The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1866-04-04

teu states snail pc o party; 10 c0ntr0ver
sizes between two or more States between
State and citizen of another State; be
tween citizens'of 5iffefcnt' States; when
citizens Of the same State claim land un
der grants of different States and betweer
a State and citizens thereof and foreigr
States, citizens or subjects. Here tht
Judicial power of the United States is &c
forth and defined and the act ofSAptem
ber r24th, 1889, establishing the judicial
courts of the United States ip conferrinp
upon the federal courts jurisdiction ovel
cases originating in the State tribunals
is careful to confne them to classes emu,
merated in the above recited clause oi
the Constitution. This section of the
bill undoubtedly comprehends cases and
authorizes the exercise Of power that are
not by the Constitution within the juris.
diction OF the courts of the United States.
To transfer them to those Courts would
be an exercise Of authority calculated to
excite distrust and alarm on the part Of
all the States, for the bill applies alike to
all of them, as we'll as to those that have
as to those have not been engaged in re-
belliop. Al, 1t may be assumed that this
authority is incident to the power gran
ted to Congress by the Constitution as re-
Gently amended, to enforce by uppropri.
ate legislation the article declaring that
neither slavery nor involuntary serpitude,
except as a.punishmentfor crime whereof
the party shall have been duly convicted,
shall exist within the United States or
any other place subject to the jurisdic-
ton. 1t cannot, y however, be justify
claimed that with . view to the enforce
ment Of this article of the Constitution
there is at present any necessity for the
exercise Of the powersd which this Pill
ccnfers. Slavery has been abolished! and
at present nowhere exists within the
jurisdiction of the United States, norhas
there been, nor is it likely there will be,
any attempts TO- revive it.byrtbe people
OF the States. Whenever any such at
tempt shall be made twill then become
the duty of the General Government to
exescise any and all incidental powers
necessary and proper to maintain in,
violats this provision of the Copstitu-
tion. ga. Nh .n r,-,,ss, b.e.sa..
The fourth section of this. billrprovides
that the officers and agents of the Freed
men's Bureau sh all bc empowered to
make arrests, and also ether officers may
be specially commissioned for that pur-
pose by the President of the United
States 1t also authorizes Circuit Courts
of the United States and Superior Courts
of the Territories to appoint. without
Limitation, Commissioners who are to be
charged with the performance Of quasi
judicial duties. The tifth section empow-
ers the Commissioners who are to be Sc
ected by the Court to appoint, in writing,
one or more persons, from time to time,
to execute warrants and other processes
desirable. By the bill these numerous
officials are to constitute courts of police
in addition to the military, and are au.
thorized to summon posse colnitatus,
and even to call to their aid such portion
Of the land and naval forces Of the Uni
ted States or of the militia as may be
necessary to the performance Of the duty
with which they are charged. This ex-
traordinary power is to be conferred up
on agents irresponsible to the Govern.
ment, andto the people, to whose number
the discretion of the Commissioners is
the only limit, and in whose hand such
might be made terrible en-
gine Of wrong, oppression and fraud u
The general statutes regulating the land
aud naval forces Of the, United States
the militia, and the execution Of the laws
are believed to be adequate for any
emergency which can cccur in the time
of peace, IF it can prove otherwise, Con
grass can at any time amend those laws
in such a manner as, while subserving
the public welfare, not to jeopmdize the
the interests and liberties Of the people.
The seventh section provides that q
fee Of ten dollars shall be paid to each
Commissioner in every case brought be-
fore hir, 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 reasonable by such Commissioner
for performing such other duties as may
be required in the premises, All these
fees are to be paid outof the Treasury OF
The United States, whether there isa
conviction or not, but in case Of
conviction they are recoverable from the
defendant II saems 10 me that under
tho influence Of such temptations bad
men hight convert any law however ben
sHcent into an tiustrumentof persecution
md fraud. s,ioi2 b1.uJ adi To lasb
Blythe eighth section Of the bill the
q. S. Courts which sit only in one place,
must migrate with the Marshal and Dis
riot ,Attofney, and necessarily with the
CiefE, aith0Sgh he is not mentioned, 10
my part of the District, upon the order
IF the President, and there hold o Court
for the persons charged with . iviolation
IF tbis not; and the Judge and officers of
he Court must remain upon order Of the
PresdentIfegthe time therein dosigoa-
tedsiGl pdi alals9l o. ailGassii 81 aosad6t
The ninth section authorizes the Presi-I
dent, or auyoperson ho may empower for
that purposSSlt ito employ such part ofthe
land or nayal forces ofths United States,I
orro The militia, sAs shall be necessary To
prevent violation and snforcc the due ex.
ocution ofthisaet. x The language seems
apernaneht militaryiforee, that
istoBs-alwa5s at hand, and whose only
brG IenmDH ,alevsin "svO,ipN,n'ai iifu
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