The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1866-04-05

| sued by State judges in execution of thei
judgments, could be Brought before Other
tribtinals, ard there subjected to fine and
imprisonment for the performance of the
, duties whick such State laws may i'm,
pose The legislation thus proposed in
vades the judicial power Of the State
1t says to every State, court or Judge. i
you decide that this act is unconstitutional
if YOU refuse, under the prohibition of {
State law, to allow negro to testify: if you
hold that over such subject matter, the
SAID law Ii paramount. or under color Of .
State law. refuse the exercise Of the
right to the negro, your error Of judg dgment
however conscientious. shall subject YOU
TO fine and Imprisonment. do not apprc
hend that conflicting Legislation which the
bill seems to contemplate is so likely to
; occur as to render it necessary at this
time to adopt 4 measure Of such doubtful
constitutionality In the next place, this
duty Of judicial decision converts the
State Judge into mere ministerial officer
bound to decide according to the will of
Congress. In States which deny to per-
sons whose ri eEts 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 Executive cognizancs Of
the federal tribunal, it follows that if any
State which denies to 4 calored person an
one Of all those rights. and that person
should commit crime against the laws Of
a State-mur1er or any other crime-all
protection and punishment through the
courts ofthe State are taken away, and he
can only be tried and punished in the fed
eral courts. How is the criminal to be
tried If the clense is provided for and pun
ished by federal law E! That law, and not
the State law, is to govern 1t Is only
when the off,nse dos not happen to be
within the supervision of federal law that
the State courts are to try and punish him
under any other law. Then resort is to be
had TO the common law. rs modified and
changed by State legislation, so far as the
same is nos inconsistent with the Con,titu-
ton and laws Of ti,2 United States, 80 that
over this vast domain Of criminal juriS-
prudence provided by each State 10. the
protection of her own citizens, and for
. the punishment Of all her sons who violate
It's criminal iaWs--federal law, whenever
it can ee made to apply, displaccs the
State law. Tie question here naturally
arises from what source Congress derives
It's power to transfer 20 the federal tribu-
mails certain ciatscs Of S;:ses embodied in
this section TIE Constitution expressly
!, declares that the Judicial power Of the
I United States shall extend to all casts III
law and equity arising under this ca ION
tho i"""e Of rho United States and treaties
made, and which shall be rade under their
authority. To all cases affccting ambassadors
or other public ministers and consuis. to
all cases Of admiralty aud maratirrtc juris-
dictiOn, 10 controversies TO which She Uni.
ted States shall be a party. to the coiitfo-
yersles between tw) or more States. be-
tween State and the citizens Of another
State, between citizens Of different States,
between citizens Of the same State. claims
Of land under grants cf different States.
and between State or its citizens foreign
States, citizens or subjects. Here the IL
dietary power Of the United States is cx
pressly set forth and defined, aud the act
of September u, l1S9, establishing the
I judicial courts of the United States, con
tering upon the federal courts jurisdiction
over cases originating in State tribunals,
is careful to confine them to the classes
enumerated in the above cited clause of
4 the Constitution ibis section of the bill
undoubtedly comprchended cases and au-
thOrzes the exercise of powers that are
not by the Constitution within the urls
diction of the courts of the United States
to transfer them to those courts would be
an exercise of authority well calculated to
excite disirust and alarm on the part Of all
the States, for the bill applies alike to all
of them, as well as those that have not
been engaged in rebellion. 1t may be an
swcrcd that this authority is incident to
the power granted 20 Congress by the Con-
stitution, as recently amended. to enforce,
by appropriate legislation. the article de
clarng that neither slavery nor involun-
tary servitude, except for punishment of
crime, whereof the party shall have been
duly convicted, shall exist within the
United States on any plain subject to their
jurisdiction. 1t can not. however, be
Justly claimed that, with q view to the en-
forcement of this article of the Constitu-
ton, there is at present any necessity for
the exercise of all the powers which this
bill confers. Slavery has been abolished
and at present nowhere exists within the
jurisdiction of the United States, nor has
there been, or is there likely there will be,
any attempt to revive it by the people of
the States However if any such attempt
shall be made, it will become the duty of
the General Government to exercise any
and all incidental powers necessary and
proper to maintain inviolates this govern
ing law Of the freedmen
The fourth section of this bill prov ides |
that officers and agents of the Freedmen
Bureau shall be empowered to make ar
rests, and that other officers may be spc-
cialy commissioned for that purpose by
the President of the United States. 1t
also authorizes circuit courts of the Unit
Cd States, and superior courts of the Ter
ritories, to appoint, without limitation,
commissioners, who are to be charged with
the performance of quasi judicial duties.