New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-03-29

THURSDAY MORNING, MARCH 20, 1866.


law of State or Territory, which may conflict
with the provisions of the bill now under consider
alton 1t provides for counteracting such forbid
den legislation by imposing fine and imprisonment
upon the legislator who may pass such cOnnlctihg
laws, Or upon the officers the agents who shali
put or attempt to put them into execution. 1t
means an offered offense, not common crime com
mltted upon the person or property OF the Dlack
race. Such an act may deprive the black man OF
his property, but not of his right to hold property
II means deprivation of the right itself, either
by the State judiciary the State legislature. 1t
is therefore, assumed that under this section mem
bers Of a State legislature, who should vote i0r
laws conflicting with the provisions of the blil, !
that judges of the State courts who should render
judgments in antagonsm with its terms, and that
marshals and shegifls who should, as ninister1ai
officers, execute processes sanctioned by state
laws, issued by State judges in execution Of their
judgments, could be brought before other hibu-
mails, and there subjected to fine and imprison.
ment for the performance of the duties which such
state laws vs. impose the Legislation M thus proposes
every State court or judge: If you decide that
this act is unconstitutional; If you refuse, under
the prohibition of a State law, to. allow
such subject matte matter the said law is paramount,
and under color of State law refuse the exercise
Of the right to the negro, yonr error Of Judgment,
however conscious shall snbjecty to fine and i'm
prisonment. / do not apprehend that conflicting
Legislation (which the bill seems to contemplate, is
likely to occur to render it necessary at this
time to adopt the measure OF such doubtful con-
stitutionality.
converts the State judge into a mere ministerial
officer, bound to decide according to the will OF
Congress. 1t is clear that in States which deny to
persons those rights as secured by the trst secl0n
of he bill, any one of those rights, all criminal
and civil cases connecting will, by the third sec
tion, come under the executive eognizance of the
Federal tribunals
It follows that if any State which denies to a
colored person any of all these rights that person
should commit crime against the laws of the
State, murder OF any other crime, all protection
! and punishment. The courts OF the State are
taken away and he can only be tried and punished
in Federal court. Howis the criminal to be tried
if the ofense is provided for and punished by the
Federal law. The law and not the State law Is to
govern 1t is only when the offense does not
happen to be within the Jurisdiction OF the Federal
law that the Federal courts are to try and punish
him. Under any other law than this, resort is to
be had to the common law as modified and changed
by State legslation SO fat as the same is not in
consistent with the Constitution and laws OF the
United States So that over this vast domain of
criminal jurisprudence, provided by each State for
the protection of its own citizens for the punish
ment of all her who violated its criminallaws,
| Federal law, wherever it can be made to apply,
| displaced State law.
| The question here naturally arises, from what
sources Congress derives the power to transfer to
| Federal tribunals certain classes of cases EN-
|
declares that the judicial power of the United
States shall extend to all cases in law and equity
arising under this Constitution. The laws OF the
| United States and treaties made, and which shall
be made under their authority. to all cases Affect
ing ambassadors or other public ministers and con-
suls, to all classes of admiralty and maritime juris-
diction, to controversies to which the United
States shall be party, to controversies between
/ two OF more States between State and citizens
| of another State. between citizens of different
States, between citizens of the States claims
of land UNDER grants of different States, and be-
tween State or the citizens thereof and foreign
States, citizens or subjects have the judiciary
power of the United States, is expressly set forth
and defined, and the act of September oath. 1888
establishing the Judicial courts of the United
States, in comforting upon the Federal courts Juris
dcton over cases originating in State tribunals is
careful to conine them to the clauses enumerated
J in the above recied clause Of the Constitution.
? This section of the bill undoubtedly compre
{ hended the cases, and authorizes the exercise o
' powers that are not, by the Constitution, within
the jurisdiction Of the courts Of the United States
e To transfer them to those courts would be an ex
: ercise of authority well calculated to excite dis
trust and alarm on the part of all the States-fo
the bill applies alike to all of them it would t
, those that have not engaged in the rebellion. l
may be assured that this authority is incipient t.
e power granted to Congress by the Constitution,
o recently amended, to enforce due appropriate
. legislation, the article declaring that neithe
i slavery nor involuntary servtude shall exist as
punishment for crime, and the party thereon b
/ duly convicted, shall exist within the United State
4 or any place subject to their Jurisdiction: 1t can
4 not however be justly claimed that with view
f to the enforcement of this article Of the Constiu
tion there is at present any necessity Tor the eS
O ercse of all the powers which this bill confers
n Slavery has been abolished, and, at present, nc
J, where exists within the jurisdiction OF the Unite
$ States-nor has there been, nor is it likely ther
v will be, any attempts to revive, by the people
]. those States.
n If, however, such an attempt should be made
If it will become the duty of the general governme1
r. to exercise any all incidental powers necessar
" and proper to maintain nviolate this governmeI
E. and laws of the freedmen.
he The fourth section of this bill provides that of
Of GERS and agents of the freedmen's bureau shall
empowered to make arrests, and that other OF
N GERS may be especially commissioned for that pu
n pose by the President of the United States.
at also authorizes circuit courts of the United Stat
N and superior courts of territories to appoint, wit
t. out limitations, commissioners who are to
,y charg edwith the performance OF quasi judici
sy duties.
st The fifth section empowers commissioners so
lis be selected by the court to appoint in writing
he or more suitable persons from time to time to eS
Dr. cute processes, etc. 81 f
ke The numerous officials and agents are made
re constitute sort of police in addition to the mi
he tary, and are authorized to summon posse con
es tatus and even to call to his aid such portion
zee the land and naval forces of the United States
to of the militia as may be necessary to the perfor
,te ance of the duty with which they are charge
on This extraordinary power is to be conferred up
On. agents irresponsible to the government and to
cal people, whose number the discle of the co
ge missioners is the only limit, in whose hands su
authority might be made terrible engine
m. wrong, oppression and fraud. The general st
en utes regulating the land and naval forces of
es. United States and the execution of the laws
INV believed to be adequate to any emerger
ich which convenes in time of peace. If it sho
of prove otherwise, Congress can at any time anne
wn those laws in such manner as, while subserv
veil public welfare, will not jeopardize the rigi
say interests and liberties of the people. ,,
.ral The seventh section provides that fee of
leg dollars shall be paid to each commissioner in ey
jon case brought before him, and fee of five doll
BIZ to his deputy or deputies for each person he
no they may arrest and take before any such CT
, to missioner with any such other fees as may
,od deemed reasonable by such commissioner in 6
one eral, for performing such other duties as may
of required in the premises. All these fees are to
be- paid out of the treasury of the United Sta
per- whether there is a conviction or not but in c
j, in of q conviction they are to be recoverable Fl
the defendant. 1t seems to me that, under
all influence of such temptations, bad men mi
and convert any law, however benefcent into
Y it instrument of persecution and fraud.
the BY the eighth section OF the bill the Uni
zen States, courts which set only in one place
fee, white citizens must migrate with the marshal
hold district attorney and necessarily with the c
the although he is not mentioned, to any part of
Con. district upon the order of the President and Il
rard hold courts for the purpose of more speedy
| Nd triol of rharUnl A