The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1866-04-04


MED or cannot enforce in the courts ar ju-
dicial tribunals Of the State or locality
where they may be anv Of the rights secar-
ell to, them by the iirs, section" The
construction which Ihave given TO the Sc
cond, section is strengthened by this third
section, fur il makes clear what kind OF de-
NAL or deprivation Of the rights secured by
the FIRST section was IN contemplation. lie
is denial or deprivation OF such rights /" in
the. csurts or judicial tribunals Of the
State" Il stands. therefore. clear Of doubt
mat tire offence and til penalties provided
in the second sectiun are attended Tor the
Stale Judge, who, in the clear exercise of
Ills functions As Judge, not acting minis.
terialIy, but iuiiciaily, shall decide coitra-
~ 10 this Federal law. In other words.
when State Judge. acting upon question
involving conflict between State law
and, a, Federal law, aud bound according to
his own Judgment and responsibility. to
rive an impartial decision between the two,
cones u the conclusion. that the State law
Is valid and the Federal law is Invalid, he
must not follow the dictates ot his own
jaJs meat, al the peril OF fine and imprisom.
asnl. The Legislative departmen. .. the
Government Of the United States thus takes
from the Judicial department d the States
the sacred and exclusive duty ot Judicial
decision, and converts the State Iaise into
a mere ministerial oticer. Oound 10 decide
according 10 the will If Congress.
Ii is clear that IN States winch deny 10
persons whose rights are secured by the
hrst sectiun ut the bill any OF th0se rights.
all criminal and civil cases affecting them
will, By the provisions Of the third section,
coule under the exclusive cognik lnce at the
Federal tribunals. IL fallows that ii. in
any State which denies to culnred person
any one Of all those rights. that person
should commit crime against the laws Of
the State--murder, arson, rape. or any
other crine-all protection and punish.
ment through the courts of the State are
taken away, aud he can only be tried aud
punished in the Federal Courts. Hpw is
the criminal 10 be tried: Ii The oif.nc. i
provided Tor aud punished by Federal law,
that law, and not the State law, Is to gov.
ern.
Ii is ONLY when the offence dies not
happen 10 be WITHIN the pursIew nt fede-
raj law that the Federal cosrts are To try
and punish hlm under aDy other law. Then
resort i. TO be had 10 :. the cvInmon law. a.
modified and changed BY State IrgIsIa-
ton, = 80 lar As the sane Is not inconsis.
tent with the Constitution ant laws ot the
United States" 80 that over this vast
domain Ut criminal Jurisprudence psosid.
ed ~ each State for the projection Vi IFS
own citizens, aud to- the punishment ul al
persons who violate its criminal laws. Fee
deral law. whenever u can be made 10 APP
ply, dlsplaces State law.
The question here naturally arises. ffum
what source Congress, derive, the power 10
transfer 10 Federal tribunal. certain eld,s.
es oil cases embraced IN this section: The
Constitution expressly declares mat the
Judicial ppwer oi the United states, = snail
extend 10 all cases ~ i.s sui equity ari,.
lng under this Constitutions, the law, ui the
United States. and treatIe, made. Or which
snail DE made, under their authority To- ali
case, affecting ambassadors, other pubic
ministers and cDHsais: 10 all Cases ~ all
mlraity aud maritime jari.dIcIIon to cnn.
tro,rr,ls, 10 which the United States shall
be party !. 10 controversies between IVA
Ur more Stltes, between State aud elil.
Lens III another state. between citlLens "
different states. betwren citizens u tnr
sane stAte claiming Iand under grant, %
different States, aud between State, UI
clt,zens thereof, aud toreIga States, citl'
zeEs, % subjects"
Here the judicial power Of the Unite,
! States i. expressly set forth aud defined
and the act oil September "a, 1883, e,tab
lishin, the Judicial courts Of the UnIte'
states, in comforting upon the Fedora
courts jurisdiction over cases originating
IN State tribunals, is careful To cOniin
them TO the classes enumerated IN the A
i boye recited clause Of the Constitution
Il This section Of the bill undoubtedly com
1 h..