The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1866-05-05
PRICE FIVE CENTS.

tdDllSnlnR ulc Juulclttl courts Ol ule UNI
ted States, In comforting upon the Fed
eral Courts jurisdiction over cases origi-
mating in State tribunals, is careful to
contine them to the classes enumerated
in the above rccited clause of the Con-
stitution. This section of the bill un-
dOubtedly comprehends cases and au-
thorizes the exercise of power that are
not, by the Constitution, within the ju-
risdiction of the Courts of the United
States. To transfer them to the Courts
of the United States would be an eXer-
else of authority well calculated to ex-
cite distrust and alarm on the part of all
the States, for the bill applies alike to
all of them as well to those that have
as to those that have not been engaged
in rebellion. 1t may be assumed that
this authority is incident to the power
granted to Congress by the Constitution,
as recently amended, to enforce by APP
propriate legislation the article dccar-
ing that neither slavery nor involunta-
ry servitudc, except as a punishment
for crime, whereof the party shall have
been duly convicted, shall exist within
the United States, or any place subject,
to their jurisdiction.
1t cannot, 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 at pre-
sent nowhere exists within the jurisdic-
ton of the United States, nor has there
been, nor is it likely there will be, any
attempt to renew it by the people of the
, States. If, however, any such attempt
shall be made, it will become the duty
of the General Government to exercise
any and all incidental powers necessary
) and proper to maintain inviolate the
: great law Of freedom.
The fourth section of the bill provides
that officers and agents of the Freed
: mems Bureau shall be empowered to
/ make arrests, and also that other officers
may be specially commissioned for that
purpose by the President of the United
States. 1t 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
f Of quasi-judicial duties.
Y The fifth section empowers the COM
: missioners, 50 to be selected by the
= Courts, toappoint in writing under their
e hands one or more suitable persons,
!, from time to time, to execute warrants
=, and other prosecutions desired by the
Il bill. These numerous official agents are
made to constitute a sort of police in adj
: dition to the military, and are authoriz.
+ ed to summon a posse c0WHatttS, and
even to call to their aid such portions oi
: the land and naval forces of the United
J. States, or of the militia, as may be
u necessary to the performance of the duty
4 with which they are charged. This eX-
+ traordinary power is to be conferred up
: on agents irresponsible to the Govern
+ ment and to the people, to whose mum.
f Der the discretion of the commissioners
: is the only limit, and in whose hands
+ such authority might be made a terrible
@ engine of wrong, oppression, and fraud.
The general statutes regulating the
| land and naval forces of the United
q States, the militia, and the execution OF
the laws, are believed to be adequate for
every yemergencywhich can occur intime
j., of peace. If it should prove otherwise
- Congress can at any time amend those
! laws in such manner as, while subserv-
. ing the public welfare, not TO ieopardize
= the rights, interests, and liberties Of the
people.
q The seventh section provides that a
g fee of ten dollars shall be paid to each
| commissioner in every case brought be-
p fore him, and fee of five dollars to his
T. deputy or deputies for each person he or
I they may arrest and take before any such
q commissioner, with such other fees as
| may be deemed reasonable by such COM
missioner in general for performing such
p other duties as may be required III the
i, premises. All these fees are to be paid
e out of the Treasury of the United States
whether there is conviction or not
I Dul Ill CttSt ol COilN lCllpll lhVN dlN w w
recoverable from the defendant ltsecn,
=, to me that under the influence of sucl
temptation bad men might convert any
!, law, however benciicent, into an instru
a ment of prosecution and fraud.
l. BY the eighth section of the bill the
$ United States Courts, which sit only il
i one ulace for white citizens, must mi
e crate, the marshal and district-attorney
n and necessarily the clerk, although ht
If is not mentioned, to any part OF the dis
), trict, upon the order of the President
o and there hold court, for the purpose
= Of the more speedy arrest and trial o
Il persons charged with a violation of this
o act and there the judge and the officer
/ of the court must remain, on the order
: ofthe President, for the time designated
: The ninth section authorizes the Presl-
II dent, or such person as he may empoW'
Il er for that purpose, to employ such part
II of the land or naval force of the United
d states, or of the militia, a. shall be ne
Il ccssary to prevent the violation and en-
II force the due execution of this act. This
J. language seems to imply an important
5 military force, that is to be always at
hand, and whose only business is to be
d the enforcement of this measure over
: the vast region where it is intended tC
= operate.
II / do not propose to consider the poll