The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1866-04-04

g 10 tdnsltr 10 ESueial llhuuaiS certain
classes OF eases embraced in this section.
| The Constitution expressly declares that
the Judicial power Of the United shall ex-
tend to oil cases, in law and equity arisiug
under this Constitution, the laws of the
I United States, and treaties made and which
shall be made under their authority; to an
eases affecting ambassadors or other public
minister snd conaultS; to all cases of admi-
rally and maratlne perisdictiOn; 10 contru-
versIes t. which the United States shall be
a party; to contruversaries between two or
more States, between a State and citizens
of another State, between citizens of differ
ent States, between citizens of tn same
State, elains lSDds under grants of different
States, and between State or the citizens
thereof, and foreign States, citizens or sub
jccts heie. the judiciary power of the Unit
ed States is expressly sUt forth aud defined.
and the act OF September 24 l7S9, estab-
fishing the judiciary Courts of the United
States IN comforting upon the Federal Courts
jurisdiction oyer cases originating in State
tribunals Is careful to conine them in the
classes enumerated in tie above rgcited
clause Of the Constituli H. .'
This section Of the bill undoubtedly com.
pretended cases, and authorizes the exercise
OF powers that are not, by he Constitution,
within the jurisdiction Of the Courts Of the
United States. To transfer them to those
Courts would he an exercise of authority well
calculated TO excite dists1ist and alarm on
the part ol all the States, for the bill applies
alike to all of thhenI, as well to those that
have not been engaged III rebellion.
1t may be assumed that this authority is
incident to the power granted to Congress
by the Constitution rs recently amended to
enforce by appropriate legislation the art
eie declaring that neither slavery nor invol-
u tsry seryitude, except as punishment for
crime, whereof the party shall have keen
duly convicted, shall exist within the Uni
ted States or any place subject to their ju-
risdiction.
1t can not, however, be justly claimed
that with view to the eifncament Of this
article Of the Constitution, there is at pres
ent any necessity for the exercise of all the
powers which this bill conicrs Slavery has
been abolished, aud at present now here ex-
ists 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
peeple of the State lt..
However. II any such ATTEMPT shall be
made, it will become the duty Of the Gen
cral Government to exercise any and all in
cldental powers necessary and proper TO
maintain inviolate this Government law of
the freedmen. The fourth section of this
bill provides that officers and agents of the
Freedmen Bureau shall be empowered to
make arrests, and that other officers may be
commissioned for that purpose by the Pres
ident OF the United States.
1t also authorizes Circuit Courts of United
States Superior Courts of Territories to APP
point, without limitation, commissioners,
who are to be charged with the performance
Of quasi judicial duties. The fifth section
empowers the Commissioners SO to be selec-
ted by the COlrt, to appoint in writing one
or more suitable persons from time to time
TO execute warrants aud other processes de-
sirablo by tht bill.
These numerous Official agents are made
to constitute sort of pc lice, in addition to
the military, and are authorized to summon
a i0sSe cOMjtdtats 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 extraordinary power is ~ be confer
red up0nagents irresponsible to Government,
to the people, to whose number the descrip-
ton Of the commissioners is the only limits
aud in whose hands such authority might be
made terrible engine OF wrong, oppression
and fraud. The general statutes regulating
land and naval forces Of the United States
the militia and execution Of the laws are be
lieyed to be adequate for any emergency
which can occur ia time Of peace.
Ii it should il&se otherwise, Congress can
at any time amend those laws ia such man
ner as, while subscribing the public welfare,
n0C TO leopard the rights. interests and li5-
critics Of the people.
The seventh section provides that fec of
$40 shall be paid to each commissioner in
every case bgolglt before him AMI fee Of
$5 to his deputy Or deputies for each person
he or they may arrest and take before auy
such commissioner, with such other fees as
may be decu,d reasonable by such commits
sinner IN general for performing such other
duties as may bo repaired in the premis
es.
All these fine, are to be paid out Of the
Treasury Of the United States, whether
there is conviction or not; but in case of
conviction, they are to be receivable from
the defendant. IL seems to me that under
the influence Of such temptation, bad men
might convert any law however beneficial,
into an instrument OF persecution aud
fraud
BY the twenty eight 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 ne.
ccssaIjly with the Clerk, although he is not
mentioned, tc any part OF the district, upon
the order Of the President, and there hold
court, 10Y the purpose of the most speedy
arrest and trial Of persons charged with a
violation of this act, and there the Judge and
officers Of the Court must remain upon the
order of the Presid 3nt 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
operate.
| do not propose to consider the policy of
this bill True the details of the bill are
fraught with evil The white race and black
race OF the South have hitherto lived to-
gether under the relation of master and
slave, capital owning labor Now that re-
lation is changed. and asto ownership, cap
ital aud labor are divorced, they stand now
each master Of itself.
In this new relation, rome being necessary
to the other, there will be new adjustment;
which both ere deeply interested in making
harmonious; each has equal power in set
Ting the terms, and if left to the laws that
regulate capital and labor it is confidently be-
lieved they viii satisfactorily work out the
problem.
Capital, it is true, has more intelligence,