The Carolina Spartan. [volume] (Spartanburg, S.C.) 1852-1896, 1866-04-12

commit crime against the laws of a State
uroer' ~ arson, rape, or any other crime
all protection and punishn ent, through
the courts 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 offence is provided for
and punished by Federal lawi That law.
and no. the State law, is to govern. 1t
was only when the offence does not happen
to be within the province of Federal law
that the Feieral Courts are to try and
punish him under any other law. Then
resort Is to be had to common law. as mod.
ified and changed by State legislation, so
lar as the same Is not inconsistent 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 citizens, and for the
punishment OF all persons who violated its
criminal laws. Federal law. wherever it
can be made to apply, distances State law
The question here naturally arises from
what source Congress derives the mower 70
transfer to Federal tribunals certain 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 ana equity, aris-
ing under the Constitution, the laws of the
United States, snd treaties made, or which
shall be made, under their authority. n
all cases affecting ambassadors or other
pubic ministers and consols; to all cases
OF admiralty and mari.ime jurisdiction to
controversies to which the United States
snali De party; to controversies between
TWO or more States; between State and
citizen of another State between citizens
OF different States, and between a State mr.
the citizens thereof, and foreign States, cit
ihehs or subjects" Here the judicial pow
er OF the United States is expressly set
forth and defined and tho act of Sentem.
Der ~, 1889, established the judicial
courts OF the United States, in conf.rrinp
upon the Federal Courts jurisdiction over
cases originating in State tribunals. is care
ful to conhne them to the classes enumera.
ted In the above recited clause of the Con.
stitution. This section of the bill un-
aoubtedly comprehends cases and au, thor
ICES the exercise of powers that are not bv
the Constitution, within the Jurisdiction ot
the Courts Of the United States To trans
ter them to these courts would be an eyer
cise OF authority we'll calculated to excite
distrust and alarm on the part Of the States,
Tor the bill applies alike to all of them. as
well as to those that have not been enpap
ed IN rebellion. 1t may be assumed that
TINS authority is incident to the power
granted to Congress by the Constitution ~
recently amended to enforce by appropriate
legislation the article declaring that neither
slavery nor involuntary servitude, exoept
as punishment, for crime whereof the
party shall have been duly convicted. shall
exist within the United States. or any
place su "ject to their jurisdiction. IL can.
not, however, be justly claimed that, with
view 10 the enforcement OF this article of
the Constitution, there is at present any
necessity tor the exercise OF all the bowers
which this bill confers Slavery has been
abolished, and at present no where exists
within the jurisdiction Of the United States.
NOT has there been, nor is ii likely there
VIII De any attempts to revive II by the
people OF the States. If, however. any
such attempt shall be made, it will then
become the duty Of the General Govern
iheht 10 exercise any and all incidental
''J ubu proper 10 MAINTAIN
invlolate this great law of freedom. The
fourth section of the bill provides that off
GERS and agents of the Freedmen's Bureau
shall be empowered to make arrests, and
also that other officers may be specially
commissioned for that purpose by the Pre-
sIdent OF the United States. jt olso an
thorlzes the Circuit Courts OF the Un;,ed
States and the Superior Courts of the Ter.
ritories, to appoint, without Limitation.
commissioners who are to be charged with
the performance of quasi judicial duties.
The fifth section empowers the Commis-
sloners so to be selected by the Court, to
appoint, In writing, one or more suitable
persons from time to time to execute war.
rants and other processes desirable by the
Dill. these numerous official agents are
made to constitute sort of police in add;.
ton to the military, and are authorized to
summon posse co comitdtms. and even to
call to their aid such portisn of tho land
and naval forces Of the United States, or OF
the militia as may be necessary TO the
performance of the duty with which thew
are charged" This extraordinary mower
Is to be conferred upon agents IRRESPONSIBLE
to the Government and to the peonle r.
whose number the discretion OF the Com
missioners is the only limit. and in whose