The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-04-05

PNAAOAi
those rights, that person should commit
a crime against the laws of the State.
murder, arson, rape, or any other crime,
all protection and punishment through
the laws of the State are taken away;
and he can only be tried and punished
in the Federal courts. How is the crimi-
nal to be tried? If the offence is pro-
vlded for and punished by Federal law,
that law, and not the State law is to
govern.
It is only when the oinc., uoes nut hop
pen 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 ssthe common
law, as modified and changed by State
legislation, $50 far as the same is not
inconsistent with the Constitution and
laws of the United States.' So that
over this vast domain Of criminal juris-
prudence provided by each State for the
protection of its own citizens, and for
the punishment Of all persons who Nio-
late 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 Federal tribunals
certain classes of cases embraced in this
section? The Constitution expressly
declares that the judicial power of the
United 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
eases affecting ambassadors, other pub
lie ministers and consuls to all cases of
admiralty and maritime jurisdiction
to controversies to which the United
%nto Oh, hn ptx ,fpnx
between two or more States, between a
State and citizens of another State, be-
tween citizens of different States, be-
tween citizens of the same State claim
ing land under grants of different States,
and between q State, or the citizens
thereof, and foreign States, citizens or
subjects"
Here the judicial power of the United
States is expressly set forth and defined,
and the act of September "a, 1889, estab-
fishing the judicial courts of the United
States, in comforting upon the Federal
courts jurisdiction over cases originating
in State tribunals, is careful to confne
them to the classes enumerated in the
above recited 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 these courts would be
an exercise Of authority we'll calculated
to excite distrust and alarm on the part
| of all the States, for tae bill applies alike
to all of them-as well as ose that
have as to those that have not been en-
gagged in rebellion.
1t may be assumed that this authority
is incident to the power granted to Con-
H. s<,,k,o
amended, to enforce, by appropriate leg
"neither slavery nor involuntary SER
vitude, 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 Jurisdiction" It cannot, how
ever, be justly claimed that, with a view
to the enforcement of this article of the
Constitution, there is, at present, any
necessity for the exercise OF all the pow
ers which this bill conters.
Slavery has been abolished, and at
present nowhere exists within the juris-
diction of the United States; nor has
there been, nor is it likely there will be
any attempt to revive it, by the people
tempt shall be made,it will then become
exercise any and all incidental powers
necessary and proper to maintain invio-
late this great constitutional law of free
dom.
The fourth section of the bill provides
that 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
purpose by the President of the United
States. 1t also authorizes Circuit Courts
of the United States and the Superior
Courts of the Territories to appoint,
without limitation, Commissioners who
are to be charged with the performance
of quayi judicial duties. The fifth Sec
ton 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 ex-
ecute warrants and other processes de-
scribed by the bill. These numerous Of
fetal agents are made to constitute a
} sort Of police,i in addition to the military,
} and are authorized to summon a posse
y conaitotus, and even to call to their aid
such portion of the land and naval forces
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