Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-03-29
0Ctte9rapbtt,
Conclusion Of the Presidents Mes
snge.

'SAN FNSaAPNAANA 5SCSSAON1
to go topress, for the purpose of meeting
mails and Express, before the receipt of
the Presidents Veto Message. The follow
ing is the portion we were compelled to
omit in that issue: @
The Constitution expressly declares that
the judicial power of the United States shall
extend to all cases in law and equity aris-
ing under the Constitution, the laws of the
United States and treaties made, or which
shall be made, under their authority, to all
cases affecting ambassadors or other public
ministers and cOnsuls, to all cases of admi-
ralty and maritime Jurisdiction, to contro-
versies to which the United States shall be
party, to controversies between two or
more States, between State and citizens of
another State, between citizens of different
States, between citizens of the same State,
claims for land under grants of different
States, and between a State or the
citizens thereof and foreign States,
citizens or subjects. Here the judicial
power of the United States Is ex-
pressly set forth and defined, and the
act Of Sept. 24th, 1889, establishing the ju-
dicial courts of the United States, in con-
ferring upon the Federal courts jurisdic-
tion over cases originating in State tri-
bunals, is careful to confne them to the
classes enumerated in the above recited
clause of the Constitution. This section of
the bill undoubtedly comprehends such
cases, and Authorizes the exercise of pow
ers that are not, by the Constitution, with
in the Jurisdiction of the courts of the
United States. To transfer them to those
courts would be an exercise of authority
well calculated to excite distrust and alarm
thn nj oil M Sfnfac for ha hill
applies alike to all of them, as well to those
that have as 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, tOenforCe by appropri-
ate 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 can
not, however, be justly claimed that with a
view to the enforcement of this article of
the Constitution there is at present any ne
cessity for the exercise of all the powers
which this bill confers. Slavery has been
abolished, aud at present nowhere exists
within the jurisdiction of the United States,
nor has there been, nor is it likely there will
be, any attempts to revive it by the people
of the States. However, if any such at
tempts shall be made, it will then become
the duty ofthe General Government to eX-
ercise any and all incidental powers neces-
sary and proper to maintain inviolate these
Government laws of the freedmen.
The fourth section of the bill provides that
officers and agents of the Freedmen's Bu-
reau shall be empowered to make arrests,
and also that other officers may be specially
commissioned tor that purpose by the Pres
ident OF the United States. 1t also author
izes circuitOus routes Of the United States
and Superior Courts of the Territories to
appoint, without Limitation. commissioners
who are to be charged with quasi judicial
duties.
The fifth section empowers the Commits
sioners to be selected by the Court to APP
point in writing one or more suitable per-
sons from time to time to execute warrants
and other processes described by the BILL
These numerous official agents are made to
constitute sort of police, in addition
to the military, and are authorized to
summon posse comitatus, and even
to call to their aid such portion OF the
land and naval forces of the United
States, or of the militia, as may be
necessary to the performance of the duty
with which they are charged. This extra
ordinary power is to be conferred upon
agents irresponsible 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 terrible en-
gine of wrong oppression and fraud. The
general statutes regulating the land and ma
val forces of the United States and the mil
itia, and the execution of the laws, are be-
lieved to be adequate for any emergency
which can occur in time of peace. If it
should prove otherwise, Congress can at
any time amend these laws in such manrfer
as, while subscribing the public welfare, not
to jeOpardize the rights, interests and lib
critics of the people. ....
The seventh section provides that fee of
ten dollars shall be paid to each Commits
sioner 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 Commits
sloner, with such other fees as may be
deemed reasonable by such Commissioner
in general for performing such otherduties
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 con-
viction or not; but in case OF conviction,
they are to be recoverable from the de-
tendant Itseems to me that under the in
fluence of such temptations bad men might
convertany law, however beneficient, into
an instrument OF persecution 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 Marshal and District Attorney, and
necessarily with the clerk-although he is
not mentioned In any part of the section
by the order of the President, ard there
hold court for the purpose of the more
speedy arrests and trial of persons charged
with violation of this act, and there the
Judge and officers of the court must re-
main, upon the order of the President, for
the time therein designated
The ninth section authorizes the Presi-
dent, or such person as he may empower
for that purpose to employ such part of the
land or naval forces of the United States, or
of the militia, as shall be necessary to pre-
vent the violation and enforce the due exc
cution of this act. This language seems to
imply permanent military force, that is to
be always at hand and whose only business
is to be the enforcement of this measure over
the vast region where it is intended to oper-
ate. .a-'.@ >--'. .-a
/ 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
slave, capital owning labor. Now that re-
lation is changed, ana as 10 ownership, cap
ital and labor are divorced. They stand
now each master of itself. In this new re-
lation, one being necessary to the other,
there will be a new adjustment, which both
aredeeply interested in making harmonious.
Each has equal power in settling the terms,
and If left to the laws that regulate eanital