The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1866-04-17

q state and citizens OF another state between
citizens of different states between citizens
of the Same state claiming land under grants
of different states, and between 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 oath, 1859, estab-
lishng the judicial courts of the United states
in comforting upon the federal courts juris
diction over cases originating in state tribu
nails, Ia careful to confne them to the classes
enumerated in the above recited clause Of the
Constitution. This section of the bill un-
douNtedly comprehends cases and authorizes
the exercise Of powers that are not by the con-
stitutiou within the jurisdiction Of the courts
of the United States. Totrausfer 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
20 all Of them, a we'll to those that have not
been engaged in rebellion. 1t may be assumed
that this authority is incident to the power
granted to Congress by the Constitution, as
recently amended, to enforce by appropriate
legislation the article declaring that neither
slavery nor involuntary servitude, 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. 1t cannot, however, be justly
claimed that, with view TO the enforcement
pf this article Of the Constitution, there is at
present any necessity for the exercise of all the
powers which this bill coniers. Slavery has
been abolished and at present nowhere exists
within the jurisdiction ofthe United States nor
has there beeu, nor is it likely there will be
any attempt 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 exercise any and all
incidental powers necessary and proper TO
maintain inviolate this great law of freedom.
The fourth section of the bill provides that
officers and agents of the Freedmen's Bureau
shall be empowered to make arrests, and also
that other officers may be specially commits
stoned 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 quasij judicial
duties.
The fifth section empowers the commissioners
so to be selected by the court to appoint, in
writing one or more suitable persons, from
time to time, to execute warrants and other
processes desirable by the bill. These numer-
Gus official agents are made to constitute a
sort OF police in addition to the military, and
are authorized to summon a posse comitatus,
and even to call to their aid such portions of
the land and naval forces ofthe United States
or of the militia "as may be necessary to the
performance Of the duty with which they are
charged" This extraordinary power is to be
conferred upon agents irresponsible to the
government and to the people, to whose mum
Der the discretion Of the commissioners is the
only limit, and ia whose hands such authority
might be made a terrible engine of wrong,
oppression and fradd. 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 any
emergency which can occur in time OF peace.
If it should prove otherwise, Congress can at
any time amend those laws in such a manner
as, while subserving the public welfare not to
leopard the rights, interests and liberties of
the people.
The seventh section provides that fee of
ten dollars shall be paid to 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, with such other fees
as may be deemed reasonable by such COM
missioner 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 a con-
victiOn o, not, but in case of conviction they
are to be recovered from the defendant. 1t
seems TO me that under the influence of such
temptations bad men might convert any law,
however beneficial, into an instrument of per-
secution 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
Sbal aud District Attorney, and necessarily
with the erkIalthough he is not mentoned)
to any part of the district, upon the order of
the President and there hold q court for the
purpose of the more speedy arrest and trial of
persons charged with a violation of this act
and there the Judge and the officers of the
court must remain upon the order of the
President for the time therein designated
The ninth section authorizes the President
or such persons as he may empower for that
purpose, to employ such part of the militia as
shall be necessary to prevent the violation and
enforce the due execution of this act. This
language seems to imply permanent military
force, that is to be always on hand, whose
only business is to be the enforcement Of this
measure over the vast region where 1t is in
tended to operate.
do not propose to consider the policy of
this bill. to me, the details of the bill are
fraught with evil. The white race and black
race of the South have hitherto lived together
under the relation of master and save-cap-
ital owninglabo Now thatrelation is changed
and as to ownership, capital and labor are
divorced. They stand now each master afI
itself In this new relation; one being neces-
sary to the other, there will be a new adjust |
neRt, which both are deeply interested in !
making ksrmoniuS Each has equal power in /
settling the terms, and, if left to the laws
IDENTITY believed that they will satisfactorily |
work out the problem. Capital, iti true, has
more intelligence; but labor is never so ig-
nor&nt as not to understand its own interests
not to know its own value, and not to see that
capital must pay that value. This bill frus-
trates this adjustment Itintervenes between