The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-04-03

taM enaC tne Federal Courts are to try and
pan,sh paana4 ). hln IN under any other law. Fhen
modified and changed" by State legislation.
SO far as the same is not inconsistent
| Win the Constitution and laws of the
United States" So that over this vast do
nam OF CRIMINAL Jurisprudence provided
,;es y, eaon esa.9 @ 1Si tnY protection OF it's own
persons who violate it's criminal laws, Fede-
| raj law, wherever it can be made to onnI,,
| displaces State law. st''
The question here naturally arises. from
what source Congress derives the power
to transfer to Federal tribunals Ger.
tain classes of cases embraced in this
section? The Constitution expressly de-
clares that the judicial power of the United
| States shall extend to all cases in law
and equity arising under this Constitution.
| the laws OF the United States and treaties
made, or which shall be made, under their
authority; to all cases affecting ambassa-
doris. other public ministers, and consuls:
to all cases OF admiralty and maritime
lur1sd1ctlon; to controversies to which the
United States shall be q party; to contro-
versles between two or more States. be-
tween State and citizens Of another State,
between citizens of different States, be-
tween citizens of the same State claiming
land under grants of different States. and
between State, or the citizens thereof.
and foreign States, citizens or Subjects
Here the judicial power of the United
states Is expressly set forth and defined;
lishing the Judicial Courts of the United
States, in comforting upon the Federal
Courts jurisdiction over cases originating
IN State tribunals, is careful to confine them
to the classes enumerated in the above
reclted clause of the Constitution. This
section of the bill undoubtedly compre-
hends cases and authorizes the exercise of
powers that are not, by the Constitution,
within the jurisdiction of the Courts Of
the United States. To transfer them to
those Courts would be an exercise of au-
thorlty well calculated to excite distrust
for the bill applies alike to all of them. as
well as to those that have as to those that
have not been engaged jim rebellion
1t may be assumed that this authority is
incident to the power granted to Congress
oy the Constitution, as recently amended,
article declaring that "neithcr slavery nor
involuntary servitude, except as a punish
ment for crime, whereof the party shall
have been duly convicted, shall exist with
in the United States or any place subject
to their jurisdiction" 1t cannot, how
to the enforcement of this article of the
Constitution, there is at present any ne
cesslty for the exercise of all the powers
which this bill confers
Slavery has been abolished, and at pre-
sent nowhere exists within the jurisdiction
nor is it likely there will be, any attempt to
revive 1t by the people or the States. If,
however, any such attempt shall be made.
1T will then become the duty of the General
government to exercise any and all incl
dental powers necessary and proper to
law of freedom
Ihe fourth section of the bill provides
that officers and agents of the Freedmon's
bureau shall be empowered to make ar
rests, and also that other officers NAV be
specially commissioned for that purpose by
the President Of the United States. 1t
also authorizes Circuit Courts of tho
United States and the Superior Courts Of
the Territories to appoint, without limita-
ton, commissioners, who arc to be
charged with the performance of quasi
jud cial duties. The fifth section empow-
ers the commissioners so to be selected by
the Courts to appoint, in writing under
their hands, one or more suitable persons.
from time to time, to execute warrants and
other processes described by the bill.
These numerous official agents are made
to constitute sort of police, in addition
to the military, and are authorized to sum
mon posse conlitatus, and even to call to
their aid snch portion of the land and
naval forces OF the United States, or of the
militia, 'as may be necessary TO the per-
Torrance Of the duty with which they are
charged" This extraordinary power is to
be conferred upon agents irresponsible to
the Government and to the people, to
whose mum Der the discretion Of the com
mlssloners Is the only limit, and in whose
hands such authority might be made q
terrible engine Of wrong, oppression and
fraud. The general statutes regulating
the land and naval forces of the United
States, the militia, and the execution of
the laws, are believed to be adequate for
every emergency which can occur in time
OF peace. If it should prove otherwise.
Congress can, at any time, amend those
laws in such manner as, while subscribing
the public welfare, not to jeopardize the
rights. interests and liberties Of the peo-
pie. fo0
The seventh section provides that a fee
or ten dollars shall be paid to each COM
missioner in every case brought before
him, and a fee of five dollars to his deputy
or deputies 'sfor each person he or they
may arrest and take before any such COM
missioner" with such other fees as nav
be deemed reasonable by such commission
er," ''ln general for performing such other
duties as may be required in the premises"
All these fees are to be 'spaid out of the
Treasury of the United States" whether
there is conviction or not; but in case of
conviction, they are to be recoverable from
the defendant. 1t seems to me that under
the influence of such temptations, bad
men might convert any law, however be-
nIhlcent, into an instrument of persecu-
ton and fraud.
By the 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