may be specially commissioned Tor
that purpose by the President OF the United Staes IL
also authorizes Circuit Couits OF the United
| States and the Superior Courts OF the Terri
tories TO appoint without limitation Commissioners.
who are 10 be charged with the performance of qnasi
judicial duties The fifth section empowers the Com.
msiOners be selected by the Court To appoint IN
wiring one or more suitable persons from time 10 time
10 execute warrants and other processes desirable Dy
the bill These numerous Official agents are MADE 10
constitute sort Of police in addition TO the military,
and authorized to summon posse eomHdtEs; ana
even 10 call to their aid such portion OF the land ana
naval forces Of the United States. or OF the militia as
may essary 10 the performance OF thc dhy WIN
which they are charged This extraordinary power
10 be conferred upon agents irresponsible TO the Gov
ernment and to the people TO whose number the dis
creton Of the Commissioners il the only limit and In
whose hands such authority might be made Terrible
enoine of wrong oppression aud fraud. The general
statutes regulating the land aud naval forces OF the
United States the militia. and the execution OIL the
laws are believed to be adequate Tor any emergency
which con occur time of peace. If 1t should prove
otherwise Congress ut any time amend those Iaws
in such manner as while subseryinR the puDic WEI,
fare not to leopard the rights interests ana liberties oi
the people ..,o,u|
The seventh section provides that fee OF shall
be paid 10 each Commissioner IN every case Drought