The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-03-29
prisonment.

prisonmsnt. |
The Legislative department of the govern.
msnt OF the United States thus takes from |
she judicial department. of the states the 80 /
cred and exclusive duty of judicial dsci-
sion, and converts the state Judge into |
more ministerial officer, bound to decide ae
oording to the will of congress. Il is clear
that in states which deny to persons whose
rights are occurred by the FIRST section of the
bill any one Of those rights, all criminal and
civil cases affecting them will, by the provi.
sions of the third section, come under the
exclusive cognizance of the fed ,ral tribunals.
IL follows that if, in any state which denies
to colored person any one of those rights,
that person should commit . crime against
the laws of the state-murder, or any other
crine-all protection and punishment thro'
the courts OF the state are taken away, and
he can only be tried and punished in the
federal courts. How is the criminal to be
tried if the offence isnot provided for and pun
ished by federal lawf That law, and not
the state law, is to govern. It is only when
the offence does not happen to be within the
purview Of federal law that the federal courts
are to try and punish him under any other
law. Then resort is to be had to the COM
mon law, as modified and changed by state
IeRleidblOu, 30 lbT ds tut edlUt ID UUt lUCOU-
sistent with the constitution and laws of the
United 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 ali persons who
violate it's criminal laws, federal law, wher-
ever it can be made to apply, displsees state
law.
The question here naturally arises, from
what source congress derives the power to
| transfer TO federal tribunals certain classes
of cases embraced in this section. The con-
| stitution expressly declares that the judicial
power of the United States shsll extend to
all cases in law and equity arising under
| this constitution, the laws of the United
States, and treaties inside or which shall be
made under their authority; to all cases al
| fecting ambassadors or other public ministers
and consuls TO all cases Of admiralty and
| maritime Jurisdiction 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 state claiming land un-
der grants Of different states and between q
| state, or the citizens thereof, and foreign
states, citizens, or subjects.
Here the judicial power of the United
States is expressly set forth aud defined, and
the act of Sept. "a, 1879, establishing the
judicial courts of the United States, in con
ferring upon the federal courts jurisdiction
over cases originating in state tribunals, il
careful 10 conhne them to the classes enum
Grated in the above recitsd clause of the con
stitution.
| This section OF the bill undoubtedly com
prehends cases and authorizes the exercise oil
powers that not, by the constitution
| within she Jurisdiction OF the courts of the
United States. To transfer them TO those
courts would be an exercise OF authority vel
calculated TO excite distrust and alarm on the
part OF all the states, for me bill apple,
alike to all Of them, as wei to those thai
have as to those that have not been engaged
in rebellion. 1t may be assumed that this
authority ia incident to the power granted Il
congress- by the constitution, as recently am
ended, to enforce by appropriate legislation,
the article declaring that neither slavery mol
involuntary seryitude, except as punish
ment for crime whereof the party shall have
been duly convicted, shall exist within the
United States or any place subject 70 their
Jurisdiction. LIZ cannot, however, be justly
claimed that with view 20 the enforcement
of this article of the constitution, there is at
prescott any Necessity fer the exercise of all
the pow ers which this bill confers. Slavery
has been abolished. and az present nowhere
exists within the jurisdiction of the United
States. nor has there been. nor is II likely
there will be, any attempts to revive ID by
the people CT the states. However, If any
such attempt shall be made, 1t will then be-
come the duty of the general government to
exercise any and ali incidental powers neces-
ssTy and proper to maintain inviolate this
goverpmen: law of the freedmen.
The fourth section of this bill provides that
officers and agents of the f-eeduen's bureau
shall be empowered 20 make arrests, and also
that other officers may be especially COMMITS
STONED for that purpose by the president OF
the United States. IL also authorizes circuit
courts of the United States, and the supreme
courts of the territories, TO appoint, without
/ limitation, commissioners who are to be
charged with the performance of quasi Judi.
cisl duties.
The fifth section empowers tbs commits.
sioners to be selected by the court TO appoint
in writing one or more suitable persons from
time to time to execute warrants and other
processes provided fer by the bill. These
numerous officials and agents are made *
constitute a e0-t Of police in addition to the
military, and are authorized to summon
posse comitatus, and even to call to their ait
such portion of the land and naval forces o.
the United States or OF tue militia ss may
be necessary to the performance of the duty
with which they are charged. This extra
ordinary power is TO be conferred upoi
! agents irresponsible to the government or Z.
the people, TO whose number the discretion
Of the com u issioners is the only limit. anC
) in whose hands such authority might b.
made a terrible engine Of wrong, oppression
and fraud.
The general statutes regulating the land an'
naval forces of the United States, the militia
and the execution Of the laws, believed to b,
: adequate for any emergency which occur il
time OF peace. If it should prove otherwise
congress can at any time amend those laws i,
snch manner as, while subscribing the public wei
fare, not to jeopardize the rights, interests. AM