The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1866-04-06

ence of the ludiciary-alwayS essential tt
the preservation of individual rights-;.nt
without impairing the efficiency of officer:
always necessary for the maintenance o.
the public peace and order.
The remedy proposed by this section
seems to be in this respect not only anoma.
lous. but unconstitutional, for the Collsti,
tuition guarantees nothin. with certainty il
1t does not ensure to the several States the
right of making index ruling laws in re-
gard to AL matters arising within thcil
jurisdiction. subject only to the restriction
in cases of conflict with the Constitution
and constitutional laws of the United
States, the latter to be held rs the SUI
preme law of the land.
The third section givcS the District
Courts of the United States exclusive cog
nizancc of all crimes and otfcn>es commit
ted against the provisions of this act, and
concurrent jurisdiction with the Circuit
Courts of the United States of all civil
and criminal eases, affecting persons, who
are denied or cannot enforce III the courts
or judicial tribunals of the State or local
itv. where there may be any of the rights
secured TO them 10y the first section.
The construction which | have given
TO the second section is strengthened by
this third section, for it makes clear what
kind Of denial OF deprivation of rights, Sc
cured by the first section. was in contcl-
plation. L! is q denial or deprivation of
such rights in the courts or judicial tribl-
nai> OF the State Ii stands, therefore.
clear OF doubt hat the otftllSc and the pen
altic> provided by the second section and
intended for the State Judge, who in the
clear exercise of his functions Is a judge.
not acting mini>teriallv bat .Iudicially.
shall decide contrary TO tins Federal law
In other words. when Il State Judge. act-
inc upon question involving 4 conflict
between Il State law and Il Fe'leral law,
and bound according TO hiS own judgment
aud responsibility TO give an impC rtant
decision between the two, comes TO the
conclusion that the State law l. valid and
the Federal law i> invalid, he must not
follow the dictates of his own Jul gnent al
the peril OF fine :,nd Imprisonment.
The Legislative Department of the yov-
cimmrnt of the tnitcd States thus takes
from the Judicial Department of the Stale
the sacred and exclusive duty of Judicial
! decision. and converts the state judge
| INTO a mere ministerial officer. bound 10
/ decide actoriin" to the will Of Congress.
/ Ii is clear that in States which DENY IL
persons whose rigIt> are secured bv the
first section oi the bill. any one oi those
riolil~. all criminal :unl civil CASES alltcl-
in" them will. by the provisions OF III,
lhrti section, come under thr cNccutlv,
coallizlnrc OF the fc!'raI tribunals.
Ii follows that if amy STATE which d.
nir- 10 4 coiurcd person any one of al
these rights. that person should commit {;
crime against the laws of Il >tatc-lnur-
der arson. rape or any other crine-,l
protection and punishment through tn,
! Courts OF the STATE are taken away. and
he can Only hr tried and punished i'll In,
Federal Courts How i the criminal Il
he tried ii the otitn>e * provided ior an,
punished hy Federal law That law am
not the Stat law i to .nycrm. Ii i only
when the oli,n>c doc not happen 10 h,
within the puryirw "i the Federal l:Iw
that the Federal Courts are TO try IN,
p,mi-i him under any other law. Thcl
resort i to he had 10 the common law Il
modified by the STATE legislature 81 tar II
the same /, not inconsistent with the Con
i>liluion aud laws of the | nitcd States
so that over the vast domain OF crimn;l
Jurisprudence provided by each State to
The protection OF liz own citizens and 10
the punishment of III. persons who violate
It's criminal laws, Federal law. whcrcvc
il can -bc ma'!H to apply, ,li>placeS Stat
law.
The question here naturally arises. from
what source Congress derives the powe
to transfer to the Federal tribunals Ger
tain CLASSES OF cases embraced in this sec
ton The Constitution expressly dc
clarcs that ''thc judicial power of tn
ntcd States shall extend to I'LL cases il
law and equity arising under this Con,li
tuition, the laws Of the United States IN,
treaties made, or which shall be made
under their authority: to all cases affect
inc Ambassadors and other public Minis
ters and Consul> to all cases of AImiraIt
land Maritime jurisdiction to controycr
>ir> TO which the United States shall bc
party 70 controversies between two O