Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1866-04-04

arson, rape, OF any CIlIu6-al Plo'OSAo"
and punishment thro ugh the courts of the
State are taken ava y, and he can only be
tried and punished in the federal courts
How is the cf;min al 10 be tried if The Of
tense is provided or and punished by The
federal law TT lal law, and not the Stale
law, is 10 govern. Ii is only when the Of
fense does not appen to be within the pnr-
view Of federal law that the federal cour's
law. Then re sorl is 10 be had 10 The com
mon law, as modified and changed by Stale
esislatlon, so far the same is not lDcon-
sisteni WITH the Constitution and laws OF
the United States. So that over this vast
domain o! criminal jurisprud enee, provid-
ed by eac State for the protection Of It's
own ci7.els and for the punishment of
all persc MS no violated It's criminal laws,
federal law, whe rever ii can be made TO
apply, d spiaces Stale law. The question
here na' uraly arises, from what source
Congres derives the power 10 transfer TO
federal tribunals certain classes OF cases
emb raj led in this section. The Constitution
of the United States expressly declares iha;
shall extend 10 all cases in law and equity
arising under this Constitution Inc laws of
the United States, and treaties made, or
wb ich shall be made under their authority
10 all cases affecting ambassadors or other
public ministers or consuls 10 all cases oil
dmiraliiy and maratime jurisdiction; TO
controversies 10 which the United States
shall be a party, TO controversies between
two or more States, between a State aud
citizens of another State, between citizens
OF different States, betweea citizens of the
same State, claiming land under grants of
different STATES; and between Sale or the
cillzeRs thereof and foreign Slates, citizens
or subjects" Here the judicial power Of
The United States is expressly set forth and
defined, and the ac; of September 2Iih
1899, establishing the judicial courts OF the
Unlted States, in conierring upon the Fed
eral Courts Jurisdiction over cases otiginal-
ing ia State tribunals, is careful 10 confine
then % The cases enumerated in the above
reci,ed clause of The Constitution. This
section of the bill undoubtedly compre-
hends cases and authorizes the exercise Of
powers that are not, by The Constitution
within the jurisdiction OF the Courts of the
United States To transfer them 20 those
courts would be an exercise OF authority
we'll calculated 10 excite distrus! and alarm
N nf oil foo ha hill
plies alike to ell OF them, as welllo those
that have, as 10 those that have moi, been
engaged in The rebellion.
II may be assumed thu, this authority is
incident TO the power granted 10 Congress
by the Constitution as recently amended,
10 enforce by appropriate legislation The ar
tice declaring that neither slavery nor in-
voluntary servilude, except as punishment
for crime shall have been duly convicted,
shall exist within the United Stales, 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 al present any ne
cessIy Tor the exeTcAe of all the powers
which this bill coniers. Slavery has been
abolished, and al present nowhere exists
within The jurisdiction OF The United States,
nor has there been, nor is il likely there
will be, any attempts TO revive it by the
people o! The Stales If, however, any
such attempt shall be made, it wiJben be-
come the duty Of the general government
10 exercise any and all Incidental powers
necessary and proper 10 maintain inviolate
this great law o; freedom.
The fourth section ol 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
specially com missioned for that purpose hy
the President of The United States Ii also
authorizes Circuit Courts OF the United
States aud the Superior ConTts of the Ierri-
tories TO appoint, without Limitation, Com
missroners, who ara 10 be charged with The
performances of quasi judicial duties. The
fifth section empowers the commissioners
so 10 be selected by The court to appoint in
wrilirg one or more suitable persons from
time 10 lime, execute warrants auu olhef
processes desirable by the bill. These nu-
merous official agents are made 10 consti
lure sort of police IN addition TO the mill
tary, and are authorized TO summon a posse
conlilatus and even 10 call 10 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 duiy
with which they are charged" This ex-
traordinary power is TO be conferred upon
agents esponsibls TO the government and
10 The people, 10 whose number the discre-
lion Of the commissioners is the only limit,
and in whose haEds such authority Nigh;
be made terrible engine of wrong, op-
preston aud fraud The general statues