Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-04-13

| Judlclai decision, and converts the State
judge into mere ministerial officer bound
to decide according to the will of Con-
gress.
It 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 criminal and civil cases affecting
them, will, by the provisions of the third
section, come under the exclusive cogni-
zance of the Federal tribunals 1t follows
that il, i'll any State which denies to a col.
ored person any one Of all those rights,
that person should commit crime against
the laws of the State, murder, arson, rape,
or any other crime, all protection and pun
ishment 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 provided 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 purview of Fed
eral 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,
as modified snd changed" by State legisla
ton, $50 far rs the same is not inconsis-
tent with the Constitution and Laws of the
United States" So that over this vast do.
main Of criminal jurisprudence provided by
each State for the protection of its own
citizens, and for the punishment of all per.
sons who violate its criminal laws, Federal
law, wherever it can be made to apply, dis
places 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 section7 The
Constitution expressly declares that the
judicial power of the United States "shall
extend 10 all cases in law and equity aris-
ing under this Constitution, the laws of the
United States, and treaties made, or which
shall be made under their authority; to oil
cases affecting ambassadors, other public
ministers and consuls to all cases of adj
piralty and maritime jurisdiction; to con.
troversies to which the United States shall,
be party; to controversies between two
or more States; between State and citi-
zens of another State between citizens of
different States; between citizens of the
same State claiming land under grants of
different States, and between State or
the citizens 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 "a, 1889, estab.
fishing the judicial courts of the United
States, in comforting upon the Federal
courts Jurisdiction over cases originating in
the State tribunals, is careful to coniue
them 10 the classes enumerated in tie 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 jurisdiction Of the courts Of the United
States. To transfer them to those courts
would be An exercise of authority we'll cal.
culated to excite distrust and alarm on the
part OF all the States, for the bill applies
alike to all Of them, as we'll 10 those that
have as 70 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,
to enforce, by appropriate legislation, the
article declaring. thats,. neiibet slavery nor:
involuntary servitnde, except asa pupisll-
ment. ioEcfime whereof tile party: shall
have been. duly convicted, shaltexist within
the United States, or any plaee subject to
their jprisliciion.s It cannot, however, be
justly claimed That, with view to the en-
forcement Of this; article Of the Consti,u-
ton, there is at present any necessity for
tie exercise Of all che powefs which this
bill confers. 80 ..tS= 1.
Slavery has been aboli.hed, and at pre-.
sent nowhere exists within the iefisdictjon
Of the United States, nor has there been,
nor is,it likely there will be any; attempt
to revive it; by the people Of the States. II;
however, any such attempt be made, it will
then become .he-duty Of tbs General Cor
sfnu,opt TO exerciae any and sall inoiasntaI|
powers hsesssafy aud proper 70 mAintsins|
inyiolats tthis great Conssii intionsI Law yofl
.resdorp s. ( Ss;S:s5 .5,s
The fourth & ssst'on ofE 81 sssbia prqfiisssf