The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1866-03-31

r.L., S+a+a cour+s who should render judg- /
nent in autagonsm with Its terms, anu lHae 7
n,arshals and sheritfs who should az
ministerial officers, execute processes sahO- /;
toned bv State laws issued by state . uoS 7
in execution of their judgments eouId "e
Lrot,ght before other tribunals, and there
subjected 10 fine and Imprisonment loF tuo
,g.,f,rnance of the duties which such StaIC
Jaws impose. The legislation thus pToPo91It
involves the judicial power OF the StdIE: = II
saws 10 every State Court OF judge II 20"
ref,Ise. under the prohibition or State law
- olloy n negro to testify; If you hold tAat
o,,er sprh a subject matter, the SAID law i
,,,rarnouDr and under color of State Ia"
refuse the exercise of the right TO the negro
your error of judgment. however cohscl-
entious. shall subject You To fine and lmPrlS-
opmeut do not apprehend contllctnS leg
! ;slatiou. which the bill seems to contelh
plate and Is so likely 10 occur as TO rem
der If necessary at this time 10 adoPt
! the measure of such doubtful constitution
+ alitv In the next place this duty OF
/ iudicial decision converts the State JuuSo
/ INFO a mere ministerial officer, bound 10 ut-
! eide according to the VIII OF Congress. IL
/ i clear. that in States which deny 10 per
! sons those rights are secured by the hrst /
I section Of the bill, any one OF those rights
! ol} criminal and civil cases connecting, VIII /
Inv the third section, come under the exec 1
utiye coonizauce of the Federal tribunals. /
Ir follows that if any state which denies 10 /
= coIored person any of all these rights that (
n Darson shonld commit crime against me
Iatvs of the State. murder or any other
crime. all protection and punishment. me
courts of the State are taen away, and he can
only he tried and punished IN fedeIal
/ court How Is the criminal TO be tned II tue
cft,4nce j. provided for and punished by the
Federal law? The law and not the State
j. 10 Govern 1t is only when the offence
does not happen to diminish the jurisdiction
of the Federal law, that the tederal
courts are to try and punish MN
, Under another law than this, resoTtf Us 10 De
: had to the common law, modified ana
, changed by State legislation, SO far ~ inc
, Same il not inconsistent with the CohSIi'u-
: tion and laws of the United States. So that
: over This vast domain of criminal inriaPru-
T dence provided by each State tor the pFotec
] ton ofits own citizens, for the punishment @
: of all her sons who violated its cTlmlual lt"5'
: Federal law wherever 1t can be made 10 ai-
nIv. displaces State law. The question mere
: ! n1tnroliy arises, from what sources Con
: Cress derives the power to transfer 10 Ie"'
u raI tribunals certain classes OF cases CIn
I braced in this section. The Constitution eA
:, Trnssly, declares that the judicial power OF
h The United States shall extend to all eases
: in law and equity al. sing under this CoISu-
Y | tutiou The laws of the United States
!, and treaties made. and Which shall ne
e made under their authority 10 all cases al
= fectinr Ambassadors or other pubic MINIS
n ters or CouSuls; to all cases OF Admiai'!
