Year: 1866

duty OF Judicial decision and converts the State Judge
INTO mere ministerial officer, bound to decide ac-
cording to the will of Congress.


1t IS clear that in States which deny to persons
whose rights are secured by the first section of the
oil any one of those rights all criminal and civil
cases efecting them, will by the provisions of the
third section come under the exclusive cognizance
ot the Federal tribunals 1t follows that if in anv
state winch denies to cOlored person any one of all
dn"?e nose rights, that person should commit a crime
any other crime, all protection aud punishment
through the laws of the State are taken away, and
courfS fn qhy my ?e ted and punished in the Federal
foursS; How Is the criminal to be tried? If the of


Tense Is provided for and punished by Federal law


'iT + "a iaw Wa ana not the stat aw. is to govern


within the purvew of Federal law that the Federal
GeS are 10 Try and punish him under any other law


InGn resort is to be had to the common law, as
modhed and changed" by State legislation. so far
as the same is not inconsistent with the Constitution
vast domain of criminal Jurisprudence provided b9
saca State for the protection of its own citizens an6
10! the punishment Of all persons who violate its cri


mlnal laws, Federal law wherever it can be made to
apply, displaces State law.


Inc question here naturally arises from what
source Congress derives the power to transfer TO
Federal tribunals certain classes of cases embraced
in this section! The Constitution exnressI 5ociar


that the judicial power Of the United States shall ay


eu 70 all cases IN law and equity arising under this
Constitution the laws Of the United States and tran
ties made, or which shall lie made under their an
thorlty In all cases affecting ambassadors other public


MINISTER'S and consus; to all Of admiralty and
maritime jurisdiction; to controversies to which the
united states shall be party; to controversies be-
tween two or more States, between State and cti-
different
States. between citizens of tho same State cIni,


land grants of different States and between a Stale
or the citizens thereof and foreign states citizens or


Here the judicial power of the United States is ex
presSiy set iortn and d:ned and the act of Septem
per ~ I'e9, establishing the judicial courts of the
United States in comforting upon the federal Courts
yursulction over eases originating in State tribunals
Is careful to conine them TO the classes enumerated
IN the above recited clause of the Constitution This
Se9tlon OF the bill undoubtedly comp1ehends cases
and authorizes the exercise of powers that are not
nf fhn
Courts OF the United States. To transfer them to
calculated to excite dstrus and alarm on be mart Of
all the States for the bill applies alike to all Of them


as well to those that have 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 appropriate
legislation, the article declaring that neither say-
cry nor involuntary servitude except as a punish
nent for crime, whereof the party shall have been |
duly convicted, shall exist within the United States
or any place subject TO their jurisdiction" It cam
the enforcement OF this article of the Constitution
there is at present necessity for the exercise of
all the powers which this bill contcfs.


Slavery has been abolished and at present no. |
where exists within the jurisdiction of the Tinted
States; nor has there been is it likely there will
be any attempt to revive it. by the people or the |
1t will then become the duty of the General Govern
nent to exercise any and ali incidental powers neces
say and proper to maintain inyoate this great con-
Sltutlonal law Of freedom.


The fourth section Of the bill provides that officers
and agents OF the Freedmen's Bureau shall be en- |
powered to make arrests and also that other officers


may be specially commissioned for that pi rpose by
the PRESIDENT OF the United States. It also author


ZeS CIRCUIT courts OF the United States and the
peror Courts of the Territories to appoint without
limitation, commissioners, who to be charged |
Saih me performance OF quasi Judicial duties. The
NTH section empowers the commissioners so to be Sc


eced by the courts to appoint in writing under their
hands, one or more suitable pers from time to
tme 70 execute warrants and other processes de- |
scribed by the bill.


These numerous official agents are made to consti-
tute sort OF police in addition to the military and
are authorised to summon q posse comitatus and |
call to their aid such norton of the Land Snd
naval forces of the United States or of the militia


as may be necessary to the performance of the duty
with which they are charged" THIS extraordinary |
power Is 10 he conferred upon agents irresponsible TO
the Government and to the people, whose number
the discretion of the commissioners is the only limit
and IN whose hands such authority might be made
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 at any time |
amend thHSe laws IN such manner as, while subSery-
ing the public welfare not to leopard the rights in
terests, and Liberties Of the people.


