The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-04-05

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the Judicial power of the United States
"saall extend to all cases in law and equity
arising under this Constitution. the laws
of the United States, and treaties made
or winch shall be made, under their au-
tnorlty to all eases affecting ambassadors,
other public ministers and consuls to all
cases OF admiralty and maritime iurisdic
non to controversies to which the United
states shall be party; to controversies
between two or more States, between a
State and citizens of another State, between
citizens of different States, between citi
zens OF the same State claiming land
under grants of different States, aud be-
tween 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 "a, i789, estab
fishing the judicial courts of the United
States, In comforting upon the Federal
courts jurisdiction over cases originating
IN State tribunals, is careful to confiue
them to the classes enumerated In the
above rec!ted clause of the Constitution.
| This section of the bill undoubtedly COM
| prehends cases and authorizes the exercise
| OF powers that are not, by the Constitu-
ton, within the jurisdiction of the courts
OF the United States. To transfer them
to those courts would be an exercise of
authority we'll 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 shat
| have not been engaged ia rebellion.
| 1t may be assumed that this authority
Is incident to the power granted to Con-
| SresS by the Constitution, as recently
amended, to enforce, by appropriate leg
lslatIon, the article declaring that neither
slavery Eor 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 Il view to the enforcement of this
article OF the Constitution, there is at
present any necessity for the exercise Of
all the powers which this bill eonfers.
Slavery has been abolished, and at
present nowhere exists within the iuris-
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. Ii, however, any such attenrpt
shall be made, it will then become the
duty of the General Government to exer-
else any and all incidental powers neces-
sary and proper to maintain inviOlate this
great constitutional 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 commissioned 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 limita-
tlon, commissioners who are to be charged
with the performance of quasi judicial
duties. The fifth section empowers the |
commissioners SO to be selected bv 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 are made to con-
stltute sort OF police, in addition to the |
military, and are authorized to summon a
posse con1ttdtuS, and even to call to their
aid such portion of the land and naval
forces of the United States. or of the mi
Htla, Gas may be necessary to the perfor
nance 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 number the discretion of the COM
missioners Is the only limit, aud in whose
hands such authority might be made
terrible engine OF wrong, oppression 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. If it should prove otherwise,
Congress can at any time amend those
avs IN such a manner as, while subserv-
ng the public welfare, not to leopard the ;
-ig hts, interests, and liberties of the people.
The seventh section provides that fee {
If ten dollars shall be paid to each com
missioner in every case brought before
lin, and fee of five dollars to his deputy
" deputies, ''for each person he or they ;
nay arrest and take before any such
"with such other fees as
nay be deemed reasonable by such cou-
missioner" Sin general for performing
uch other duties as may be required in
he premises" All these fees are to be
paid out of the Treasury of the United
states" whether there is a conviction or
lot; but In case of conviction, they are
0 be recoverable from the defendant. 1t
Gems TO me that under the influence os
uch temptations, bad men might convert /
my law, however bene6cent, into an In
trument of persecution and fraud :
IL ho 6 h. Al.