Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1866-04-07

decision, and converts the state Judge
into n mere ministerial officer, bound
to decide according to the wills of Con-
gress.
It is clenr that in states which. deny
To ,Dersons whose rights are secured by
tbe first section of the bill, any one of
these rights, all criminal and civil cases
affecting them will, by the provisions OF
tie third section, come under the execu s
tive cognizance of thefederal tribunals,
il follows that any state which denies to
a colored person any one OF all these
rights, and that person should commit
crime against the laws of state-mur-
der or any other crime-all protection
or punishment 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 tired
if the offence is provided for and pun
iahed by federal law? That law and
not the state law is to govern 1T, and
only when che offence does not happen
to be within the purview of federal law
that the federal courts are TO try, and
punish him under any other law, then
resort is to be had to the common law,
as modified and changed by state iegis-
lation, so far as the same is not incon-
sistent with the constitution and laws of
the United States, so that over this vast
domain of criminal jurisprudence pro-
vided by each state for the protection
of its own citizens, and for the punish
ment of all persons who violate its
criminal law, federal law, wherever 1T
can be made to apply, displaces. state
law. The question here naturally arises,
from, what source Congress derives the
power to transfer to federal tribunals
certain classes of cases embraced In this
section The Constitution expressly de-
clares that the Judicial power of the Uni
| ted 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
public ministers and consuls to all cases
of admiralty and maritime jurisdiction
| to controversies which the United
| States shall be a party, to controversies
between two or more states, between d
state and citizens 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 a state or the citizens
thereof, and foreign states, citizens or
4 subjects. Here the Judiciary power of
the United States is expressly set forth
and defined, and the act of September
"a, 1889, establishing the Judicial
courts of the United States, in confer
ring upon the federal courts JurisdIc-
ton over cases originating IN state
tribunals, is careful to confine them to
classes enumerated in the above recIted
lclause of the constitution. This Sec
ton of the bill undoubtedly compre-
hended cases, and authorizes the
exercise of powers that are not by the
constitution within the jurisdiction Of
the courts of the United States. TIC
transfer them to those courts would be
an exercise of authority we'll calculated
to excite distrust and alarm on the
part of all the states, for the bill applies
alike to all of them as well as those WHO
have not been in 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 appropriate legislation, the
article declaring that neither slavery
nor involuntary seryitude, except as a
punishment for crime, whereof the
party shall have been duly convicted,
shall exist within the United States or
any place subjectito their Jurisdiction.
It cannot, however, be justly claimed
that with view to the enforcement OF
this article of the Constitution, there
is at present any necessity for the exer-
else of all the powers which this bill
confers. Slavery has been abolished,
and for the present nowhere exists with
in the jurisdiction of the United States,
nor has there been, nor is there likely
| to be, any attempt to revive 1t by the
people of the states. Whenever any
such attempt shall be made, it will be-
come the duty of the general govern
ment to exercise any and all incidental
powers III cessary and proper to main
tain inviolate the government laws, of
the freedmen.
The 4th section of the bill provides
that oflioers and agents of the Freed
mems Bureau shall be empowered to
make arrests, and also that other officers
may be specially commissioned for that
purpose by the President of the United
States. 1t also authorizes circuits of
the United States, and superior courts
of the territories to appoint, without
limitation, commissioners who are to be
charged with quasi judicial duties. 81
The 9Th section empowers the COM
missioners to be selected by the courts,
to appoint in writing one or more suit
able persons from time to time, to exc
cute the warrants and other processes
desirable. BY the bill these numerous
officials and agents are made to consti-
tute sort of police, in addition to the
military and are authorized to sum-
mons posse !, cOpaznitdtus, and even to
call to their aid such portions of the
land and naval forces of the u. s., or of
the militia, as may be necessary to the
performance of the duty with which
they may be charged. This extraordi-
nary power is to be conferred upon
agents irresponsible to the government
or the people, and to whose number
the description of the commissioners is
the. only fnnts and In whose hands such
authority might be made terrible en-
gines 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 a manner as, while subserv-
ing the public welfare, not TO leopard
the rights. interests and liberties of the