The seventh section provides that fee of ten dol


lars shall be paid TO each nmissoner in every case
brought before him, and fee Of five dollars 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 reasonable
by such Ccmmissoner.' in general for performing |
scs All these fees to be paid out of the Treas
ury Of She United States whether the is conyic-
H..
recoverable from tho defendant 1t seems to me that
under the influence of such temptations bad men |
might convert any law, however benitcent, into an
instrument of persecution and fraud


BY the eighth section of the bill the United States
Courts which sit onlyin one place for white citizens
must migrate with the M2rGhas ami District Attor-
ney. land necessarily with the Clerk although he is
not men toned TO any part OF the District, upon the
order OF the President and there hold court 'for
the purpose of the speedy arrest and trial OF
persons charged with violation Of this Act" and |
hela the Judge and The officers of tie court must re-
the o the President he me
therein designated"


The ninth section authorizes the President or such
person as he may empower for that purpose TO en-
plOy such part of the land and naval forces of the
United States, or of the militia, shall be necessary
to prevent the violation and enforce the due execu-
ton Of this Act" This language seems 10 imply
permanent military force, that is to be always at
hand and whose only business is to be the enforce
ment OF TINS measure over the vast region where it
is intended to operate


do propose to consider the Policy of this bill
10 me the details O. the bill seem fraugbt with evil
The white and the black race of the South have
hitherto lived together under the relation of master
ana SlaYe-c9pltal owning lab0-, Now, suddenly, |
that relation Is changed and to ownership capital
and labor ara divorced. They stand each master
OF Itself In TINS new relation, being necessary
TO the other, there will be new adjustment which |
both are deeply interested in making harmonious.
Each has equal power in settling the terms and If
left to the laws that regulate capital and labor il
ndently believed that they will satisfactorily work
out the problem Capital il is true has more mel
ligence but labor is never so Ignorant as to under
stand its interests, not to know its own yaIue
and not to that capital must pay that value This
bill illustrates this adjustment. ltnervenes between
capital and labor and attempts to seLte questions of
political eeOnomy through the agency of numerous
otlcias whose interest it will be to toment dscord /
between the two races for the breach wdens their
employment will continue and when is closed their
occupation will terminate,


In all our AStqrS IN all our experience people
living under Federal and State law, no such system
as that contemplated by the details of this bill has
ever before been proposed or adopted. They estab-


Sh for the security of the oolored race safeguards
which go infinitely beyond any that the General |
government has ever provided for the white race In
fact the distinction of and color is by the bill
made to operate in fay9r Of tue colored and against
the white race They interfere with the municipal
legislation Of the States with the relations existing
exclusively between State and it, citizens, or be-
tween inhabitants of the State-an ABSORPTION
and assumption of power by the General Government
which, If acquiesced in, must sap and destroy our |
tederatlye system of limited powers and break down
the barriers which preserve the rights of the States
1t Is another STEP rather stride towards cenraii-
zation, and the concentration af all legislative pow
ers N the Eal,oLal Go{ernllent The tendency of |
the el must ne TO resusoltate the spirit of rebellion
and to arrest the progress Of those influences which
of union and peace.


My lamented predecessor. in his proclamation of
the st OF January 1868, ordered and declared that
all persons held slaves within certain States and
parts OF States therein deSgna ted and thence
forward should be free; and further that the Execu
tive GoV9rnment OF the United Statos Including the
military and naval authorities thereof would recog-
nize and maintain the freedom of such persons. This
guarantee has been rendered especially obligatory
and sacred BY the amendment of the Constitution
abolishing slavery throughout tho United States. |
therefore fully recognize the obligation to protect
and defend that class of our people whenever and
wherever 1t shall become necessary, and to the |
full extent compatible with the Constitution Of
the United States. Entertaining these sentiments
1t only remains for me e gag. that will cheerfully
cooperate with Congress in any measure that NAV
be necessary for the protection of the civil rights of
the freedmen well those of all other classes of
persons throughout the United States, ay Judicial
process under equal and ,apartiai laws in conform
lty with the provisions OF the Federal Constitution


| now return the bill to the Senate and regret that
in considering the bills and joint resoutions-ory-
two in number-which have been thus far submitted
lor my approval, am Compelled to withhold my
sent from second measure that has received the
sanction of both Houses of Congress-


WAsHINGToNrD D. c., March 81 1866.


SOUTHERN RECONSTRUCTIOE-T


TESTIMONY OF GEN. LEE.


Mr.. Conkling, from the Joint Committee of Fif-
teen reported % tho House yesterday large amount