Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1866-04-06

h,totOot 81 tiiat oNSt tfflS NuSt uOftlolIf vi
criminal Jurisprudence, provided by
each State for the protection of its own
citizens, and for the punishment of all
persons who violated its criminal laws,
Federal law, whenever it can be made
to apply, displaces State law.
The question here naturally arises
from what source Congress derives the
powerito transfer to Federal tribunals
certain classes of cases embraced in this
section2 The Constitution expressly
declares that the judicial power of the
United States shall extend to all cases
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 all
cases affecting ambassadors, or other
ministers, and consuls; to all cases of
admiralty and maritime jurisdiction to
controversies to which the United States
shall be a party; to controversies be-
tween two or more States; between a
State and a citizen of another State; be-
tween citizens of different States be-
tween citizens of the same State; claims
of land under grants of different States
and between 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 September
oath, 1889, establishing the judicial
courts of the United States, in confer
ring upon the Federal Courts jurisdic-
ton over cases originating in State tri-
bunals, is careful to confine them to the
classes enumerated in the above recited
clause of the Constitution. This section
of the bill undoubtedly comprehends
AL n.
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 well calculated to excite dis
trust and alarm OH the part of all the
States; for the bill applies alike to all
of them, as well to those that have, us
to those that have not been engaged i'm
the rebellion. 1t may be assumed that
this authority is incident to the power
granted to Congress by the Constitution
as recently amended, to enforce by APP
propriate legislation the article declar-
ing that neither slavery nor involunta-
ry servitude, except a. punishment
for crime, whereof the party shall have
been duly convicted, shall exist within
the United States or any place subject
to their jurisdiction. 1t cannot, howev-
er, be justly claimed that with view to
the enforcement of this article of the
Constitution, there is, ut present, any
necessity for the exercise of all the pow
ers which this bill confers. Slavery
has been abolished, and at present no.
where exists within the jurisdiction OF
the United States, nor has there been,
nor is 1t likely there will be, any at
tempts 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 Government to eX-
ercise any and all incidental powers
necessary and proper to maintain invi-
olate this Law of freedom. sa.a
The fourth section of the bill provides
that the 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, and the Superior Courts
of the Territories, to appoint, without
commissioners who are td
be charged with the performance OF
qudsi-judicial duties. a. +. r... ......
The fifth section empowers the com
missioners to be selected by the court
to appoint in writing one or more suit
able persons, from time to time, to exc
cute warrants, and other processes de
sirable by the bill. These numerous
official agents arc made to constitute O
sort of police, In addition to the militia
ry, and are authorized to summon q
posse comitdtus, 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-
IA, AT, 4, IA
are charged. This extraordinary power
is to be conferred upon agents, irrespon-
sible to the Government, and to the
people, to whose number the discretion
of the commissioners is the only limit,
and i'm whose hands such authority
might be made IA terrible engine of
oppression and fraud. The gen
eral statutes regulating the land and
naval forces of the United States, the
and the execution of the laws
are believed to he adequate for any
which can occur in time of
peace. If it should prove otherwise,
Congress can Mt any time amend those
laws in such manner as, while subserv-
ing the public welfare, will not leopard
ize the rights, interests and liberties of
the people.
The seventh section provides that a
fee of ten dollars shall be paid to each
in every case brought be-
fore him, and a 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 other
fees as may be deemed reasonable by
such commissioner in general, for per-
such other duties as may be
required in the premises. All these
fees are to be paid out Of the Treasury
Of the United States, whether there is q
or rnot; but IN case of con-
victiOn, they are to be recoverable from
the defendant. 1t seems to me that un-
der the influence of such temptations,
bad men might convert any law, how
ever benificent, into an instrument of
and fraud. f sH
BY the eighth section of the bill, the
United States Courts, which set only i'm
1ne place for white citizens, must mi
crate with the Marshal and District At
.orney, and necessarily with the Clerk,
although he is not mentioned, to any
part of the district, upon the oder Of
he President, and there hold court for
;he purpose Of the more speedy arrest
md trial of persons charged with q vi
,lation of this act, and there the Judge
md officers of the court must remain,
lpon order of the President, for the
line therein designated.
The ninth section authorizes the Pres
dent, or such person as he may en-
power for the purpose, to employ such
part of the land or naval forces Of the
United States, or Of the militia, as shall
De necessary to prevent the violation
Ind enforce the due execution of this
vet. This language seems to imply q
military force, that is to be
always at hand, and whose only busin-.
,ss is to be to enforce this measure over
he vast region where it Is intended to
operate. / do not propose to consider
he policy of this Bill. TO me the de-
ails of the bill are fraught with evil
The white race and the black race of
he So,lth have hitherto lived together
inder the relation of master and slave,
:apital owning labor. Now that rela-
ion is changed, and as to ownership,
,apital and labor are divorced. They
stand now each master of itself. In
his new relatian, one being necessary
20 the other, there will be new ad-
ustment, which both are deeply inter-
,sted in making harmonious. Each
las equal power i'm settling the terms,
md If left to the laws that regulate cap
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