The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1866-04-05

States. between citizens of the same
State. claiming lands under grants oi
different States. and between q State
or the cItisehs thereof and foreign
States. citizens or subjects. Here the
judicial power Of the the United States
is expressly set forth and defined. and
the act Of September 24t1, 1889. es.
tablishinR the Judicial Courts Of The
United States in comforting uIoh the
Federal Courts Jurisdiction over cases
!. originating in State tribunals, is care.
Iful TO copfine them 10 the Glasses emu.
metated m the above recited clause of
/ the Constitution. This section ofthe
I bin undoubtedly comprehends the ca
J, ses and authorizes The exercise ofpow.
ers that are not by the Constitution
within the Jurisdiction Of the
Courts Of The United .States. To
q transfer them to those Courts, 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 10 all of them. as we'll to
those that have as to those that have
not been engaged in the rebellion. q
II may be assumed that this author.
lily isincident to the power granted to
i Congress by the Constitution. az re.
Gently amended, to enforce by appro-
pirate legislation the article declaring
1 that neither slavery nor involuntary
servitude, except as a punishment for
crime whereof the party shall have
been duly convicted, shall exist in the
United States or any place subject 10
their Jurisdiction. It cannot. however.
! be- Justly cl6imed. that with q view TO
the enforcement Of this article Of the
4 Constitution there is at present any
necessity for the exercise Of all the
mowers which this hill confers Sla.
very has been abolished, and at pres.
ent nowhere exists within the iuris.
diction of the United States; nor has
there been, nor is it likely thero will
be, any attempt to revive it by thu
people of the States. Whenever any
such attempt shall be made it will then
become the duty of tho Gener al
Government to exercise any and all
powers necessary and proper 10 main.
tain inviolate this great constitutional
law of freedom. ~ ~ aa' .7 g
! The fourth section Of this bill pro-
vides that officers and agents of the
Freedmen's Bureau shall be empower
cd to make arrests, and that other of
ficers may be especially commissioned
for that purpose by the President OF
the United States. 1t also authorizes
Circuit Courts the United States and
Superior Courts of the Territories. TO
appoint, without limitation Commis.
sioners who are 10 be charged with
the performance of quasi judicial du.
ties. 1s.a ).
The fifth section empowers the Com
missioners to be selected by the Court,
TO appoint in writing, one or moro suit
able persons, from time 10 time, to ex-
ecute warrants and other processes de-
scribed by TIE bill. These numerous
official agents are made to constitute a
sort of police, in addition TO the mill
tary, and are authorized to summon q
posse comitatus, and even 10 call to
.heir aid slch portion of the land and
navil forces of the United States, or
OF the militia, as may be necessary to
the performance of the duty with
which they are charged.
This extraordinary power is to be
conferred upon agents irresponsible TO
the Government and to the people,
to whose number the discretion of the
Commissioner c is the only limit, and
in whose haads such authority may be
made terrible engine of wrong, op.
preston and fraud. The general stat
utes regulating the land and naval
forces of the United States. The militia.
and the execution of the laws. are be.
lieved to be adequate for any emerg-
ency which can occur in time of peace.
Ifit should prove otherwise, Congress-
can at any time amend those laws in
such a manner as, while subscribing
the public welfare, not to leopard the
rights, interests and liberties of the
people.
The seventh section provides that a
fee of ten dollars shall be paid to each
Commissioner c 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 Commissioner, with such