Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-03-28

duty ofudcial decision and converts the State Judge
into mere ministerial officer, bound to decide ac-
cordlng TO the will of Congress.
1t is clear that in States which deny to pcrsons
whose rights secured by the first section of the
olil any one OF those rights all criminal and civil
cases efecung them, will by the provisions of the
thlrd section, come under the exclusive cognzance
OF the Federal tribunals 1t follows that if i'm any
State which denies to n eOl0red 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 aud punishment
through the laws of the State, are taken away and
ne can only be tried and punished in the Federal
courts: How is the criminal to be tried? If the Of
tense Is provided for and punished by Federal law
that law. and not the State law, is to govern
It IS only when the offence does not happen 70 be
WITHIN the purview of Federal law that the Federal
courts are to try and punish him under any other Jaw
Ihen resort is to be had to the common law, as
n IN IN and changed" by State legislation, so far
as me same Is not inconsistent with the Constitution
and laws OF the United States" So that over This
vast domain Of criminal Jurisprudence provided by
sdcn state ior the protection OF its own citizens and
loI the punishment OF all persons who violate its cri
ann Avs dedeTal aw wherever it can be made to
Inc question here naturally arises, from what
source congress derives the power to transfer to
feuera tribunals certain classes Of cases embraced
IN TINS section The Constitution expressly declares
that the judicial power of the United States shall ex
t GS to N law 4Rd equity 9rsing under this
ties made, or which shall he made under their an
tnorty IN all cases affecting ambassadors other public
ministers and consus; to ali of admiralty and
maritime jurisdiction; to controversies to which the
United States shall be party; to controversies be-
tween two or more States, between State and elf
zens of another State. between citizens Of different
states between citizens of tho same State claiming
land grants of different States and between State
subjects" "
Here the judicial power Of the United States is ex-
presS!y set tortn and dehned and the act of Septe-
Der q, 1889, establishing the judicial courts of the
United States in comforting upon the Federal Courts
jurisdiction originating in State tribunals
n
IN the above recited clause of the Constitution This
Se9tion of the bill undoubtedly Commandments cases
and authorizes the exercise of powers that arc MOI
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 dstrus and alarm on the part of
all the States for the bill applies alike all Of them
well to those that have as to those that have NOT
been engaged in 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 article carng that neither slav-
ment for crime, whereof the party shall have been
duly conYicted shall exist within the United States
or any place subject 20 their iurisdiction 1t cam
not, however, be justly claimed that with view to
the enforcement of this article of the Constitution,
there is at present necessity for the exercise of
all the powers which this bill cOnfefs.
Slavery has been abolished, and at present no.
where exists within the jurisdiction of the United
States; nor has there BEEN is it likely there will
States # hoTever any such em mt sba be G5 ade e
it will then become the duty of the General Govern
sary and proper to maintain inviUlate this great
sltutlona law OF freedom.
The fourth section Of the bill provides that officers
and agents OF the Freedmen's Bureau shall be en-
powered to make arrests, and also that other officers
may be specially commissioned for that ~ rpose by
the President OF the United States. 1t also author
ICES Circuit Courts of the United States and the Su-
perlOr Courts of the Territories to appoint without
lmi alton, commissioners who are to be chargei
WITH the performance of quasi judicial duties The
fifth section empowers the commissioners so to be Sc
ected by the courts to appoint in writing underther
tft,t,l
scrbed by the bill.
These numerous official agents are made to consti-
tute sort or ponce, IN addition to the military and
are authorised to summon q posse conitatus and
even to call to their aid such portion of the land and
naval forces OF the United States, of the militia
as may be necessary to the performance of the duty
with which they are charged" THIS extraordinary
power IS to he conferred upon agents irresponsible to
the Government and to the people, 10 whose number
the discretion of the commissioners is the 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. the militia, and the execution
OF the laws, are believed to be adequate for every
emergency which can occur in time of peace If it
should prove otherwise, Congress can at any time
amend those laws in such manner as. while subsery-
ing the public welfare, not leopard the rights in
terests, and liberties of the p9ople.
