Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1866-04-06

and imprisonment. I DO not apprehend tha
the conflicting legislation which the bill SEEM
70 contemplate is so likely to occur as to rendel
It necessary at this time to adopt measure o.
such doubtful constituiionallty In the mex
place, this provision Of the bill seems to be un-
necessary, as adequate judicial remedies could
be adopted 70 secure the desired end without in
yading the immuuites ef legislators, alFay.
Important to be preserved IN the interest Of
public peace and order. II is clear that in
States which deny to persons whose rights are
secured by the frst section of the bill any u
those rights. all civil and criminal cases Affect
ing them will, by the provisions Of the third
sec ion, come under the exclusive eoguizance o.
the federal tribunals. 1t fol ows that if, in any
State which denies 10 a colored peTs5h any one
Of all those rights, that person should commit a
crime agains. tie laws OF a State murder arson
rape or any other crime-all protection aud
! punishment through the courts Of the State are
| taken away, and he can onl, be tried and pun
ished IN the federal courts. How is the criminal
10 be riel If the offence is provided tor and
| punished by federal law ? That law, and not
the State law, il 10 govern Il i only when
the offence does not happen TO be within the
| puryicw Of federal law that the felerl courts
/ are TO Try and punish him under any other law
i Then resort Is to be had 10 the common law, as
modified ami changed By state legislation. 80 far
as ;he same is not inconsistent with the cansti-
/ tuition ami Law OF the United States. So that
over this vast domain % criminal Jurisprudence,
I prov dei iy each State Ion tLa protection ul is
/ own citizens and for the punishment Of al. rer-
/ sons Who violate its criminal las, federal law.
/ 81 ereNyr u can le made 90 apply, I.-I i4ces
state law. The question here naturally afis.s
irom shat source Congress lsprivcs It's powers
90 transfer o. o. llri. triluu8 certain cils.es
embraced ia this section. The coust.tgti. u ex-
Iresy declares that The lulicial power 10 .b,
UuItei States ''shal extend 90 all eases iu law
aut equity aI.-.i- under tAls constitution. tle
laws % I'll. United States, aud r,l;ies tl, e or
which shal. Doe male under their authority o. aiI
cases affecting amt4s-l lJ0rs OF ether public m.-
uis,ers aui c.usI.s % al. cases tf Ilm.rl
and maritime jurisdiction 20 cou;royer 10
which the United States shall hca party; 90 con-
tr0ycgsi,s between two states between citizens
% different States between citizen Il tie same
State, claiming land under grants # another
State, between Safe and citizens
Cf different States, aad between q State or the
citizens thereof and .Oge gu State, citizens or
SUI ilc's.' Here the iulicial power Of the
Jnitei States is expressly set forth aud defined,
AMI the act Of September p, l7.-, establishing
the judicial courts of the United States, IN con-
tcr1ins upon the federal courts iictioa over
cases originating iu State tribunals. IS careful
20 c0ulue them t0 the classes enumerated ln the
above rec.tei clause Of the constitution This
section of the hii. uul0ub.e .elly compreheud-
cases and auih0rizes the exercise of uowers that
are not, by the constitution. within the iu-,s-
d.c,i1u % tlc courts Of the United States. 10
transfer them o. those courts would be an exer-
cise Of authority well calculated TO excite dis
trust aUI alarm 0.. the part of an the States
for The bil applies alike Go all oi them. AS vel.
% these that have as TO those that have not
been eusls,l in rebellion.
]. may he assumed that this authority is iuc.- /
dent 90 The power granted 90 Congress hy the T
constitution, as recently amended, 20 enforce ly I
appropriate legislation the article declaring that T
slavery nor involuntary s1ryitude, except AS a /
punishment for crime whereof the party shall 4
have been duly convicted. shall exist within he [
Unitel States " auy place subject to their iugis,
dictiou. Il cann0t however, be justly claimed 4
that, with a yieH to tue enforcement Of this ar
i.cle Of the constitution, there is at present any
necessity Tor the exercise of all the powers
which this bin couiers Slavery has been abll-
ieuel. and at present nowhere exists, within the .
jurisdiction % the Unte,l States, nor has there
been, nor is il likely there VIII De. any attempt
to revive il by the people Of an. State. Il, how
ever, any such attempt shall be male, It Will
then be the duty Of the general government 70
ex rcise any and all incidental powers necessary
and proper % maintain iuviolate this great law
Of freedom The fourth section q the bill pro
yides that officers aud agents Of the Freedmen's
Bureau shall be empowered 10 make arrests and
also that other officers may be specially commits
stoned for that purpose by the President OF the
Unite1 States. 1t also authorizes Circuit Courts
Of the United States and the Superior Courts Of
the territories 10 appoint, without limitation.
commissioners who are 10 be charged with the
perform nee Of quasi 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 Dill These numerous official agents are
made to constitute a sort Of police, in addition
TO the military, and are authorized to summon
a posse c0mitatus, and even to call 10 their aid
such portion Of the land and naval forces Of the
United States, or Of Il he militia, ''as may be ne
cessary TO the performance Of the duty with
which they are charged This extraordinary
power Is TO be conferred upon agents irresponsi-
be to the government and to the people, to
whose number the discretion Of the commission
ers is the only limit, and in whose hands such
authority might be made a terrible engine Of
wrong, oppression and fraud. The general sta
tute regulating the land and naval forces Of the
lulitu clatt=f iAt llllltlt anu Tue tAtGuAlNh VI
the laws. are believed TO be adequate for any
emergency which can occur in time of peace.
1t il should prove otherwise, Congress can at any
time amend those laws in such manner as
while subserving the public welfare, not to jeo-
parl 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 a 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 commissioner
in general for performing such other duties as
NAV be required in the premises. All these fees
are to be paid out Of the Treasury of the United
States, whether there is a conviction or not but
in case of conviction they are 10 be recoverable
from the defendant. 1t seems to me that under
the influence Of such temptations bad men might
convert any law, however benefcent, into uu
instrument Of persecution and fraud.