The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1866-04-04

and oitilcne Of another State; between fiti
/ xsne OF different States between oitizeus o.
| the same State claiming land under grants
\ OF different Mates and between GBtate, OF
the citizens thereof, and foreign States, citi
Gems, or subjects. Here the judicisl power
Of the United States IL expressly SCI forth
and defined, and the net Of Sept. ~, 1889
establishing the judicial courts Of the United
States, in comforting upon the Fedora
Courts jurisdiction over cases originating II
State tribunals, Is careful to confine them
| to the classes enumerated in the above re.
cited clause Of the Constitution This sec.
ton of the bill undoubtedly comprehend
cases and authorizes the exercise of powers
that arc 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 cal
culated to excite distrust and alarm on tie
part Of all the States, for the bill applies
alike to all Of them, rs well to those that
have not been engaged in rebellion. Itmay
be assumed that this authority is intended
70 the power granted to Congress by the
Constitution, as recently amended, to en-
force by appropriate legislation, the article
declaring that neither slavery nor involun-
tary servitude, except as a punishment for
crime whereof the party shall have been
duly convicted, shall exist within the United
States or any place subject to their jurisdic-
ton. it cannot, however, be justly claimed
hat with view to the enforcement Of this
article Of the Constitution, there is at pre-
sent any necessity for the exercise 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 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 be-
come the duty Of the General Goyernment
to exercise any and all incidental powers
necessary and proper to maintain inviolate
this Government law of the freedmen.
The fourth section of this bill provides
that officers and agents Of the Freedman's
Bureau shall be empowered to make ar
rests, and also that other officers may be
specially commissioned for that purpose by
the President of the United States. 1t
also authorizes Circuit Courts of the United
States, and the Supreme COURTS of the Ter
ritories, to appoint, without Limitation,
commissioners who are to be charged with
the performance Of quasi judicial duties.
The fifth section empowers the Commits
sioners to be selected by the Court to APP
point in writing one or more suitable per-
sons from time to time to execute warrants
aud other processes provided for by the
bill. These numerous officials and agents
are made to constitute sort Of police in
addition to the military, and are authorized
to summon posse comstatus, and even to
call to their aid such portion Of the land
and naval forces Of the United States or of
the militia as may be necessary to the per-
Torrance Of the duty with which they are
charged. This extraordinary power is to
be conferred upon agents irresponsible to
the Government or to the people, to whose
number the discretion of the Commission
ers is the only limit, and in whose hands
such authority might be made terrible
engine Of wrong. oppression and fraud.
The general 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 any emergency
which can occur in time of peace. If it
should prove otherwise, Congress can at
any time amend those laws in such manner
az, while subscribing the public welfare, not
to jeopardize the rights, interests, and lib
critics Of the people. 6
The seventh section provides that fee
of $40 shall be paid to each Commissioner
:. :ssss.s case brought before him, and fee
person he or they may Sr Arrest iafnd fake be-
fore any such Commissioners, with such
other fees as may be deemed reasonable BY
such Commissioner in General, for perform
ing such other dulles as may be required IN
the premises sAll these fees are to be paid
out of the Treasury Of the United States,
whether there il conviction or not; but
in case of conviction they are to be recov-
cradle from the defendant. 1t seems to me
that under the influence of such temptations
bad men might convert any law, however
beneficial, into an instrument of persecu-
ton and fraud h
By the eighth section Of the bill the
United States courts, which Sit only in one
place For white citizens, must migrate with
the Marshal and District Attorney, and
necessarily with the clerk, although he is
not mentioned, any part of the district upon
the order Of the President, and they shsll
hold court for the purpose Of the more
speedy arrest and trial Of persons charged
with q violation Of this act, and there the
Judge and officers of the Court must remain
upon the order Of the President for the
time therein designated.
The ninth section authorizes the Presi
dent, or such person. MS no may empower
for the purpose, to employ such part Of the
land or naval forces Of the United States,
or Of the militia, as shall be necessary to
prevent the violation and enforce the due
execution of this act. This language seems
to imply permanent military force, that is
to be always at hand, and whose only bust
ness is to be the enforcement of this meas
ure over the vast region where it is intend
cd to operate. nH
do not propose to consider the policy of
this bill. To me the details of the bill are
fraught with evil. The white race and
black race Of the South have hitherto lived
together under the relation of master and
slave, capital owning labor. Now that re-
lation is changed, and as to ownership,
capital and labor arso divorced. They
stand now each master, for himself. In this
relation, one being necessary to the other,
there will bea new adjustment, which both
are deeply interested in making harmonious.
Each has equal power in settling the terms,
and if left to the laws that regulate capital
and labor, It is confidentially believed they
will satisfactorily work out the problem.
Capital, it is true, has more intelligence,
but labor is never 50 ignorant as not to un-
derstand its own interests, not to know its
own value, and not to see that capital must
pay that value. This bill illustrates this
adjustment. Itiintervencs between capital
and labor, and attempts to settle questions
of political economy through the agency Of
numerous officials whose interest it will be
for as thcsbreaSh widens thcir employment
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