Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1866-03-31

HoADNu W w NUb HuiNlVW VI tuo
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 aud changed by
State legislation, so for as the same is
not inconsistent with the constitution aud
laws of the United States, so that over this
vast domain criminal Jurisprudence provided
by each State for The protection OF its citi-
zens, and for the punishment of all persons
who violated its criminal laws, Federal law,
wherever it can be made TO apply, displaces
State law.
The question here naturally arises, from
wbst source Congress derives the power TO
transfer to Federal tribunals Ger tain elias
ses of eases embraced 10 this sectioa. The
Constitur ion expressly declares that the
judicial power of the United States shall
extend to all cases 10 law aud equity arising
under this Constit ition, the laws Of the
United States and treaties made, or which
shall be made under their authority; TO
all cases affecting ambassadors or other
public minister and consnls; to all cases Of
admiralty and maritime jurisdiction; to
controv ovetsies to which the United States
shall be q party to controversies between
two or more states, between a State and
citizens of another State, between citizens
of different States, between citizens Of
the same State; claims of land under grants
of different States and between a State or
the citizens thereof and foreign States,
citizens or subjects. Here the judicial
power Of the United States is expressly set
forth and defined, and the act Of Sep'ember
"a h, 1889, establishing the judicial courts
of the United States, in comforting upon
the federal courts jutisdic loo over cases
originating 10 State tribunals is careful TO
coufue them to the classes enumerated in
the above cited elanses of the Cons, ution
This section OF the bill undoubtedly com
pretended the cases and author 3 the eX
ercSe of powers that are not by the Con.
stiiution within the Jurisdiction of the courts
of the United States, and 10 transfer them
TO those courts. would he an exercise Of
aur urhority well calculated to excite distrust
and alarm on the part of all the S ates for
the bill apples alike to all of 'hem, as we'll
as those that have been engaged in the re-
bellion.
/, may be assumed that this authority Is
incident TO the power granted to Congress
by the Constitution as recently amended,
10 enforce by appropriate legislation the
article declaring that neither slavery nor
involuntary servitude, except as a punish.
ment for crime whereof the party shall
have been duly convicted, sbal EXIST
within the United States or any place sub
ject TO heir jnrisdiction Ii cannot, how
ever, be justly claimed that with view to
he enforcement of this article Of the
Constitution there is at present any ne
cessity TO exercise all The powers which
this bill couferS. Slavery has been
abolished, and at present nowhere exists
within the jurisdiction of the United States (;
nor has thers been, nor is it likely there
will be; any attempts to revive it by the
people Of the States. However, if any
such attempt shall be made, it will then
become the duty Of the general Govenrn.
ment to exercise any and all incidental
powers necessary and proper to mautaiu
inviolate this governmental law Of The
freedmen.
The 4,h section Of this bill provides that
officers aud agents of the Freedmen's 8
Bureau shall be empowered to make ar
rests aud also other officers may be
specially cor missioned for that purpose
by the President of the United States. 1t
also authorizes the Circuit Courts of the
iUnied States and Superior Courts of the
Territories to appoint, without limitation,
commissioners, who are TO be charged with
the performances of qu1s judicial duties.
fIhp ht n spntiOp M, ntpp prs % o'f1,a
to be selected by the court, appoint in
writing one or more persons from time 10
tin 10 execute warrants aud other pro.
cesSes desirable by the bill. These nune.
rous officials and agents are made to con-
stitute court of police in addition 10 the
military, and are authorized to summon a
posse cOmitatUS, aud even to call to their
aid such portions of the land ard naval
forces of the United States, or of the mill
tia, as may be necessary to the performance
OF the duty with which they are charged.
This extraordinary power is to be cnilfer
red upcn agents irresponsible to lhe Gov
erument and to .he people. and 10 whose
number the discretion Of the commissioners
is the only limit and in who hands such
auth rity might be IN ,de a terrible engine
of wrong, oppression aud 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 10
be adequate for any emergency which can
occur in time of peace, aud if it shoald
prove otherwise, Congress can at any time
ameud those laws 10 such mapuer as,
while subscribing to the public SeIfa e, not
TO leopard 70 the interests aud liberties OF
the people.
The 7h section proVies that fec of ten
dollars shall be paid TO each G mmissonsr
in every case brought before him, aud q
fee of FIVE dollars 10 bis deputy or deputies
for each person be or they may arrest add
take before such Commissioner, with such
other fees as may be deemed reasonable by
such Commissioner in general for perform
ing such othur duties as may be requi,ed
Of them in the premises. All these fees
are to be paid out of the Treasury of the
Uait cd States, whether there is a convic
tion or not, bat 10 case Of conviction they
are recoverable from the defendant. IL
seems to me that under the Influence of sach
ttmpatioDs, bad men might convert any
law, however benefcient, ,iuto an instrument