The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-04-11

ana executing laNS III ETS"'O ~ "'l t'''-' =
arising within their jurisdiction, subject oA'y
to the restriction that in cases Of conflict with
the Constitution and constitutional laws Of
the Uutcd States the latter should be held to
be the supreme law Of the land.
The third section gives the District Court
Of the United States exclusive "cognizancc Of
all crimes and offences committed against the
provisions of this Act" and concurrent iu1iS-
dicti0n with the Circuit Courts Of the CH;tcd
States Of all civil and criminal cases "ativctlng
persons who are denied o. Cannot enforce in
the courts or judicial tribunals Of the State or
locality where they may be, any Of the rights
secured to them by the first section" The
construction which have given to the second
section is strengthened by mis- third section,
for it makes clear what kind CT denial or de-
privaton Of the rights secured by the first
section vas in contemplation. 1t is denial
or deprivation Of such rights "in the courts or
judicial tlbGnals of the State" 1t stands,
therefore, clear Of doubt that the Offences ard
the penalties provided in the second section,
are intended for the State Judge, who, in the
clear exercise Of his functions as judge, not
acting niinisteriaIy, but judicialy, shall de-
eide contrary to this Federal law. In other
words, when a State Judge, acting upon
question involving a conflict between a State
law and 4 Federal law, and bOunf, according
to his own judgment and responsibility, TO
give an impartial decision between the two,
comes to the conclusion that the State law IS
valid and the Federal law is invalid, ne must
not follow the dictates Of his owu Judgment,
at the peril of fine and imprisonment. The
legislative department of the Government OF
the United States thus takes from the Judicial
department of the State the sacred and cXcu-
Sive duty Of judicial decision, and converts
the State Judge into mere ministerial officer
bound to decide according to the will Of Con-
gross.
1t is clear that in States which deny to per-
sons whose rights are secured by the first
section cr the bill! any one Of these rights, all
criminal and civil cases affecting them, will,
bv the provisions of the third section, come
under the exclusive cognizance OF the Federal
tribunals 1t follows that if, in any State
which denies to colered person any one Of
all these rights, that person should commit a
crime against the laws cf the Statc-murder
arson, rape or any other crimc-all protection
ard punishment through the laws of the State
are taken away, and he can ouly be tried aud
punished in the Federal Courts. How is the
criminal to be tried If the offence is provided
for and punished by Federal law, thatia and
not the State law, is to govern.
It is only when the offence does not happen
to be within the purview of the Federal law
that the Federal Courts are to try and punish
him under any other law. Then resort is to
be had to the " common law as modified and
changed" by State legislation, $50 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 own citizens, and for the punishment Of all
persons who violate its criminal laws, Federal
law, wherever it can be made to apply, dis
places State law.
The question here naturally arises, from
what source Congress derives the power to
transfer to Fedora? tribunals certain classes OF
cases embraced in this section? The ConSti-
i tuition expressly declares that the judicial
power of the United States ''Shall extend to
all cases IN 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 con-
SulS; to all cases of admiralty and maritime
jurisdiction; to controversies to which the
!
! sizes between 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
Of different States, aud between State, or the
! citizens thereof, and foreign States, citizens
! or subject.
Here the Judicial power of the United States
! is expressly set forth and defined; and the
Act Of September 24, 1889, establishing the
! Judicial Courts Of the United States, in con
! ferring upon the Federal Courts jurisdiction
over cases originating in State tribunals, is
; careful to contine them to the classes cnumer-
ated in the above recitcd Cause of the ConSti-
tuition This section Of the bill undoubtedly
comprchcnds cases and authorizes the eXer-
else of powers that are not, by the Constitu
! ton, within tie Jurisdiction Of the Courts
Of the United States. TO transfer them to those
Courts would be all exercise Of authority well
calculated to excite diStrust and alarm On the
part Of ali the States for the bill applies alike
to al Of them, as well as to those that have not
been engaged in rebellion.
! 1t may be assumed that this authority is
Incident to the power granted to Congress by
: the Constitution, as recently amended, to en-
force by appropriate Hesitation, the article de-
! claTlng that 'nelther slavery nor involuntary
scrvitude, except as punishment for crime,
whereof the party Shall have been duly con
vctcd, shall exist within the United States Or
any place subject to their Jurisdiction" It
cannot, however, be justly claimed that, with
view to the enforcement of this article of
! the Constitution, there is at present any ne
cesSity for the exercise Of all the powers
= which this bill cOnfcrs
! Slavery has been abolished, and at present
nowhere exists within the jurisdiction of the
| United States; nor has there been, nor is it
likely there will be, any attempt to revive it
! by the people of the States If, however, any
such attempt shall be made, it will then be-
come the duty ofthe General Government to
! exercise any and all incidental powers ncces-
sary and proper to maintain inViolate this
great constitutional law of freedom.
The fourth section Of the bill provides that
! officers and agents Of the Frecdman's Bureau
! shall be empowered to make arrests, and also
that other officers may be specially comnls-
stoned for that purpose by the President OF
the United States. 1t also authorizes Circuit
Courts of the United States and the Superior
Courts of the Territories to appoint, without
Limitation, commissioners, who are to be