The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1866-04-05


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 be an exercise of authority well
calculated to excite distrust and alarm
on the part of all the States, for the bill
applies alike to all Of them--as well to
those that have as to those that have
not been engaged in rebellion
1t may be assumed that this authority
is incident to the power granted to Con-
crcss by the Constitution, as recently
amended, to enforce, by appropriate
legislation, the article declaring that
"neither slavery nor involuntary servi-
tude, 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 ju-
risdiction." 1t cannot, however, be
Justly claimed that, with view to the
enforcement of this article of the Con-
stitution, there is, at present, any neces.
sity for the exercise Of all the powers
which this bill confers.
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
or the States If, however, any such
attempt shall be made, it will then be-
come the duty of the General Govern
ment to exercise any and all incidental
powers necessary and proper to maintain
inyiolate this great constitutional law OF
freedom.
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
NAV be specially commissioned for that
purpose by the President of the United
States. 1t also authorizes Circuit Courts
of the United States aud the Superior
Courts of the Territories to appoint,
without limitation, Commissioners, who
are to be charged with the performance
of quasi judicial duties. The fifth sec
ton empowers the commissioners, 40 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
described by the bill. These numerous
official agents arc made to constitute n
sort of police, in addition to the militia
nv. and are authorized 10 summon n
posse coDtitdt,,s, and even to call to their
aid such portion Of the land and naval
forces Of the United States, or Of the
militia, las may be necessary to the per.
formances Of the duty with which they
are charged" This extraordinary power
is to be conferred upon agents irrcspon.
bic TO the Government aud to the poo
pie, TO whose number the discretion Of
the commissioners is the only limit, and
in whose hands such authority might be
made a terrible engine Of wrong, oppres-
sion, and 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 Fit should
prove otherwise, Congress can at any
time amend those laws in such manner
as, while subscribing the public welfare
not to leopard the rights, interests, and
liberties of the people
The seventh section provides that a
fee Of ten dollars shall be paid TO each
Commissioner in every case brought be-
fore him, and fec 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 deemed reasonable by
such Commissioner in general for
performing 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 con
viction, they are TO be recoverable from
the defendant. IL seems TO me that
under the influence Of such temptations
bad men might convert any law, how.
ever bcncfccut, into an instrument OF
persecution and fraud
BY the eighth section Of the bill the
United States Courts, which sit only in
one place for white citizens must mi
CRATE, with the Marshal and District
Attorney, (and necessarily with the
Clerk, although he is not mcntioned) },
to any part of the District, upon the
order Of the President, and there hold a
court for the purpose ofthcmorc speedy
arrest and trial Of persons charged with
violation of this Act;' aud there the
Judge and the officers Of the court must
remain, upon the order Of the President.
'for the time therein designated
The ninth lction authorizes the Pres.
ident, or such person as he may empower
for that purpose, "to employ such part
of the land and naval forces Of the
United States, or Of the militia, as shall
be necessary TO prevent the violation
and enforce the due execution Of this
act" This language seems to imply a
permanent military force, that is to be
always at hand, and whose only business
is TO be the enforcement Of this measure
over the vast region where it is intended
to operate.
do not propose to consider the poll
cy 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 aud slaye-capital
owning labor Now suddenly that re.
lation is changed, and as to ownership
capital and labor are divorced. They