The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1866-04-11

WHOLE NO. 1876.
with the constitution and laws of the Uni
ted States; so that over this vast domain
of criminal jurisprudence provided by each
state for the protection Of its own citizens
and for the punishment Of all persons who
violated its criminal laws, federal law
wherever it can be made to apply, displaces
state law. The question naturally arises,
from what source Congress derives the
power to transfer to federal tribunals cer-
tain classes of cases embraced in this sect
ion. 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 be made under their author
ity. to all cases affecting ambassadors or
other public ministers and consuls; to all
cases of admiralty and maritime jurisdic-
ton; to controversies to which the United
States shall be party; to controversies be-
tween state and citizens Of another state:
between citizens of different states, between
citizens of the same state; between state
or the citizens thereof and foreign states,
citizens or subjects; there the judicial pow
er of the United States is expressly set forth
and defined. and the act Of September "a.
1889, establishing the judicial courts Of the
United States, in confer ng upon the fed
eral courts jurisdiction over cases origina-
ting in state tribunals, is careful to confine
them to the classes enumerated in the
above rccited clause Of the constitution
This section Of the bill undoubtedly COM
prehends cases and authorizes the exercise
and powers that arc not by the constitution
within the jurisdiction Of the courts of the
United States. To transfer them to these
courts would be an exercise of authority
well calculated to excite distrust and alarm
on the part Of the states, for the bill ap-
plies alike to all of them, as well to those
that have not been engaged fn rebellion
1t may be assumed that this authority is
incident to the power granted to Congress
by the constitution as recently amended, to
enforce by appropriate legislation the ar
ticle declaring that neither slavery or in
voluntary servitude, except as punish
ment for crime, whereof the party shall
have been duly convicted, shall exist with
in the United States, or any place subject
to their jurisdiction. 1t cannot, however,
be justly claimed, that with view to the
enforcement of this article Of the constitu-
tion, there is ut present any necessity for
the exercise of all the powers which this
bill contefs: Slavery has been abolished,
and at present nowhere exists 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 people of
the states. Whenever any such attempt
shall be made, it will then become the duty
of the general government to exercise any
and all incidental powers necessary and
proper to maintain inviolate these govern
ment laws Of the freedmen.
The 4th section of the bill provides that
officers and agents of the Freedmens Bu-
reau shall be empowered to make arrests,
also that other officers may be specially
commissioned for that purpose, bv the
President of the United States. 1t also
authorizes circuit courts of the United
States, and the superior courts of the ter
ritories to appoint, without limitation, com
missioners who are to be charged with the
performance of quasi judicial powers.
The 9th section empowers the commits
sioncrs to be selected by the court to ap-
point in writing one or more suitable per-
sons from time to time to execute warrants
and other processes designated by the bill.
The numerous officers and agents are made
to constitute sort Of police addition to the
military, and are authorized TO summon q
posse comitatus and even to call to their aid
r kkn
OF the United States or of the militia, as
may be necessary to the performance of
the duty with which they arc charged. This
extraordinary power is to be conferred up
on agents irresponsible to the people, and
to whose power the decision of the com
missioner is the only limitation, 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,
the militia and the execution Of the laws
are believed to be adequate for any emer-
gency which can occur in time of peace.
If it should prove otherwise, Congress can
at any time amend those laws in such man
ner as,while subscribing the public welfare,
not to jeopardize the rights, interests and
liberties OF the people.
The 7th section provides that fee of SO
shall be paid to each commissioner in every
case brought before him, and fee Of S5 to
his deputy or deputies for each person he
or they may arrest before any such conf
missioner, with such other fees as may be
deemed reasonable by such commissioner
i'll general for performing such other duties
as may be required in the premises. All |
these fees are to be paid out Of the treasury
Of the United States, whether there is a |
or not; but in case of convic-
ton they are to be recoverable from the |
defendant. 1t seems to me that under ths |
,nHssence ~ of such temptation. bad men |
in.o HSnvert any law, however benifcent, |
fraud. - Pe''e"'o" AA''
By the eighth se,.,u In x.r:.
ed States courts, which 81 tne oili tne oni'-
for white citizens, must IN R2niy IN one place
marshal and district attorney,'ee win % .ne
rily with the clerks although hnoee hnecessa.
mentioned, to any part of the district .. .nus
the order Of the President, and there hoMt
court for the purpose Of the more speedy
arrest and trial of persons charged with q
violation Of this act, and there the judge
and officers Of the court must remain, upOu
the order of the President for the time
therein designated.
J The ninth authorizes the President. or
, such persons as we may empower tor thas
purpose, to employ such part Of the land
or naval forces of the United States, or OF
the militia, as shall be necessary to prevent
the violation and enforce the due execution
! of this act. The language seems to imply
permanent military force that is to be al
ways at hand, and whose only business Is
to be the enforcement of this measure over
the vast region where it is intended to oper-
ate. Idon't propose to consider the policy
of this bill. TO me the details Of the bill
are fraucht with evil. The white rece and