Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-04-05

classes enumerated in the above recited
clause of the Constitution. This section
of the bill undoubtedly comprehends cases,
and authorizes the exercise of powers that
are not, by the Constitution, within the ju
risdiction of the courts of the United States
To transfer them to those courts would be
an exercise of authority well calculated to
excite distrust and alarm on the part of all
the States, for the bill applies alike to all of
them-as we'll to those that have not as to
those that have 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 enforce, by appropriate legislation, the
article declaring that "neither slavery nor
involuntary servitude, except as punish.
meut for crime, whereof the party shall
have been duly convicted, shall exist within
the United States, or any place subject to
their jurisdiction " 1t cannot, however, be
Justly claimed that, with a view to the en-
forcement of this article of the Constitution,
there is at present any necessity for the
exercise of all the powers which this bill
confers.
Slavery has been abolished and at pres
ent 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 become the duty of TIE
General Government to exercise any and
all incidental powers necessary and proper
to maintain iuviolate this great constitution
al law of freedom.
The fourth section of the bill provides
that officers and agents of the Freedmeu's
Bureau shall be empowered to make arrests,
and also that other officers may be special
ly commissioned for that purpose by the
President of the United States. 1t also au-
thorizes circuit courts of the United States,
and the superior courts of the Territories,
to appoint, without limitation, commission
ers, who are to be charged with the perfor
nance of quasi judicial duties The fifth
section empowers the commissioners so to
be selected, by the courts to appoint in wri.
ting, under their hands, one or more suita-
BILE persons, from time to time, to execute
warrants and other processes described by
the bill These numerous official agents
are made to constitute sort of police, in ad
dition to the military, and are authorized
to summon posse comitatus, and even to
call to their aid such portion of the land
and naval forces of the United States, or Of
the militia, Gas may be necessary to the
performance of the duty with which they are
charged"
This extraordinary power is to be confer.
red upon agents irresponsible to the Gov.
ernment and to the people, to whose num-
Der the discretion of the commissioners is
the only limit, and in whose hands such
authority might be made terrible engiue
of wrong, oppression, and fraud. The gen.
eral statutes regulating the land and naval
forces of the United States, the militia,
and the execution of the laws, are believed
to be adequate for every emergency which
can occur in time of peace. If it should
prove otherwise, Congress can at any time
amend these laws in such manner as while
subscribing the public welfare, not to jeop,
ard tie rights, interests, aud liberties of the
people.
The seventh section provides that fee
of ten dollars shall be paid to each commits
sioner in every case brought before him,
and fee of FIVE dollars to his deputy, or
deputies, "for each person he or they may
arrest and take before any such commission
err" "with such other fees as may be deem
ed reasonable. by such commissions" ''iu
general for performing such other duties as
may be required in the premises" All
these fees are to be "paid out OF the Treas.
ury of the United States," whether there is
a conviction or not, but in case of conVc.
tion they are to be recoverable from the de.
fendant. 1t seems to me that under the
influence of such temptations bad men
might convert any law, however beni6ceDt,
into an instrument of persecution and
fraud.
By the eighth section of the bill the Uni
ted States courts, which sit only in one
place for white citizens, mus. migrate,
with the marshal and district attorney, (apd
necessarily with the clerk, although he IS
not mentioned to any part of the distrlctN
upon the order of the President, aud there
hold court "for the purpose of the more
speedy arrest aud trial, of persons charged
with a violation of this act )" and there the
Judge and the officers of the court must re-
main, upon the order of the President, '"for
the time therein signated "
The ninth section authorizes the Presi.
dent, or such person as he may empower
for that purpose, ''to employ such part of
the land aud naval forces Of the United
States, or of the militia, as shall be neces
sary to prevent the violation and enforce
the due execution of this act" This Ian,
guage seems to imply permanent military
force, that is to be always at hand, and
whose only business is to be the enforcement
of this measure over the vast region where
it is intended to operate
do not propose to consider the policy of
this bill. To me the details of the bill seem