Ihe seventh section provides that fee of ten dol
lars shall! be paid 10 each commissioner in every case
brought before him, and fee Of five dollars TO his
deputy or deputies, for each person he they may
arrest and take before any such Commissioner"
with such other fees as may be deemed reasonable
by such Ccpmissioner.' in general for performrg
such other duties as may be required in the premi
ses" All these fees to be paid out of the Treas
ury of she United States whether there is a convic-
ton not; but in Of conviction they are to be
recoverable from tho defendant 1t seems to me that
under the influence of such temptations bad men
might convert any law however benifcent into an
instrument of persecution and fraud.
BY the eighth section of the bill the United States
Courts which sit onlyin one place for white citizens
ney land necessarily with the Clerk, although 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 moro speedy arrest and trial OF
persons charged with violation of this Act" and
thole the Judge and The officers of tie court must re-
main, up the order OF the President for the time
therein designated"
The ninth section authorizes the President or such
person as he may empower for that purpose 80 en-
ploy such part of the land and naval forces of the
United States, or of the militia shall be necessary
ton Of this Act" This Language seems 10 imply
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 il
Is intended to operate.
do not propose to consider the policy of this bill
To me the details o. the bill seem fraugbt with evil
The white race and the black Of the South have
hitherto lived together under the relation Of master
ana sIaye-egpifal owning abof. Now suddenly,
that relation is changed and as to ownership capital
and labor divorced. They stand now each master
OF itself In this new relation, being necessary
10 the other, there will be new adjustment which
both are deeply interested in making harmonious
Each has equal power in settling the terms. and if
lett TO the laws that regulate capital and labor il
confidently believed that they will satisfactorily work
out the problem. Capital il is true has more incl
ligence but labor is never so Ignorant as 70 undcr
stand its own interests, not to know its own value
and not to see that capital must pay that value This
bill illustrates this adjustment ItinterveneS between
capital and labor, and attempts to settle questions of
political eeOnomy through the agency of numerous
officials whose interest it will be to foment dscord
between the two races for the breach wdens their
employment will continue, and when it closed their
occupation will terminate
In all our history, All our experience as people
living under Federal and State law, no such system
as that contemplated by the details of this bill has
ever before been proposed or adopted. They estab
liSh for the security of the ooored race. safeguards
which go infinitely beyond any that the General
Government has ever provided for the white race In
fact the distinction of and color is by the bill
made to operate in fayor Of the colored and against
the white race. TheT interfere with the municipal
legislation Of the States, with the relations existing
exclusively between State and it, citizens or be-
tween inhabitants Of tho Statean absorption
and assumption of power by the General Government
which, If acquiesced III, must sap and destroy our
federatve system of limited powers and break down
the barriers which preserve the rights of the States
1t Is another step. or rather stride towards ceuTa
cation, and the concentration q all legislative pow
e:s n the kattoha Gogernment, The tendency of
the bill must be to resuSoitate the spirit of rebellion
and TO arrest the progress OF those influences which
are more closely drawing around the States the bonds
ofuaion and peace.
My lamented predecessor, in his proclamation of
the lst OF January 1868, ordered and declared that
all persons held slaves within certain States and
parts of States therein designated were and thence
forward should be free; and further that the xecu-
tive Government of the United States including the
military and naval authorities thereof would recog
niZe and maintain the freedom of such persons. This
guarantee has been rendered especially obligatory
and sacred by the amendment of tho Constitution
aboshing slavery throughout tho United States |
therefore fully recognize the obligation to protect
and defend that class of our people, whenever and
wherever it shall become necessary and to the
full extent compatible with the Constitution of
the United States. Entertaining these sentiments
it only remains for me q gay that will cheerfully
cooperate with Congress in any measure that may
be necessary for the protection of the civil rights of
persons throughout the United States Ly judicial
process under equal and impartial laws in conform
ity with the provisions OF the Federal Constitution
now return the bill to the Senate and regret that
in considering the bills and joint observation-disclosures
two in number-which have been thus rar submitted
for my approval, am compelled to withhold my as
sent from second measure that has received the
sanction of both Houses of Congress.
ANDREW JOHNSON.
WAsHISGToYrD D, c., March q, 1866.
SOUTHERN RECONSTRUCTEO
TESTIMONY OF GEN. LEE.