Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1866-04-04

source Congress derives the power TO transfer to
Federal tribunals certain classes Of cases EN-
cod In this sectionf 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 authority; TO all cases az
fecting their ambassadors. other public minis,
ters and consuls; to all cases OF admraity anu
jurisdiction; to all controversies to shicn the
United States shall be party 10 conttovers'es
bet ween two or more States; between citizens OF
different States: between citizens OF the same
State claiming land under grants OF different
States; or between State, or the citizens there
Of and foreiz Estates, citizens or subjects
Here the judicial power of the United States is
expressly set forth and defined. and the act of
September 2ith, l7S9 establishing the judicial
courts of the United States, in comforting upon the
Federal courts jurisdiction over cases originating
In State tribunals. is careful to confne them to
the classes enume rated in the above recited clause
of the Constitution. This section of the bill IN
doubtedly comprehends cases and authorizes the
exercise of powers that not. by the Constitu-
ton, within the jurisdiction of the courts of the
United States. To transfer them to those courts
would be ap exercise of authority well calcula-
ted to excite distrust and alarm on the part Of
all the States for the bill applies alike to all OF
them, we'll to those that have not been en-
gagged in rebellion. 1t may be assumed that this
authority is incident to the power granted to
Congress by the Constitution, recently amend
ed, to enforce, by appropriate legislation, the ar
ticle declaring that neither slavery nor involun-
tary seryitode, except as a punishment for crime,
whereof the party shall have been duly convict
ad, shall exist within the United States, or any
place subject 10 their jurisdiction
Il cannot, however, be justly claimed that
with a view 10 the enforcement of this article of
the Constitution there is at present any necessity
for the exercise of all the powers which this bill
cOnfers- Slavery has been abolished, and at pes
ent nowhere exists within the jurisdiction of the
United States. has there been. is it likely
there will be. any attempt to renew by the peo-
y,lA fha fofEs tfo1, ,rlf
shall be msde, it will become the duty of the
General Government to exercise any and all in
cidental powers necessary and proper to maintain
inviolate the great law of freedom.
OFFICERS.
The fourth section of the bill provides that OFF,
GERS and agents Of the Freedmens s Bureau shall be
empowered to make arrests and also that the Of
fcers may be specially commissioned for that
purpose by the President of the United States. 1t
also authorizes circuit courts of the United States
and the superior courts of tho Territories, to ap
point without limitation, comm issioncrs who
10 be charged with the performance of quasi ju-
diciai duties.
The fifth section empowers the commissioners,
% TO be selected BY tho courts to appoint in wri
ting under their hands one or moro suitable per-
sons, from time to time. to execute warrants and
other prosecutions desired by the bill. These
merous ofioiai agents made to constitute
sort Of police in addition to the military, and
authorised to summons a posse rontnsttatns, and
even to call to their aid such portions Of tho land
and naval forces of the United States, or of tho
militia, As may be necessary to the perform ance
of tho duty with which they charged. This
extraordinary pswer is to be conferred upon agents
irresponsible to tho Government. and to the peo
pie to whose number the discretion of the COM
missioners Is tine only limit, and in whose hands
such authority might be made q terrible engine
OF wrong, oppression and fraud.
ouR LAND AND NAVAL poRcEs
e Tho general status regulating the land and
val forces Of the United States, the militia, and
the execution of the laws, arc believed to be ade
quate for every emergency which can OCCUR in
times Of peace. If it should prove otherwise
Congress can at any time amend those laws in
such . manner as, while subserving tho public
welfare, not to jeopardi1e the rights. interests
and liberties Of the people.
YEBs
Tho seventh section provides that fee Of ten
dollars shall be paid to each commissioner in ev-
cry case brought before him. and foe Of ave dol
lars to his deputy or deputies for each person he
or they may arrest and take before any such
commissioner, with such other fees ~ may be
deemed reasonable by such commissioner in gen.
cral for performing such other duties as may be
be paid out of the Treasury of the United States,
whether there is a conviction not; but in case
Of a conviction they are to be recoverable from
the defendant. It seems to mo that under tho in
fuencs of such TEN mptation bad men might con-
vert any law. however benefcent, into an in,tru-
ment of persecution and fraud. 70
MIGRATION OFFICERS.
by the eighth section Of the bill, the United
white ci tizens, must migrate, the marshal and
district att rney, and necessarily the clerk, al
though he is not mentioned, 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 a
violation of this act; and there the Judge and the
officers of the court must remain, on the order Of
the President, for the time designated. The
ninth section authorizes the President, or such
person as he may empower for that purpose to
employ such part of the land or n avail forces of
A. ~ CuA-1 Al
necessary to prevent the violation and enforces
the due execution of this act. This language
seems to'impiy an important military force, that
is to be always at hand, and whose only business
lie TO be the enforcement of this ssage over the
vast region where it is intended to operate
EVIL EFFECTS.
l do not propose to consider the policy of this
bill. To me the details Of the bill arc frought
with evil. The white race aud the black race of
the South have hitherto lived together under the
relation of master and slave-capital owing labor
Now. suddenly, that relation is changed and as
TO ownership, capital and labor are divorced
They stand now each m aster Of itself in this new
relation one being necessary to the other.
NEW ADJUSTMENTS.
There will be a new adjustment, which both
arc deeply interested in making harm onious.
Each has equal Poweriin settling the FORMS and
if left to the laws that regulate capital and labor
it IS confidently believed that they will satisfac-
torily work out the problem Capital it is true
has more intelligence, butlsbor is never SO ignor-
ant ~ not to know its own value, and not to see
that capital must pay that value.
This bill illustrates this adjustment; it inter
venes between the capital and labor, and attempts
to settle questions of political economy through
1t will be to discord between tho two races
20 Tar a. the breach widens their employment
will continue, and when it is closed their occups-
ton will terminate In all our history. in all our
exPsrisnce, as people living under Federal and
State law. No such system as that CONTEMPLATED
by the details of this bill has ever before boon