New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-30
CIRCUmsrANCEs ALTER CASES.
section 9 of the Civil Rights bill is as follows

I 1cfrltOTy UtTl!TVHtUH
protected by this act to punishment pains and pen
altics on account Of snch person having at any time
been held in condition Of slavery or involuntary ser
for The cf or by the
Of his color than u prescribed Tor the punish
ment Of white persons. shall DO deemed guilty OF ms
demesnor and conviction shall be punished by nhe
not exceeding $1,000, or imprisonment not exceeding
one year. or both in the discretion OF the court
Whereof the President in his veto message
says:
The legislation thus proposed invades the Judicial
power Of the State II says 10 every State court or
udge- you decide that this act unconstitutional;
If you refuse under the prohibition OF state law 70
allow negro testify; If you hold that over such
subject matter the said law paramount and under
color Of law refuse the exercise OF the right to
the negro your OF judgment however conseien'
tious. shall subject you TO fine and imprisonment
Which might have been equally applied to
the following in the Fugitive Slave act, passed
by Democratic Congress whereof MIR. John
son was of the majority in September, 1850:
That Il shall be the duty Of all marshas and depu-
~ marshas to obey and execute all warrants ana pre-
cepts issued under the provisions OF this act when 70
them directed and should any marshal or deputy mar
sha refuse 10 receive sucn warrant or other process
when rendered 10 all proper means digenty 10
execute the same. he shall conviction thereof be
fined in sum OF si.ooo. to the use Of such claimant
And to this:
And the certificates in this and the first section
mentioned (reierrbg TO certificates OF commissioners
uagstraics) shall be conclusive Of the rights OF the
person or persons In whose favor granted 10 remove
such yiiye 20 the State Territory from which he
escaped ard shall prevent all moeststion Of such per-
son persons by any process issued by any court.
judge. MAGISTRATE. or other pcrson wbomsOeyer.
| SEc. !. That any person who shall knowingly and
Willingly obslruct hinder or prevent, &c. &c either
with without process Aforesaid SHALL Tor either OF
said ofcnses, be subject 10 fine not exceeding one
thousand dollars and imprisonment not exceeding SIX
months.
And does not the following Presidential OBJ
lection also apply equally to both
In Other words when a State Judge. acting upon o
question involving conflict betw cen State law and
/ Federal law, and bound. according 70 his own iudg
ment and responsibility. TO give an impartial decision
between the two comes 20 the conclusion that ne State
law IL valid and the Federal law s invalid. he must not
follow the dictates of his own Judgment at the peril OF
/ fine and imprisonment.
President Johnson says further:
The foofth section Of the bill provides that officers
and acests OF the Freedm Bureau shall be empow.
cred 10 make arrests and also that other officers may
be spec ally commissioned for that purpose by the fres.
dent Of tie United Ststes IL also authorizes CIRCUIT
Coars Of the United States and the Superior Courts OF
th. Territories 20 appoint without limitation commits,
sioners Who TO b. charged With the performance or
! qBasi jadrial duties.
be selected hy the court to appoint In writing one or
NOR. suitable persons from time 20 time 10 execute
I
These numerous official agents made 10 constitute a
sort OF police In addition to the military and are au.
thoriyed to summon posse eons.Hs and even to call
20 their aid such portion OF the land and naval forces Of
the United States of the militia as may b. necos
sAry 20 The performance II the duty with which they
arc charged" This Extraordinary power is 10 BE-
ferred upon agents irresponsible to the Government
and 70 The people. 10 whose number the discretion OF
the comm the only limit and In whose hands
such authority might Do made terrible engine OF
wrong. oppression and fraud
There seems to have been no apprehension in
1880 that this extraordinary power" in the
hands of commissioners, might be made ter
rible engine of wrong, oppression, and fraud"
Section of the Fugitive Slave law is as
follows:
the Superior Courts Of each organized Territory OF the
United State, shall, from time to time. enlarge the
number Of commissioner with view TO afford reason.
able facilities 10 reclaim fsgityes from labor and 70 the
prompt discharge OF the duties imposed by this act
| SEC. L. That the commissioners above named shall
have concurrent Jurisdiction with Judges Of Circuit
and District Courts Of the United States. In their
respective circuits and districts within the several
Staes and the Judges Of the Superior Courts OF the
Territories severaly ard collectively In term time and
vacation
SECS. And the better to enable the said com
mssoners when tins appointed to execute their duties
faithfully and efficiently &C. &c, they hereby su
thorized and empowered within their counties respect
lively TO appoint In writing under their hands any ono
more suitable persons from time to time 10 execute
all such warrants and other as may be issued by
them In the lawful performance OF their respective du
ties with authority TO such commissioners. or the per
sons to be appointed by them 70 execute process as
ISLANDERS or posse oomifaus OF the county when neces
sry to insure the faithful observance OF the clause In
The Constitution referred TO- In conformity with the
Provisions Oh this ect - .,-
Tne Civil Rights bill provides that
II shall be the duty OF the Circuit Conrts Of the United
States and the Superior Courts OF the Territories Of the
Of Sp SSImissons 80 a. e ahord speedy and con
vment means for the arrest aad examination Oh persons
charged with violation Of this act.
SEC. s. That said commissioners shall nave concur
rat Jurisdiction with the Judges OF the Circuit anu
District Courts ofthe United States and the judges
ofthe Superior Courts Of the Territories seversy and
collectively. in term time and vacation
SEC g. - And the better to enable the said c0inmis
sioners 10 execute their duties faithfully and efficiently
In conformity with the Constitution Of the United
States and the requirements Of this act they are here
by authorized and empowered within their counties
respectively TO appoint in writing under their hands
one or more suitable persons from time to tme to exc
cute all such warrants and other process as may DO
Issued by them in the lawful performance OF their re-
spective duties. and the persons 80 appointed to exc
cute any warrant OF process as aforesaid shall have
authority summon and call to their aid the pysand
ers or posse eomiaEs Of the proper county or SUCH
portion Of the land naval forces OF the United States
or Of the militia az may be necessary to the perform
auce OF the duty with which they arc charged, and to
insure faithful observance OF the clause OF the Con-
stitution which prohibits Slavery. In conformity with
| the provisions OF this act.
Would not the same objections apply equally
then as nowi
The Fugitive Slave law provided that, in
all cases where the proceedings are before q
q commissioner, be shall be entitled TO fec Of
$40 in full for his services in each case" upon