North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1866-04-18

! shall be made under their authority to all
cases affecting ambassadors, other public
ministers, and consuls to all cases of ad-
milality and maritime jurisdiction to con-
! troversies to which the United States shall
be party; to controversies between two
or more States; between State and citi-
zens of another State between citizens of
the same State claiming land under grants
of differmt States; and between a State,
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 l4th, 1889, es-
tabIishing the Judicial courts of the United
States, in comforting upon the Federal
| courts jurisdiction over casts originating in
State tribunals, is eful to confine them
to the classes enumerated in the above-re-
cited clause of the Constitution. This sec
ton 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 f. transfer them to these courts
wonld be an exercise of authority well cal
culated to excite distrust and alarm on the
part of all tie States, for the bill applies
alike to all of them, as we'll to those that
have As to those that have not been engaged
in rebellion. 1t may be assumed that this au
thoritv is incident TO the power granted to
Congress by The Constitution, as recently
amended, to enforce, by appropriate legis-
lat:on, the article declaring that neither sla
very nor involuntary servtude, except as
a punishment for crime, whereof the party
shall have been duly convicted, shall exist
within the United States, or any place sub
ject 10 their jurisdiction.
1t cannot, however, be Justly claimed
that with a view 10 the en- forcement of this
Constitution, there is at present any neces-
sity for the exercise of AL the powers which
this bill confers. Slavery has been abolish
ed, and 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 renew it by the people
or the States. If, however, ary such at
tempt shall be made, it will become the du-
ty of the General Government to exercise
any and all incidental powers necessary
and proper to maintain inviolate the great
law of freedom.
OFFICERS.
The fourth section of the bill provides.
that officers and agents of the Freedmen's
Bureau shall be empowered to make ar
rests and also that other officers may be
especially commissioned for that purpose
BY the President OF the United States. T.
also authorizes, circuit courts of the United
States and the superior courts of the Ter
ritories, to appoint, without limitation, COM
mis>oners who are to be charged with the
performance of quasi judicial duties.
The fifth section empowers the commits
soners 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 prosecutions |
desired bv the bill These numerous off |
cial agents are made to constitute a set of |
police iu addition to the military, and are
authorized to summons posse comnitatus, |
and even to call to their aid such portions
of the land and naval forces of the United |
States or of the militia, as may be neces-
sary to the performance of the duty with /
which they are charged. This extraordi- |
nary power to the Government, and to the |
officers whose number the discretion ofthe
commissioners is the only limit and in
whose hands such authority might be made |
a terrible engine of wrong, oppression and
fraud. !
OUR LAND AND NAVAL FORCES.
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 to every emergency |
which can occnr in time of peace. IF it |
should prove otherwise Congress can at |
any time amend these laws in such man.
ner as, while subserving the public welfare,
net to jeopardize the rights, interests and
liberties of the people.
FEES.
The seventh section provides that fee
of ten dollars shall be paid to each commits
siener in every case brought before him. |
and fec of five dollars to his deputy or
deputies for each person he or they may
arrest and take before any such commits
sioner in general for performing such 9th
er duties as may be required in the premi-
ses AL! these fees are to be paid out of
the Treasury of the Uritcd States, wheth-
er there is a conviction or not; but in
case of a conviction they are to be recover
able from the defendant. 1t seems to me
that under the influence of such temptation
bad men might convert any law however
benefi ial,into an instrument of persecution
and fraud.
MIGRATION OF OFFICERS.
BY the eight section of the bill, the Uni
ted States Courts. which sit only in one
place for white citizens, must migrate, the
marshal and district attorney, and neces-
sarily the clerk, although he is not men
toned, to any part of the district, upon
tho ordar of the President and there hold