The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-04-04
that law, and not the State law, is to


govern.
tits only when the offence does not hap |
pen to be within the puryiew of Federal
law that The Federal courts are to try
and punish him under any other law.
Then resort is to be had to /" the COM
mon law, as modified and changed y 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 its own citizens,
andsfor the punishment OF all persons
who violate its criminal laws, Federal
law, wherever it can be made to apply,
displaces State law.
The question here naturally arises,
from what source Congress derives the
power to transfer to Federal tribunals
certain classes of cases embraced in this
section? The Constitution expressly
declares that the judicial power of the
| United States "shall extend to all ca
ses 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 ali
cases affecting ambassadors, other pub
lie ministers and consuls: to all cases Of
admiralty and maritime Jurisdiction; to
controversies to which the United States
| shall be party; to controversies be-
! tween two or more States, between a
State and citizens of another State, be-
tween citizens of different States, be-
tween citizens of the same State claim
ing land under grants of different States,
and betweena State, or citizens thereof,
and foreign States, citizens, or sub
jects."
Here the judicial power of the United
| States is expressly set forth and defin-
ed; and the act of September "a, 1889,
establishing the judicial courts of the
United States, in comforting upon the
Federal courts jurisdiction over cases
originating in State tribunals, is careful
| to confne them to the classes enumera-
ted 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
jurisdiction of the courts of the United
States. To transfer them to those courts
would be an exercise of authority we'll
| calculate to excite distrust and alarm
on the part of all the States, for the
bill applies alike to all of tliem-as well
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
Con gress by the Constitution, as recent
ly amended, to enforce, by appropriate
Legislation, the article declaring that
"neither slavery nor involuntary servi-
tide, except as punishment for crime,
VIII ereof the party shall have been duly
convicted, shall exist within the United
States, or any place subject to their ju-
ris.liction." 1t cannot, however, be
justly claimed that, with view to the
enforcement of this article of the Con
stitution, there is at present any neces-
| sity for the exercise of all the powers
which this bill confers.
4 Slavery has been abolished and at
present nowhere exists within the juris-
diction 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 Of the General Govern
ment to exercise any and all incidental
powers necessary and proper to main.
tain inviolate this great constitutional
law of freedom.
The fourth section of the bill provides
that officers and agents of the Freed
mems Bureau shall be empowered te
make arrests, and also that other off
GERS may be specially commissioned fol
that purpose by the President of the
United States. 1t also authorizes cir
{ eult courts of the United States, ani
the superior courts of the Territories
! to appoint, without limitation, commits
sioners, who are to be charged with tht
performance of quasi judicial duties
The fifth section empowers the commits
sioners so to be selected by the courts
I to appoint in writing, under their hands
one or more suitable persons, from TIM
to time, to execute warrants and othe
processes described by the bill. Thes'
numerous official agents are made t.
constitute sort of police, in addition
to the military, and are authorized t.
summon posse cOnaitatats, and even t.
call to their aid such portion of th'
land and naval forces of the Unitet
, States, or of the militia, cas- may b
necessary to the performance of tn
duty with which they are charged"
This extraordinary power is to b
conferred upon agents irresponsible t
the Government and to the people, t.
whose number the discretion Of the com
nlissioners is the only limit, and il
whose hands such authority might b
made a terrible engine OF wrong, OF
, preston, and fraud. The general statue
, regulating the land and naval forces 9
the United States, the militia, and sh
, execution of the laws, are believed t
be adequate for every emergency whe
can occur in time of peace. fit shoal
prove otherwise, Congress can at an
Z time amend those laws in such Taaluie
I as, while subscribing the public wes-far'
: not to leopard the rights, interests, an
). liberties of the people.
e The seventh section provides that
E fee of ten dollars shall be paid to eac
{ commissioner in every case brought b
! fore him, and fee of five dollars to h
deputy, or deputies, " for each L2erse
t he OF they may arrest and take :befoi