The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-03-29


of the same State claiming land under grants
of different States, and between a State, or
the citizens thereof, and foreign States, citi-
Zens, or subjects
is expressly set forth and defined and the &C,
of September "a, 1859, establishing the judicial
courts Of the United States, in comforting upon
the Federal courts jurisdiction over cases origi-
mating in State tribunals is careful to conliue
them TO the classes enumerated in the above
recitod clause of the Constitution. This section
of the bill undoubtedly comprehends cases and
authorizes the exercise Of powers that are not,
by the Constitution, within the jurisdiction of
the courts of the United States. To transfer
them to those courts would he an exercise of
authority well calculated TO excite dis trust and
alarm on the part of all the States for the bill
applies alike 10 all of them, rs well as TO those
that have rs to those that have not been en-
gagged in rebellion.
1t may be assumed that this authority is in
cident TO the power granted 10 Congress by
the Constitution, rs recently amended, to en-
force, by appropriate legislation, the article
declaring that "neither slavery nor inyOlnn-
tary scrvitude, except rs 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, however, be justly claimed that, with
n view to the enforcement of this article of the
Constitution, there is Il present any necessity
for the exercise Of all the powers which this
bill confers.
slavery mas Dpen aDOllSned, ana At present
nowhere exists within the jurisdiction of the
United States nor has there been, nor is it
likely there Will be, any attempt to revive it
by the people or the States. If, however, any
such attempt shall be made, it will then be-
come the duty Of the General Government 10
exercise any and all Incidental powers neces-
sary and proper 10 maintain inyiolate this
great constitutional law of freedom.
The fourth section of the bill provides that
officers and agents of the Freedmen's Bureau
Sha ~ pmnDuvprpl
also that other officers may be specially COM
missioned for that purpose by the President OF
the United States. II also authorizes circuit
courts of the United States and the superior
courta of the Territories to appoint. without
limitation, commissioners, who are 10 be
charged with the performance Of quasi Judi
cial duties. The fifth section empowers the
commissioners so to be selected by the courts
to appoint, in writing under their hands, one
or more suitable persons, from time TO time,
to execute warrants and other processes de-
scrbed by the bill. These numerous Official
agents are made 10 constitute sort OF police,
in addition TO the military, and are authorized
to summon 4 posse c0DtitttuS, and even 10 call
TO their aid such portion Of the land and naval
forces of the United States, or of the militia,
Gas may be necessary TO the performance OF
the duty with which they are charged This
extraordinary power Is 10 be conferred upon
agents irrcS ponsible TO the Government and
to the people, 10 whose number the discretion
of the cOmmiSSi toner's il the only limit, ana III
whose hands SUCH autHOflly might DC maze II
terrible engine of wrong, oppression, ana
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 every emergency
which can occur in time of peace. If 1t should
prove otherwise Congress can, al any time
amend those laws in such manner rs, while
the public welfare, not to leopard
iZe the rights, interests, and liberties OF the
people.
H., III lpt a fee
ten dollars shall be paid 10 each commissioner
in every case brought before him, and fee of
five dollars TO his deputy or deputies for
each person he or they may arrest and take
before any such commissioner, win such
other fees as may be deemed reasonable by
such commissioner, - - in general for perform
ing 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 conviction or not;
but in case of conviction, they are TO be re-
coverabe from the defendant. 1t seems 10
me that under the influence OF such tempta'
tions, bad men might convert any law, how
ever benciiCent, into an instrument OF perSe-
CutiOn and fraud.
BY the eighth section of the bill, the United
States Courts, which sit only in one place for
white citizens, must migrate, with the mar
shall aud district attorney, ANA necessarily
with the clerk, although he Is not mcntIoned,)
to any part of the district, upon the order OF
the President, aud there hold court - FOR the
purpose Of The more speedy arrest ana llal OF
persons charged with violation of this act
and there the judge and the officers OF the
court must remain, upon the OrGcr OF the IRE
Sident, for the time therein designated.
The ninth section authorizes the President,
or such person as he may empower LOT tlilt
purpose, " to employ such part OF the lanq ana
naval forces of the United States, or OF the
militia. as shall be necessary to prevent the
violation and enforce the due execution OF thlS
act" This language seems to imply perma-
nent military force, that IS TO be always NJ
hand and whose only business is 10 be the en-
fOrcement of this measure over the vast region
where it is intended to operate.
do not propose 10 consider the policy OF
this bill To me, the details of the bill seem
fraught with evil. The white race and the
black race of the South have hitherto lived
together under the relation of master and
owning labor. Now suddenly
that rela lion is changed, ana as TO ownership,
capital and labor are divorced. they stand
now each master of itself. In this new rela-
ton, one being necessary 10 the olher, thele
will be a new adjustment which both are
deeply interested in making harmonious. Eacn
has equal power i'll settling the terms, ana IL
left TO the laws that regula e capital ana laDor,
it is confidently believed that they VIII sat's-
factorly work ont the problem. Capital, IL Is
true has more intelligence but labor Is never
so ignorant as not to understand It's own me
rests, not To know its own value, ana MOI 10
see that capital must pay that value. Inns
between capital and labor, and attempts 10
settle questions of political economy thronsh
the agency of numerous officials, whose lhte-
rest it will be TO foment discord between the
two races for as the breach Wldens, their EN-,
ployment will continue, and when 1t Is closed
their occupation will terminate.
In all our history, in all our experience rs
people living under Federal and State law, no
such system as that contemplated by the de-
tails of this bill has ever before been proposed
or adopted. They establish for the security OF
the colored race safeguards which 60 infinitely
beyond any that the General Government mas
ever provided for the white race. In fact the
dis tinction of race and color is, by the bill,
made to operate in favor OF the colored,
and against the while race. Ihey inter
fere with the municipal legislation OF the
States, with the relations existing exclusively
between State and its citizens, or between
the inhabitants of the same State, IN the ap-
sorption and assumption of power by the
General Government, which, II acquiesced
in, must sap and destroy our federatlve
system of limited powers, and break
down the barriers which preserve the
rights of the States. 1t is another step,
or rather stride, towards cen traliZatioh
and the concentration of all legislative power
in the National Government. The tendency