Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-03-30

and offences COMMITTEE against the provisions OF
this act, and concur1nt jurisdiction with the Cir
cult Courts of the United States of all civil and
criminal cases '.aleetF persons who are denied or
cannot enforce IN the ciurts Judicial tribunals of
the State OF locality wlire they may be any of the
rights secured to them ~ the first section" The
construction which | haze given the second section
IS strengthened by this third section, for it makes
clear what kind of denial or deprivation of the
rights secured by the frs section was in contempla-
ton. IL IS denial or deprivation of such
rights in the courts or judicial tribunals of the
State"
1t stands, therefore, ckar of doubt that the Of
fence and the penalties provided in the second Sec
ton are intended for the STATE Judge who, in the
clear exercise Of his functions Judge, not act
ing mnsterially,>but judicslly, shall decide con-
trary to this Federal law. In other words, when
State Judge, acting upon q question involving
conflict between a State law and Federal law, and
bound, according TO his own judgment and respon-
sibility, to give an impartial decision between the
two, comes to the conclusion that the State law IS
valid and the Federal law is invalid, he must not
follow the dictates of his own judgment at the peril
of fine and Imprisonment The Legislative Depart
ment of the Government of the United States thus
takes from the judicial department of the States the
sacred and exclusive duty of judicial decision, and
converts the state Judge into mere ministerial
officer bound TO decide according TO will of Congress
1t is clear that in States which deny to persons
whose rights are secured by the first section of the
bill, any of those rights all criminal and civil cases
affecting them, will by the provisions of the third
section come under the exclusive cognizance of the
Federal tribunals. 1t follows that it. in any State
which denies to coored person any one of all those
rights, that person should commit a crime against
the laws of the State, murder, arson, rape or any
other crime, all protection and punishment through
the courts OF the State are taken away and he can
only be tried and punished in the Federal courts
How is the criminal to be triedl If the offence is
provided for and punished by Federal law, that law
and not the State law, is to govern.
1t is only when the offence does not happen TO be
within the purview of Federal law that the Federal
courts are to try and punish him under any other
law. Then resort is to be had to the common law,
as modified and changed by State legislation, so far
as the same is not inconsistent 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 citizens. and
for the punishment of all persons who violate its
criminal laws, Federal law wherever it can be made
TO apply dsplaces State law.
The question here naturally arises from what
source Congress derives the power to transfer to Fed
eral tribunals certain classes of cases embraced in
this sectiOnl The Constitution expressly 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, or which shall he made under their
authority to all cases affecting ambassadors, other
public ministers and consuls, TO all cases of adm-
rally and maritime jurisdiction to controversies to
which the United States shall be a party; to cOntro-
VERSES between two or more States between a State
and citizens of another State; between citizens of
different States between citizens of the same State
claiming land under grants of different States, and
between 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 Sep
TENDER o. 1889 establishing the judicial courts of
the United States, in comforting upon the Federal
courts jurisdiction over cases originating in State
tribunals, is careful to conne them to the classes
enumerated in the above Tecited clause Of the Con-
stituton. This section of the bill undoubtedly
comprehends 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 TO those courts would be exercise
of authority well calculated to excite distrIst and
alarm on the part OF all the States for the bill APP
plies alike TO all of them, as well as to those that
have as to those that have not been engaged in re-
belliOn.
1t may be assumed that this authority is incident
to the power granted to Congress by the Constitu-
ton rs recently amended to enforce, by appropriate
legislation, the article declaring that neither sla-
very nor involuntary servitude, except as punish
ment 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 view to
the enforcement of this article of the Constitution,
II
all the powers which this bill confers.
Slavery has been abolished, and at present no.
where exists within the jurisdiction of the United
States nor has there been, nor is it likely there will
he, any attempt to revive it by the people or the
States If, however, any such attempt be made it
will then become the duty of the General Govern
ment to exercise any and all incidental powers me-
ceSSary and proper to maintain inviolate this great
constitutional law of freedom.
The fourth section of the bill provides that officers
and agents of the Freedmens Bureau shall be en-
powered to make arrests and also that other officers
NAV be specially commissioned for that purpose by
the President of the United States. 1t also authO
rZes circuit courts of the United States and the supe
rior courts of the Territories to appoint without lm
tation commissioners, who are to be charged with
the performance of quasi judicial duties. The fifth
section empowers the commissioners so to be selected
by the courts to appoint in writing, under their
hands, one or more suitable persons, from time to
time, TO execute warrants and other processes de-
scribed by the bill. These numerous official agents
are made to constitute sort of police, IN addition
to the military and are authorized to summon a
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, - Us may be necessary to
the performance of the duty with which they are
charged"
This extraordinary power is to be conferred upon
gents irresponsible to the Government and to the
people, to who's. number the discretion of the COM
missioners is tie only limit and in whose hands
such authority might be made a terrible engine OF
wrong, oppression and fraud. The general statutes
regulating the land and naval forces of the United
States and militia, and the execution OF the laws,
are believed to be adequate for every emergency
which can occur in time OF peace. If 1t should
prove otherwise, Congress can at any time amend
those laws in such manner as, while subscribing the
public welfare, not to leopard the rights, interests
and liberties of the people.
The seventh section provides that fee of ten dol
1,l1 nil Ia oh Il.
case brought before him. and fee OF five dollars to
his deputy or deputies "ior each person lie or they
NAV arrest and take before any such commissioners,
with such other fees rs may be deemed reasonable
by such commissioner" lin general for performing
such other duties rs may be required IN the pre-
misses" All these fees are TO be paid out OF the
treasury of the United States" whether there is a
conviction or not but in case of conviction they are
to be recoverable from the defendant. 1t seems to
me that under the influence of such temptations bad
men might convert any law, however benefcent,
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 Attor
ney land necessarily with the clerk. although he Is
not mentOned to any part OF the district, upon the
order of the President, and there hold court for
the purpose of the more speedy arrest and trial OF
persons charged with violation OF this act; and
there the Judge and the officers Of the court must
remain upon the order of the President, "ior the
time therein designated"
The ninth section authorizes the President, or such
person as he may empower for that purpose, - to
employ such part of the land and naval forces OF the
United States or of the militia, shall be necessary
to prevent the violation and enforce the due eXecu-
ton of this act" This language seems to imply a
permanent military force, that is to be always at
hand and whose only business is to be the enforce
ment of this measure the vast region where it is
intended to operate.
do not propose to consider the policy of this bill.
To me the details of the bill seem fraught with evil.
The white race and black race of the South have
hitherto lived together upder the relation of master
and slave-capital owning labor, Now, suddenly,
that relation is changed; and as to ownership
capital and labor are divorced. They stand now
each master of ITSELF In this new relation, one be-
ing necessary to the other there will be new ad-
iustment which both are deeply interested in making
harmonious.
Each has equal power in settling the terms and II
left to the laws that regulate capital and labor II is
confidently believed that they will satisfactorily
work out the problem Capital it IS true has
more nelgen ce; but labor is never so Ignorant as
not to understand its own interests, not to know its
own value and not to that capital must pay that
value. This bill illustrates this adjustment 1t inter
yenes between capital and labor, and attempts TO
settle questions OF political economy through the
AGENCY of numerous officials whose interest it will
he to foment dscOrd between the two races; for as
the breach widens their employment will continue,