The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1866-04-10

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careful to confne them in the classes emu
tmerated in the above recited clause Of
| the Constitution This section Of the
lbill undoubtedly comprehendcd cases,
land authorizes the exercise of powers that
are not, by the Constitution, within; the
jurisdiction of the Courts of the United
States. To transfer themto those Courts
would be an exercise Of authority well
calculated to excite distrust and alarm on
the part of all the States, for the bill ap-
] plies alike to all Of them, las we'll to those
that have nat been engaged in rebel
llion.. 2
It may be assumed that this authority
lis incident to the powerAgfauted to Con.
gress by the Constitabion as recently
amended to enforce by appropriate legis-
lation the article declaring that neither
slavery nor involuntary servitude, except
as punishment for crime, whereof the
lparty shall have been duly convicted,
shall exist within the United States or
tany place subject to their jurisdiction.
/ 1t can not, however, be justly claimed
that with view to 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 atipres-
ent nowhere exists within the jurisdic-
ton of the United States; nor has there
been, nor is 1t likely there will be any
atempts toreyive it by the people of the
States. t a@ ~
However, il any such attempt shall be
made, it will become the dutyof the Cen
eral Government to exercise any and all
incidental powers necessary and proper
to maintain inviolate this Government
law of the freedmen. The fourth section
of this bill provides that officers and
agents ofthe Freedmen's Bureau shall be
empowered to make arrests, and that
other officers may be commissioned for
that purpose BY the President of the
United States.
/ 1t also authorizes Circuit Courts of
United States Superior courts of Terri
tories to appoint, without limitation,
commissioners, who are to be charged
with the performance of quasi. judicial
duties. The fifth section empowers the
Commissioners so to be selected by the
Court to appoint in writing one or more
suitable persons from time to time to ex
ecute warrants and other processes desi-
rable by the bill. q aos6
The numerous official agents are made
to constitutu.e sort Of police, ina addi-
tion to the military, and are authorized
to summon posse consitatus. and even to
-feall ito. their-1ia ssueA peAieasof the land
and naval forces Of the United States, OF
Of the militia, as may be necessary to the
performance Of the duty with which they
are charged. @ +.
This extraordinary power is to be cons
ferred upon agents irresponsible to Cow
ernment, to the people. to whose number
the description Of the commissioners is
the only limits, and in whose hands such
authority might be made terrible en-
gine of wrong, oppression and fraud -
The general statutes regulating land ma
val forces of the United States, the mill
tia andexecution of the laws are believed
to be adequate for any emergency which
can occur in time Of peace.
If it should prove otherwise, Congress
can atany time amend those laws in such
manner as, while subserving, the public
welfare, not to leopard the rights, in
terests and liberties Of thepeople.
The seventh section provides that a
fee of $40 shall be paid to each commits
sioner in every case brought before him,
and fee Of S. to his deputy or deputies
for each person he or they may arrest and
take before any such commissioner, with
such other fees as may be deemed rea-
sonable by such commissioner in general
for performing such other duties as may
be required in the premises.
All these fines are to be paid out of
the Treasury of the United States, whe-
ther there is conviction or not; but in
case of conviction, they are to be re-
ceivable from the defendant. It seems
to me that under the influence of such
temptations, bad men might convert any
law, however beneficial, into an instru-
mentof persecutioniand fraud. sB
BY the twenty eighth section, of the
bill the United States Courts, which sit
only in one place for white citizens, must
migrate with the Marshal and District
Attorney. and necessarily with the Clerk,
although it is not mentioned, to any part
of the district, upon the order of the
President, and there hold. a 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 Off
GERS of the court must remain upon the
orderof the President for the time .here-
in designated. !,
The ninth section authorizes the Pres
ident, or such person as he may empower
for that purpose, to employ such part Of
the land and naval forces of the United
States, or Of the militia, as shall be me-
cessary to prevent the violation and en-
1 force the execution Of this act. This
language seems to empty permanent
military force that is always to be
at hand, and whose only business is to
be the enforcement Of this; measure over
the vast region where it is intended to
/ operate. 4A IS ssf2
t6aT do not propose to consider th : policy
of this bill. To ME thes details of the
! bill are fraught with evil. The white
race and black race Of the South have
hitherto lived. together under the rela-
Il. Il ...o 20 I. ~