The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-04-07

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slale FhFh Aaay f. ptfan lho.r
flHIiT ilHf Hfe HfnfHl 81 fha fr .
Hfll8i n iho Hl. or ahy ms "a
ihfae dHhH sIi mImnH aad dvii
ases affecting chem sill b. ite ihim
sffiiHn, f1mo HHltf ile etmHlitr
rfHuhat N fho fnieml ifiiunli +
u follows fhH II w 4ny sfaio which +
doHif' iga oiofad pafsau any rit ~.
hll ihese fIghls thti ten1n should I
commit crime agaIhi tIia mW DfI
Che siaie murder nf ans oihrf f
mlme NIL Protection anl punishment I
in The courts II ihc state are taken I
away and he can only We tried and /
punished ina fplcfal oonr How /
i4 tho criminal io he iBod9 VI thoI
o0ensc Y provided fr and punished /
by Che feloral law, ihat Law. and +
noi the state law u f. GOVERN II vI
only Whom The oGcnse does not han.
pen To be- within the jurisdiction N
The Federal law, that the fcloml
courts are 20 punish him. Under
any other lav Chan this, resort Il to
be made 10 The Common lAw as|
modified and changed by state lcgi.-
lation, 20 lar as The same is not in
consistent with the Constitution and
laws of the United States. M that
over the vast domain Of criminal
Jurisprudence provided by each State
for the protection Of lis own citizens
and for the punishment of all per-
sons who violate lis criminal laws,
Federal law, wherever il can be
made to apply, displaocs State law,
The question here naturally arises,
from what sources Congress derives
the power 10 transfer to Federal tri-
q bunals certain classes of eases cm-
: braccd in this section. The Consli-
, tuition expressly declares that the
I judicial power Of the United States
] shall extend to all eases in law and
a equity arising under this Constitution
{ and the laws of the United States,
G and treaties made, and which shall
c be made, under their authority, to all
: eases affecting ambassadors or other
G public ministers aud consuls, to all
4 eases of admiralty and maritime ju-
o risdiction, to controversies between
:, two or more States, between a State
o and citizen of another State, between
n citizens of different States, between
e citizens of the same State, claimin.
n land under grant Of different States
a Md between State and the citizen
e, thereof and foreign States, citizens o
le subjects. Here the Judiciary powe
5. of the United States is expressly Sc
Ie forth and defined, and the act of Sep
n tember "a, 1889, establishing tn
n Judiciary Courts of the Unite'
le States, in comforting upon the Fed
N eral Courts jurisdiction over the case
cs originating in State tribunals, is care
ful to confnc them to the cases emu
m merated in the above recited claus
N of the Constitution. This sectio
in of the bill undoubtedly comprC
Is hendcd the cases, and authorizes tn
lg exercises of powers that are not, b
IN the Constitution within the jurisdiC
c, tion of the United States. To trans
ii fer them to those courts would be n
~ exercise of authority well calculate
y, to excite distrust and alarm on III
G. part of all the States, for the bill AZ
to plies alike TO all of them, as well {
n to those that have not engaged in ii
" rebellion. 1t may be assumed thi
n this authority is incident to the pow
ry granted to Congress by the Constitl
or ton, as recently amended, TO enior
We by appropriate Legislation the artic
Of declaring that neither slavery or il
ed voluntary servitude, except as a pun
is, ishment for crime, and the par
Ie- thereof be duly convicted, shall cxi
Of, within the United States, or AZ
X place subject to their jurisdiction.
Iot cannot, however, be justly elaine
he that with n view to the eniorcemcI
on of this article OF the Constitutio
ne there is at present any necessity I
or the exercise of all the powers whi'
ith the bill confers. Slavery has be-
Ter abolished, and at present nowhc
,b- exists within the jurisdiction of {
on United States, nor has there bee
he nor is it likely there will be, any ;
m tempt to revive it by the people
nts those States. II, however, any su
EN- attempt shall be made, il will bccoi
red the duty of the General Governmc
lit to exercise any or all incidental po
of ers necessary and proper, to maintf
de- inviolate this Government law of /
'ty, freedmen.
'ty. The fourth section Of the bill n
ght vides that officers and agents of
ry, Freedmen's Bureau shall be cmpo
ore cred to make arrests, and that otl
on, officers may be specially commission
tho for that purpose BY the President
ing the United States. II also authori
hat Circuit Courts Of the United Sta
uld and Supreme Courts Of the Terri
nth ries to appoint, without limitati
and Commissioners, to be selected by
rial court, who shall appoint, in writ
ned one or more suitable persons, Fl
tate time to time, 10 execute warrants {
dg- other processes provided BY the |
her These numerous officials and age
fine are made TO constitute a sort Of pol
rm in addition TO the military, and
tate authorized 10 summon posse coB,
tus, and even to call to their aid $
in portion Of the land and naval 70
tate. Of the United States, or Of the mil
dye, as may be necessary to the pcrfo
con- ancc of the duty with which they
the charged. This extraordinary po
,w a is to be conferred upon agents !
over sponsible 10 the Government an
Nv is the people, TO whose numbers the
State cretion Of the Commissioners is
right only limit, in whose hands such