The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-09-25

their institution, the jurisdiction of crimes
committed in and against the state is not
among the number. In the decision in the
celebrated case of HUDSON and GOODWIN
the doctrine is plainly laid down that
''to fine for contempt to imprison for con
tumacy, to enforce the observance OF
orders, are powers necessary for the exer
else of all other powers without the au
thority of statute. But to exercise Grim
inal jurisdiction in common law cases is
not within their implied powers, and it is
necessary for Congress to make the act a
crime, to afiX a punishment to it and tc
declare the court which should have juris-
diction"
This doctrine is found in the Commenta-
ries of Chancellor KENT, and he
continues at considerable length in
the same strain, always keeping the
same doctrine plainly in view,
saying among many other pertinent things
in this connection, and this as much
pointed as anything else, perhaps a great
deal more so, that 1.-The mere circumstance
that the party injured by the offense under
prosecution was an officer of the govern
ment OF the United States does not give
jurisdiction; for neither the constitution
nor the judicial acts founded upon it give
the federal courts general jurisdiction in
criminal cases affecting tao officers OF
government, as they have in cases affecting
public ministers and consuls, Because an
officer was appointed under the constitu
ton, that would not of itself render all
cases in which they were concerned or
might be affected cases arising under the
constitution and laws and cognizable by the
judiciary Such a ride construction loOuld be
transferring Legislative potUsr to the Judiciary
and rest il iuith almost unlimited jurisdiction;
for where is the act that might not, in some
manner, be connected with the constitution
or laws of the United States.n
This comes very near to an exact de-
scription of the attitude of Judge SAWYER :,
and it is suggested. by the Philadelphia
Times that its possibilities for mischief
will be apparent to any one who will con
slider its applicatio n, for an example, in an
attempt to extend the federal Jurisdiction
over elections in the southern states. It
would be possible to surround every polling
place with deputy marshals who would be
entirely beyond the control of law, and
who might commit murder or any other
crime with impunity, being answerable
only to machine made circuit Judge. 1t is
held, however, as a fortunate thing, that
the supreme court has yet to review Judge
SAWYER. and it is not considered likely
that that august body will reverse its own
ell-established doctrine. 1t is pretty well
understood that it uniformly and all the
time stands in the way of attempts, as in
the civil rights bill, to extend the national
authority beyond the limits prescribed by
the constitution, and it is claimed that it
may be relied upon to check this latest
attempt to transfer legislative power
to the judiciary. 1t is, how
ever, none the less significant
of the growing contempt for constitutional
restrictions that is just now properly de-
scribed as one of the gravest dangers to
our political system. and that should call
call forth the must strenuous resistance.
Itneeds nc ghost to come from the grave
nor any other authority beyond the mere
and truly Judge SAWYER is carrying out
the accepted doctrine which, more than any
other. marks the distinction between Dem
ocracy and Republicanism. The former
always favoring and upholding so fara it
was permitted to the doctrine of the separ-
ate rights of the states and the individual
rights OF the people Of the states, has all
along and on many occasions been met by
just such revolutionary procedure as that
which set an offender against the laws of
state free, without the action of its grand
jury or courts; it is able to meet and Gv r
come all such opposition TO the rights of
the people, and because it is then qualified
and willing and always has been so is the
principal reason why it has never been en-
tirely vanquished and never can be.