The south-western. [volume] (Shreveport, La.) 1852-1870, 1866-04-04

GER bound to decide according to the will of congress
1t clear that in States which deny to persons those
rights secured by the first section of the BILL any
one of those rights, all criminal and civil eases con
meeting will by the third section come under the
ecutiYe cognisance of the federal tribunals
1t follows that if any State which denies to a coored
person any of all these rights that a person should
commit crime against the laws Of the State murder
or any other crime all prosecution and punishment.
The courts of the State taken away and he only
be tried and punished in federal court How is the
criminal to be tried if the ofense is provided for and
punished by the federal law The law, and not the
State law; is to govern. 1t is only when the oense
does not happen be within the jurisdiction of the
federal law that the federal try and pun
ish him. Under any other law than this resort is to
be had to the common law modified and changed
by State legislation, far the same is not incon-
sistent with the constitution and laws of the United
States. SO that over this vast domain of criminal ju-
rsprudence provided by each State for the protection
of its citizens for the punishment of all her sons
who violate its criminal laws federal law wherever it
can be made to apply, dspaces State law The ques-
ton here naturally arises from what sources congress
derives the power to transfer to federal tribunals
tain classes OF cases embraced in this section. 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 and which shall
hereafter be made under their authority to all cases
affecting ambassadors or other public ministers and
cOlSulS 10 all cases OF admiralty maritime
ton to controversies to which the United States shall
be party, to controversies between two or more
States, between State and citizens of another State
between citizens of different States between citizens of
the same States, claims land under Intermediates and
between State or the citizens thereof and foreign
States, citizens or subjects. Here the judiciary pow
ers Of the United States is expressly set forth aud de-
fined and the act of September o. 1882 establishing
the judicial courts Of the United States in comforting
upon the federal courts jurisdiction over cases 0rgna
ting in State tribunals is careful to confne them to
the clauses enumerated in the above rected clause of
the constitution. This section Of the bill undoubtedly
comprehended the cases and authorizes the exercise
of powers that not by the constitution within the
jurisdiction Of the courts Of the United States. To
transfer them to those would be exercise of
authority well calculated to excite dstrust and alarm
the part of all the States for the bill applies alike
to all OF them have to those of them that have
not engaged ia the rebellion 1t may be assumed that
this authority is incident to power granted congress
by the constitution recently amended to enforce
due appropriate legislation the article declaring that
neither slavery involuntary serYitude except as
punishment fer crime, and the party thereon be duly
convicted shall exist within the United States or any
place subject to their jurisdiction 1t cannot, how
ever be justly claimed that with view to the enforce
meut of this article of the constitution, there is at
present any necessity for the exercise of all the DOW,
ers which this bill confess Slavery has been abol-
ished and at present nowhere exists within the iu-
rsdction Of the United States, nor has there been,
morris it likely there will be, any attempts to revive it.
by the people Of those States.
If, however, any such an attempt should be made
it will become the duty of the general government to
exercise any all incidental powers necessary and
proper to maintain inviohte this government and laws
of the freedmen
The fourth section of is bill provides that officers
and agents of the freedmen's bureau shall be empoW-
cred Ito make arrests and that other officers may be
specially commissioned for that purpose by the presi
dent Of the United States. 1t also authorizes circuit
courts Of the United States, and superior courts of
territories, to appoint, without limitations commits
sonefs who are to be charged with the performance
of quasi judicial duties. The fifth section empowers
the commissioners to be selected by the court as to
appoint in writing suitable persons from
time to time to execute processes &c. The numerous
officials and agents made constitute a sort of
police, in addition to the military and authorised
to summon posse coitatuS 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 to be conferred
upon agents irresponsible to the government and to
the people, Of whose number the discretion of the
commissioners is the onlyrlinit and in whose hands
such authority might be made terrible engine of
wrong, oppression and fraud. The general statutes
regulating the land and naval forces Of the United
States and the execution Of the laws are believed to
be adequate to any emergency which COnvenes in time
Of peace If it should prove otherwise congress can
at any time amend those laws in such a manner as
while subscribing the public welfare will not ieopardise
the rights interests and liberties of the people. The
seventh section provides that fee Of ten dollars shall
be paid to each commissioner in every case brought
before him, and fee of five dollars to his deputy or
deputies for each person he or they may arrest and
take before any such commissioner, with such after
fees as may be deemed reasonable by such commits
soner in 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 any conviction or not but in of
conviction they are to be recoverable from the de-
fadapt. It seems to me that under the influence of
such temptations, bad men @'gh' convert any law,
however benefceDt into an is trument Of persecution
and fraud By the eighth section OF the bill the
United States courts which sit only in place for
white citizens mast mi crate with the marshal and dis
trict attorney and necessarily with the clerk al
though he is not mentioned, to any part of the dis
trct upon the order of the president and there hold
courts for the purpose of more speedy arrest and
trial of persons charged with violation of the act
and there the Judge and officers of the court must
remain upon the order of the president the time
therein designated. The ninth section authorizes the
president such person he may empower for that
purpose to employ such part of the land or naval
forces or of the militia shall be necessary to pre-
vent the violation and enforce the due execution 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 mea-
the vast region where it is intended to ope
rate do not propose to consider the policy of this |
bill To the details of the bill are raught with
evil. The white and the black of the south
have hitherto lived together under the relations of
master and slave.
Capital owning labor, now that that relation is /
changed, and to ownership, capital and labor are
divorced, they stand now each master of itself In
this relation one being necessary the other,
there will be adjustment which both deeply in
terested in making harmonious. Each has equal
power in settling the terms, and if left to the laws
that regulate capital and labor, it is confidently be-
lieved they will satisfactorily work out the problem
Capital, it is true has intelligence but labor is
never so ignorant not to understand its own nte-
rest not know its value not see that capital must
pay the value. This bill prostrates this adjustment
1t uteryenes between capital and labor and attempts
to settle question of political economy This agen
cy of numerous officials whose interest it will be to
foment discord between the two races, for, as the
breach widens, their employment will continue, and
when it is closed their occupation will end In all our
history, in all experience as people, living under
federal and State laws no such system as that con-
templaed by the details of this bill has before
been proposed adopted They establish for the
safety Of the colored and against the white They
interfere with the municipal legislation of the States
with relations existing exclusively between State and