Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1866-04-04

for the punishment of all persons who Vi
olatc its criminal laws, Federal law,
wherever it can be made to apply, dis
places State law.
The question here naturally arises,
from what source Congress derives the
power to transfer to the Federal tribunals
certain classes of cases embraced in this
section? The Constitution expressly de-
clares that "the judicial power of the
United States shall extend to all cases in
law and equity arising under this Consti-
tuition, the laws of the United States and
treaties made, or which shall te made,
under their authority to all cases affect
ing Ambassadors and other public Minis
ters and Consuls; to all cases of Admi-
rally and Maritime jurisdiction; to con-
troversies to which the United States
shall be party; to controversies between
two or more States, between State and
citizens of another State; between cit.
izens of different States; between cit
liens of the same State claiming land
under grants of a. different State, or
the citizens thereof and foreign States
citizen OF subjects" Here the judicial
power of the United States expressly set
forth and defined, and the act of Septem-
Der %, 1889, establishing the Judicial
courts of the United States, in conferring
upon the Federal Courts jurisdiction over
cases originating in State tribunals, is
careful to confne them to the classes emu
merated in the above recited clause of the
Constitution. The section of the bill un-
doudtedly comprehends cases and author
ICES the exercise of powers that are not
by the Constitution within the jurisdic-
tion of the United States. To transfer
them to those Courts would be an exer-
else Of authority we'll calculated to ex-
ercise 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 that have not been engaged in
the rebellion. 1t may be assured that
this authority is incident to the power
granted to Congress by the Constitution
as recently amended, to enforce by appro-
pirate legislation the article declaring
that neither slavery nor involuntary SER
vice, except as punishment for crime,
whereof the party shall have been duly
convicted. shall exist within the United
States or any place subject to their juris-
diction,
1t cannot, however, be justly claimed
that with a view to the enforcement Of
this article of the Constitution there is al
present any necessity for the exercise of
all the powers which this bill confers
Slavery has been abolished and at pres
ent nowhere exists within the jurisdic.
tion of the United States, nor has there
been, nor is it likely there will be any at.
tempt to revive it by the people of any
State. If, however. any such attempt
shall be made, it will then become the
duty of the General Government to exer.
else any and all incidental powers neces.
sary and proper to maintain inyiolaie this
great law Of freedom.
The fourth section Of the hill provides
that the officers and agents of the Freed
mems Bureau shall be empowered to make
arrests, and also that other 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 the Superior Courts ot
the Territories to appoint without limita
tion Commissioners, who are to be charg-
ed with the performance of quasi Judicial
duties.
The fifth section empowers the commits
sioners so to be selected by the court tc
appoint in writing one or more suitable
persons from time to time, execute war
rants and other processes desirable by
the bill. These numerous official agents
are made to constitute sort of police, in
addition to the military, and are author.
lied to summon a pose comstatus. and
even call to their aid such portion of th'
land and naval forces of the United State'
or of the militia, as may be necessary Il
the performance of the duty with which
they are charged. This extraordinary
power is to be conferred upon agents ire
sponsible to the Government and to th'
people, to whose number the discretion o
the Commissioner is the only limit, ant
, in whose hands such authority might b.
made terrible engine Of wrong, oppres
sion and fraud. The general statutes
regulating the land and naval forces o
the United States, the militia, and tn
execution of the laws, are believed to b
adequate for any emergency which cal
occur in time Of peace. If it shou''
prove otherwise, Congress can at any tim
amend those laws in such manner as
while subserving the public welfare, will
! not jeopardi1e the rights, interests AM
liberties Of the people. .''' h
, The seventh section provides that fe
, of $40 shall be paid to each Commission
, er in every case brought before him. an'
fee of $5 to his deputy or deputies 70
, each person he or they may arrest an
, take before apy such Commissioner, wit