The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1866-04-04

es mold any Oulce, and nu4..y 10 vote in ever
~ state and Territory 0f tie United state.
- Is respects the Territories they com
~ within the power or Congress. for. As I
N them, the iaw-mAklng power IS the FEEDER
- power; but, as 10 the states. 10 slmila
y provision exists ye-iin- in Congress tl
- power 20 make rules and regulations F
!" them
~ Tie object oi the section of the bill is q
alurl discriminating protection 10 colore.
persons ll the iul enjoyment OF all tl,
y rights secured % them 0} the prece1n.
: section Il declares that any person who
under cover OF any law. statute. ordinance
- regulation, or custom, shall subject or caus,
To lie subjected. any luAaJ.tant OI any stat,
or Territory Cd the deprivation Of anv ri.rht
. secured or protected Boy this act. or 10 dir
, erent punishment pains OF penalties on
Y account Of such person having. at any time
y been Acit IN condition Ot slavery or in-
= voluntary seryitude. except as q punish
. ment OF crime whereof the party shall
. have been duly convicted or hy reason Of
= color or race than j. prescribed for the
punishment oi White persons. shall be
deemed guilty oi misiemcau0r. and ON
CONVICTION shall he punished by a fine not
exceeding :. .ONi. or Imprisonment not ev-
ceedng one year. or BOTH in the discretion
ol lhe court. This section seems 10 bee
designed 10 apply 10 some existing or fu-
lure law oi state or Territory. which NAV
cohhicl with The provisions OF the blll now
under consideration. Ii provides for coun-
teractlng such forbidden legislation by inn
posing line and imprisonment upOn the
Legislature who may pass such conflicting
Laws, or upon The officers or agents who
shall put or attempt 10 put them into exc
cuiOn- II means an official Ofen,e. not a
common crime committed against law upOD
the person OF property OF the black race
ouch an act may deprive the black man of
his property. bat not OF his right 10 hold
property IL means "a deprivation OF the
right itseil either 10y the State judiciary or
the state Legislature. ID il. therefore.
assumed that under this section members
Ol a state Legislature who should vote TOR
/ laws conflicting with the provisions of the
Dii, iual judges OF thc State courts who
should render iHd gment lnantagonism with
MS terms, and that Mdrshals aud Sherius
Who should, as ministerial officers. execute
/ processes sanctioned by state laws and is
sued 10y State judges in the execution OF
their judgments, could bc brought before
oiher tribunals, and there subject To fine
and imprisonment for the performance of
the duties which such State laws miaht
impose. The legislation thus proposed
inNades the Judicial power OF the State II
says to every State court or JUDGE 81. II von
decide that this act Is unconstitutional if
You refuse, under the prohibition Of a State
law 10 allow 4 negro 10 testify. if Won hold /
that over such a subject matter the said
law Is paramount, ii under cover OF a State
law yOd refuse the exercise of the NEGRO. (
your error OF Judgment, however uncon- /
sclOus. shall subject YOU 10 line and impris- /
Onment."
do not appreheud that conflicting leo
lslatlOn which the bill seems 10 contemplate
IS SO likely 10 occur Is 10 render il nee
essdf} at lhis time 10 adopt measure of
such doubtful c0nstitutOnality. In the
next place, this provision of the bin seems
I'd be Unnecessary as adeonate iudicial
remedies could be adopted 10 secure the
desired end without, invading the immuni-
Ties OF legislators, always important to be
preserved on the interest Of public liberty
without assaillng the independence of the
judiciary always essential TO the preserva-
tioh OF individual rights. and without inn
pairing the efficiency OF ministerial affairs
Away necessary for the maintalnance Of
public peace and order The remedy pro
posed toy this section seems % be in his
respect not only superiuOus but unc0nsti-
tutionaI; for the Constitution guarantees
nothing with certainty, if il does not insure
10 the several States the rights of mokinos
index ruling laws in regard to all matters
arising within their Jurisdiction. subject
ohiy 10 Their construction, in cases of con
met Nln The construction and constitution
al laws OF the United States the latter 10 be /
held as the supreme law of the land.
Inc third section gives the district courts .
oi the United states exclusive cOgnizauce I
)f ali crimes and Oienses committed against ,
The provisions OF this act, and concurrent !
jurisdiction with their Circuit Courts Ofthe +
United states OF all civil and criminal cases y
affecting persons who are denied or cannot
enforce IN the courts orjudicial tribunals OF u
he state or locality where they NAV be. any {
)i the rights secured To them bv the first
section The construction which have civ o
IN 10 the second section, makes clear what r
lnd OF denial or deprivation of such rights o
Il the courts OF Judicial tribunals Of the O
,tale. II stands, therefore, clear Of doubt d
nat The oiiense and the penalties provided d
D the second section are intended for the il
tate Judge, who, in the clear exercise OF Il
us functions as Judge. not acting minis Il
erlally, but Judlclaly. shall decide contra o
y 10 the Federal law. In other words @
shen state Judge, acting upon a cues
ION involving conflict between a state q
aw anu Federal law, and bound. accord Ii
hS 10 MS own judgment and reSDOnslbii- %
y, 10 give an impartial decision between c,
De Two. comes 10 the conclusion that the 81
tate law IS valid, and the Federal law is "a
Invalid, he must not follow the dictates NJ II
rs own Judgment. at the peril OF fine and n
The legislative department Ia
. tne Government Ofthe United States TINS 4
axes from the judicial department Of the a
tates the sacred and exclusive dutv of F.
ldlcial decision. AMI converts the State a
udge into mere ministerial officer. bound al
D decide according 10 tAe vii of Con- Il
ress. h
II IS clear that in States which denv to 2
ersons whose rights are secured bv the Il
Isl section Of the oil. any of those rights il
nd all criminal and civil cases affecting m
leln Wll, Oy the provisions OF the third Il
4cton. come under the executive cOgniz- C;
nee ol the Federal tribunals. Il follows a
lal u any state denies to colored person tt
ny one OF ali these rights if that person te
lvuiu commit Z CRIME against the laws OF tl
H.1'e' murder or any other crime, all pro- tl
.ct0n and punishment through the co1r-s Il
the state are taken away. and he can on In
ue tired all punished in tie Federal a
lurts. How Is the criminal 10 be tried II Ia
he otiense is provided for and punished bv by
ederal law That law and not the ~tate be
W is ID govern. II IS only when The Of 10
nse does not happen % De within the nur- 81
ew OF Federal law that the Federal courts II
re 10 Try and punish him under anv other fo
~. then resort Is 10 be lad 10 the common OF
~ so modified, and changed bv state leo on
lation. 81 far a. the same IS not inra1- I'll
sIent with the Constitution and laws or. mi
e Jnited States. 50 that over the vas, do re-
ain oi criminal Jurisprudence. provided II
each state Tor the protection 0fis own tal
tzenS. ana Tor tue punishment ofau Der tiC
us Who violated its criminal laws. FEEDER er.
law, wherever it can be made TO apply nj
Splaces state. Tor
The question here naturally arises from ha
bat source Congress derives the power To II
2nsier % FEDERAL tribunals certain class to-
OF cases embraced in this section The tra
institution expressly declares that the in err
clal power Oi the United states shall ev-