The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1866-05-05

a.
low a negro to testify; if you hold that,
over such subject matter, the State law
is paramount, and under color of a
State law refuse the exercise of the right
to the negro, your error of judgment
however conscientious, shall subject you
to fine and imprisonment" / do not
that the conflicting legisla-
tion which the bill seems to contemplate
is likely to occur as to render it necessa-
ryat this time to adopt measure of such
doubtful constitutionality.
In the next place this provision of the
bill seems to be unnecessary, as adequate
judicial remedies could be adopted to
secure the desired end without involv-
ing the immunitive of Legislatures,
always important to be preserved in the
interests of public liberty; without as
sailing the independence of the .udicia-
ry, always essential to the preservation
of individual rights; and without i'm
pairing the efficiency of ministerial Off
GERS, always necessary for the mainten-
ance of public peace and order. The
remedy proposed by this section seems
to be in this respect not only anomalous,
but unconstitutional, for the Constitution
guarantees nothing with certainty if it
does not ensure to the several States the
right of making and executing laws in
regard to all matters arising in their ju-
risdiction, subject only to the restriction
that in cases of conflict with the Consti-
tuition and constitutional laws of the
United States, the latter should be held
to be the supreme law of the land.
The third section gives the District
Courts of the United States exclusive
cognizance of all crimes and offenses
committed against the provisions of this
act" and concurrent jurisdiction with
the Circuit Courts of the United States
of all civil and criminal cases affecting
persons who are denied, or cannot en-
force in the courts or judicial tribunals
of the State or locality wherever they
may be, any of the rights secured to them
by the first section and the construction
which | have given to the second sec
ton is strengthened by this third Sec
ton, for it makes clear what kind of de-
nial or deprivation of the rights secured
by the first section was in contemplation
1t is denial or deprivation of such rights
"in the courts or judicial tribunals ot
the State" 1t stands, therefore, cleal
of doubt that the offence and penaltie,
provided in the second section are in
tended for the State judge, who, in the
clear exercise Of his functions as a judge
not acting ministerially, but judicially
shall decide cc ctS at aliy this Fedora
law.
In other words, when Il State judge, act
ing upOn .,r"S,.on involving Il contiic
betweel d State law and Federal law
and bound, according to his own judg
mcnt and responsibility, to give an i'm
partial decision between the two comes t.
the conclusion that the State law is Valit
and the Federal law is invalid, he mus
not follow the dictates Of his own judg
ment. The legislative department o
the Government of the United State.
thus takes from the judicial department
of the States the sacred and exclusive
duty of judicial decision, and convert,
the State judge into a mere ministerial
officer, bound to decide according to tho
will of Congress.
1t is clear that in the States which de
ny to persons whose rights are securet
| by the first section of the bill any one
of these rights, all criminal and civi
cases affecting them will, by the provis
ion of the third section, come under the
exclusive cOgnizance of the Federal tri
bunals. 1t follows that if any State
which denies to n colored 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 or punishment
through all 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
oflcnse 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 moi
happen to be within the purview of Fed
eral law that the Federal Courts are to try
and punish him. Under the other law
then, resort is to be had to the common
law as modified and changed by STATE
legislation, so far as the same is not in
consistent with the Constitution and law
1f the United States. So that over thi
vast domain of criminal jurisprudenc,
provided by each State for the protection
1fits citizens, and for the punishment o
III persons who violate its criminal laws
Federal law, wherever it can be made t,
lpply, displaces State law. The ques
ton here naturally arises, from wha
iource Congress derives the power t
transfer the power to the Federal tri
bunals certain classes of cases embrac
ID in this section? The Constitution eX
pressly declares that the judicial powe
# the United States shall extend t. al
cases in law and equity arising unde
| his Constitution, and laws of the Unitc'
States, and treaties made or which shal
be made undcr' their authority; to al
cases affecting ambassadors, other pub
lie ministers, and consuls; to all case
| If admiralty and maritime jurisdiction
70 controversies to which the United
States shall be a party; to controVer
sizes between two or more States; be
| tween Il State and citizens Of anothe