D and maritime jurisdiction; TO controversies
Il +, which the United States Shall be a party
# Tn controversies between two or more states
is Lrtveen State and citizens OF another
l. . State: between citizens OF different ola'CS'
n rctwccu citizens of some States who claliil
ne land under grant of different states anu pe
= tween n State or the citizens thereof, ana
Pr foreign States citizens or subjects. liett
~ the judiciary power of the United States Is
To evnTrsslv set forth and defined. and the acj
Is of S,Dtcmber ~, I1-Y, establishing Tie ="
V djcial Courts of the United States, IN cohleiE
at ing upon the Federal Courts JuHs'uCiloI
n over cases originating IN State tnbHAaiH' "
D- careful to coutne them 10 the classes emu
= rrerared in the above cited clause OF th'
I'd Constitution. This section OF the bNi I'm
IS doubtedlv ComprehGnded The c&>ts ana au
re- thoriZeS the exercise OF powers that are III"
I'll bvthe Constitution within the jurisdiction
in ofthe Courts of the United States 10 tlah'
of fer them to those Courts would he an eNtl
ID else of authority well calculated 10 eNcit
is distrust and alarm on the part OF all III
it, States. for the bill applies alike 10
in of them as we'll as those that have not el
ed uaued in the rebellion. 1t may be assume
1ts that this authority is iucipIeut to PoWt
Sc granted to Congress by the Constitution,
ou recently amended. to enforce by appI"pt'a'
rr legislation the article deiarIng that h1'th'
ed slavery or Involuntary seryitude, except :
Ter q punishment for crime, and the party ihet
he of he duly convicted shall exist WlVhlu u
an United States or any place SuhJect /" 'ht
by iurisdiction 1t cannot, however, ne just
,ry claimed that with view to the entorceihei
If of this article of the Constitution, there
vi at present any necessity for the exercise
an all the mowers which this bill conters. 81
AZ. very has been abolished, and at present II
no where exists within the jurisdiction oil u
rtv United States nor has there been, nor Is
So likely there viii be any attempt 10 rev
M IL Nv thp ne0ple of these States. II, no
,op ever. any such attempt should be made
= will become the duty of the general Cover
red ment to exercise any or all incidental po
law ers necessary and proper to MAINTAIN III
-ast olate this Government.
eSe The fourth section ofthis bill provides u
any officers aud agents of the Freedmen /
ION reau shall be empowered tn make arrests Il
e OF that officers may be specially COMMISSION
ect- for that purpose by the President of
ire limited States 1t also authorizes Gre
I'M Courts of the United States ana super
lttS Courts of the territories to appoint Nllh'
lth. limitation, commissioners who are 10
me charged with the performance OF quasi
III" dicial duties.
"a The fifth section empowers the comm
"lu '. sioners so to he selected by the court to
ar, point in writing, one or more sultaole
az " sons from time to time to execute process
i etc The numerous officials ana agents
10" @ made to constitute a sort of police, IN au
H. ton to the military, and are authorized
80 . summon a posse c0mUdtHS, ana even t"
JeCD 10 his aid such portion of the land and IA
- forces of the United States or OF the
- litia rs may be necessary to the
'"Cn w., formance Of the duty with which they
,It d" charged This extraordinary power Is to
a+ conferred upon agents irresponsible 10
;',,, Government and to the people, whose nj
~ her the discretion of the commissioners
L. WIN
- " might be made Il terrible engine OF WTo
|'" 60 oppression and fraud. The General Cove
- 80 mrnt regulating land and naval force
,,,,, the United States for the execution OF
80 laws are believed to be adequate TO
IN emergency which occurs in time of peace
~ i,'r Ii it should prove otherwise, Congress
- at anv time amend those laws III such a III
-. uer as while sUJSerVlng public well
= viii not ieopaTdse the rights. interests
+, liberties of the people, The seventh secJ
- I provides that fee of ten dollars shan
paid to each Commissioner. in every
'Ple br,urht before him. and a fee of five dol
-. TO his deputy or deputies, Tor each pei
- he or theV may arrest and take before
- such Commissioner. with any SH2h ot
fees as may be deemed reasonable by 5
-, Commissioner, in general. for perform
''!oH sucb other duties as may be required in
~" % premises All these fees are to be paid
- ~ of the Treasury of the United States, VIII
- - eT there is a conviction or not: but, IN
law -l,.,- ..,r, =, u. T.aaiy-a Ia /
make oi COZ .C'lyn' 'ie -, - ,,.. +b.t II,
- the influence of such temptations. bad
iel ~ might convert any law, however benefc
into an instrument OF persecution and tri
~ Wv Bv the eighth section of the bill, the In
pora states ,,,,,St ,i,yr+, Win
It to Ior Mli'e tt+crneL ana r.Cs
~" IL with the Clerk-althOugh he Is not l
LII, tioned-to any part OF the District, upon
SUI order of the President, and there
: oo Courts for the purpose of a more speed,
,,., n.,,l'o rest and trial OF persons charged vii
and l,oh % - T,,,rt T,,1l+ rerair :
U no the order of the President, for the
Si,",I in therein designated, The ninth section
~ thorizes the President, or such person as
-, '1 may empower for that purpose, to EN-
~ ~ such part of the land or naval forces, o
~ % The miIitia. as shall he mecessarN 70 pre-