The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-04-05

| then recourse "a 10 u, .- .'# ss@ 81.
az modified and changed by Stale ,,
:" far as the same is not Inconsistent swith the
Constitution and iaws Of the United 81 ates, so
mat hls yasi domain OF crimina, Jurisprudence
provided by each STATE tor the protection OF its
own citizens ana tor the punt hment of AT Der.
sons VINO violate its criminal laws, the Federal
law, wherever II can be made to apply, displa,
ces State law. r. ....r.. e.t.-.- tsl.-'
The question here naturally arises from what
source Congress derives The power to transier
TO Federal tribunals certain classes of cases en-
bTaced in this section. The Constitution AK
pressly declares that "jud.cial power of the
United States shall extend TO all cases in law and
equity arising under this Constitution the laws
OF the UGifed Srate-, treaties made or which
shall be made under his authority, to all cases
affecting ambassadors or other iublc Minis ters
and OonsulS, To ali cases of admiralty add mari
time jurisdiction; to all controversies to which
the United States shall be n party to oOntro.
versies between two Or more St6iee, between a
Slae and cluzen of another State between cit-
lZens # d Herent STA les, between citizens or the
same State, criminals under grams of different
Slater, aud between a State or the citizen there
OF ana foreign STATES and citizens or subjects
thereof" the judicial power OF the United
States Is expressly set forth aud defined, and
he act Of September % 1889, ESTABLISHING tie
JIdielai courts OF the United Srsres, IN conter-
ring upon the Federal courts Jurisdiction over
cases originating in State Tribunals, IL careful
above reci:ed clause OF the Con-titution
This section OF the bill undoubtedly compre-
nerds cases and authorizes the exercise of pow
ers mat are not BY the constitution within the
jurisdiction OF of the courts OF the United States
10 iri nser them 10 there GOUrts would be an
exercise of authority we'll calculated TO excite
dlsfrust and alarm on the part of ali the States
for the bill applies alike to all of Them as well
to those that have ae 70 those who have no,
been In rebellion. T. may be assumed that his
horIf 10 Irni al,
gress by the constitution recently amended
TO enforce, by appropriate legislation, the arti-
Gle declaring that neither slavery nor iuvolun-
tary servltude except as punishment for crime
whereof the party shall have been duly convict
ed, shall exist within the United States ar any
place subject to their jurisdiction. 1t Cannon
however, be ju fly claimed that with a view 10
an enforcement OF thi- article OF the Constitution
there Is al present any necessity for the exercise
oI all the p I~ers which this bill confers Slavery
has bsen abolished and at present nowhere ex-
lists within the jurisdiction of the United States,
nor has there been, nor is it likely there
will be, any stiempis to revive it by The people
Ot the Sfates. VI henever any such attempts
shall be made, it will then become the duty of
the General Gpvernment to exercise any and ali
int deutal powers necessary and proper to main
tain lnViuldte this GpVeG nmenI and protect the
freedmen.
The 4th section of the bill provides til at off,
cers and sgeats OF the Freedmen Bureau shall
Oe empowered Ih make arrests, ara also that
oflc ers may be specially comm ssioned tor that
purpose by the President of the United States
1t also authorizes the circuit courts of the Unit
ed States and the superior courts of the Terri
cries TO appoint without limitation, commissions
ers who ate to be charged with the performance
Of quasi Judicial d ute. The 9th section empow-
me comm issioLers to be selected by the
court to appoint In writing more suita-
Die persons from time TO uIme, to execute war;
ants and other processes made desirable by
the bill The numerous officers and agents are
made to constltatea sort Of police IN addition
tn to the military and aye authorized to summon |
II posse conttatus, and even 10 calFto their aid |
such p rilon et The land and naval forces of the
Unifed States or the militia, as may be necessa-
.ry to the performances of the duty With which |
they are charged. This extraordinary power 10
TO be conferred upon agents irresponsible 10
government or t. ttfe people, to whose number
the discretion Of the commissioner 10 the only
limit in whose hands such authority might be
made a terrioie engine of wrong oppression and
fraud The general statutes regulating the land
ard nav 81 torces Of the United States .ibe mi-
lf1ia aud the execesioD' of The laws are Believed
TO, be adequate ror apY emergency which. can oe-
cur in time az peace If it should prove Others
WISE Congress can at any tine afnerd those
laws in such q mauRer as, while subscribing the
the public welfare, not 10 leopard izs the rights
and lnteTes;s Of the people ~Haasr
The 7th section provides that fee OF $40
nall be paid each commissioner in every case