Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1866-04-11
NEW SERIES-VOL. VINO. SO.


doubt that the offence and penalties
provided in the second section are in
tended for the State Judge, who, in
the clear exercise of his functions as
Judge, not acting ministerially, shall
decide contrary to this Federal law.
In other words, when a State judge,
acting upon question involving a
conflict between State law and a
Federal law, and abound, according to
his own Judgment and responsibility,
to give an impartial decision between
the two, comes to the conclusion that
the State law is invalid, he must not
follow the dictates of his own judg-
ment, at the peril of fine and impris-
onmant. The legislative department
of the Government Of the United
States thus takes from the judicial
department of the States the sacred
and exclusiveduty OF judicial decision,
and converts the State judge into a
mere ministerial officer, bound to de-
eide according to the will of Congress
DESTROYS FAIL LAho-
1t is clear that In the States which
deny 10 persons whose rights are
secured by the first section of the
bill any ore Of these rights, all
criminal and civil cases affecting
them, will, by the provision of the
third section come under the exclusive
cognizance of the Federal tribunals.
1t follows, that if any State which de,
nies to colored person any one OF all
those rights, that person should com
nit crime against the laws of the
State, murder, arson, rape, and any
other crime, all protection or punish
ment through the courts o4 the State
arc taken away, and he can only be
tried and punished an the Federal
courts How is the criminal TO be
tried if the offence is provided for and
punished by federal law that law aud
not the State law is to govern.
1t is only when the offence does
not happen to be within the purview
! of Federel law that the Federal courts
are to try and punish him. Under
any other law, then resort is 70 be had
to the common law as modified and
changed by State legislation, so far as
the same is not inconsistent with the
Constitution and laws of the United
States. SO that over this vast domain
of criminal jurisprudence, provided by
each State for the protection OF It's own
citizens, and for the punishment of all
persons who violate its criminal laws,
Federal law, wherever it can be made
to apply, displaces State law
AN ALARMING GRASP OF POWER.
The question here naturally arises,
from what source Congress derives
the power to transfer to Federal tri-
bunals certain classes of cases EN-
braced i'm this section The Consti.
tuition expressly declares that the ju-
dicial power of the United States shall
extend to all clses ia law and equity
arising under this Constitution, the
laws Of the United States, and treaties
made or which shall be made under
their authority TO all cases affecting
ambassadors, other public ministers,
and consuls to all cases of admirably
and maritime jurisdiction TO contro
versies to which the United States
shall he party to controversies be
tween two or more States; between
a State and citizens of another State
between citizens of different States
between citizens Of the same State
claiming land under grants ofditiereni
States; and between State, or the
citizens thereof, and foreign States
citizens or subjects.
Here the judicial power of the Uni
ted States is expressly set forth anC
. defined, and the act of September 24th
1889, establishing the judicial court
of the United States, in conferrinl
upon the Federal courts jurisdiction
over cases originating in State tribu
nails, is careful TO confne then
, to the classes enumerated in tn
above-recited clause of the Cons,itu
ton. This section of the bill undoubi
edly comprehends cases and authorize
the exercise of powers that are not
, by the Constitution, within the juris
dictlon Of the courts of the Unite,
, States. To transfer them to thos
courts would be an exercise of author
ty well calculated to excite distrust an
alarm on the part ofall the States, 70
the bill applies alike TO all of them, a
/ well TO those that have not been Ell
. gagged IN rebellion. 1t may be assuw
5 ed that this authority is incident {
f the power granted to Congress by tn
/ Constitutions recently amended
1 enforce, by appropriate Legislation
5 the article declaring that neithe
r slavery nor involuntary servitsse, e,
! cept as punishment for crime, wher'
= of the party shall have been duly col
e victed, shall exist within the Unite
t States, or any place subject to theil
jurisdiction.