The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1866-04-06


or any other crime, all protection or
through the courts Of the
State are taken away, and he can only
be tried and punished in the Federal
courts. How is the criminal to be tri-
ed if the offense is provided for and
punished by Federal law, that law and
not the State law is to govern? 3?
1t is only when the Ofense does not
happen to be within the purview of
Federal law that the Federal courtsare
to try and punish him. Under any
other law, then resort is to be had to
the common law as modified and chang
ed by State legislation, 50 far as the
same is not inconsistent with the Con-
stitutiOn and lawsof the United States.
So that over this vast domain of Grim
inal jurisprudence, provided by each
State for the protection of its own citi-
Zens, ard for the punishment OF all per-
sons who violateits criminal laws, Fed
eral law, wherever il can be made to
apply, displaces State law. The Ques-
ton here naturally arises, from what
source Congress derives the power to
transfer TO Federal tribunals certain
classes of cases embraced in this sec
ton? The Constitution expressly de-
clares that the judicial power Of the
United States shall extend to ali cases
in law and equity arising under this
Constitution, the laws of the United
States, and treaties madeOr which shall
be made under their authority; to all
cases affecting ambassadors, other pub
lie MINISTERS, and consuls to all cases
of admiralty and maritime iurisdic-
ton; to controversies to which the
United States shall be party; to con-
trOversies between two or more States;
between a State and citizens of an0th-
er State; between citizens of different
States; between citizens Of the same
State claiming land under grants Of
different States; and between a State,
OF the citizens thereof, and foreign
States, citizens or subjects.
Here the Judicial power OF the Uni
ted States is expressly set forth and de-
fined, and the act OF Sept. 9th, 1889,
establishing the judicial courts OF the
United States, in conferring upon the
Federal courts jurisdiction over cases
originating in State tribunals, is care
full TO confne them to the classes enunl-
Grated i'm 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, with
in the jurisdiction Of the courts Of the
United States. To transfer them to
+ho nnu7-+S 0f the United States would
be an exercise Of authority well calcu-
lated to excite distrust and alarm On
the part Of all the States, for the bill
applies alike to all of them-as well to
those that have as to those that have
not been engaged in rebellion. Itmay
be assumed that this authority is incl
dent to the power granted to Congress
by the Constitution, as recently amend
ed, to enforce, by appropriate legisla-
ton. the article declaring that neither
slavery nor involuntary servitude, eX-
cept as punishment for crime, where
of the party shall have been duly con-
victed. shall exist within the United
States. or any place subject to their jur-
isdiction.
1t cannot, however, be justly claim
ed that with a view to the enforcement
of this article OF the Constitution there
is at present any necessity for the eX-
ercise Of all the powers which this bill
confers. Slavery has been abolished,
and at present nowhere exists within
the jurisdiction Of the United States,
nor has there been, nor is itlikely there
will be any attempt to renew it by the
people or the States. If. however, any
such attempt shall be made, it will be-
come the duty Of the General Govern
ment to exercise any and all inciden-
tai powers necessary and proper to
maintain inviolate the great law OF
freedom.
The fourth section of the bill provides
that officers and agents Of the Freed
mems Bureau shall be empowered to
make arrests. and also that other Off
GERS may be specially commissioned for
that purpose by the President of the
United States. 1t also authorized Cir
cult Courts of the United States and
the Superior Courts Of the Territories,
to appoint, without limitation, com
missioners, who are to be charged with
the performance of quasi judicial du-
ties.
The fifth section empowers the COM
missiOners, so to be selected by the
courts, to appointin writing under their
hands, one or more suitable persons,
from time to time, to execute warrants
and other prosecutions desired by the
bill. These numerous official agents
are made to constitute a sort of police
in addition to the military, and are au-
thorized to summon posse cOnlitdtolS,
and even to call to their aid such por-
tions of the hnd and naval forces OF
the United States, or of the militia, as
may be necessary to the performance