Year: 1866

cheney OF ministerial officers always necessary for the
posed by this section seems be- this respect not only
anomalous but unconstitutional for the constitution
States the right of making and executing
laws in regard to all matters arising within their urisdic
with the constitution and laws of the United
the latter should be held to be the supreme law OF


The third section gives the district courts of the United
committed against provisions of this act and con.
jurisdiction with the circuit courts of the United
who denied cannot enforce in the courts Judicial


tribunals of the State locality where they be
the rights secured to them by the first section The
strucon which have given the second section strength
ened by this third section for it makes clear what kind of
ton contemplation. 1t is denial or deprivation
Of such rights Sin the courts or judicial tribunals OF the


1t stands therefore, clear of doubt that the offence and
the penalties provided in the second section intended


the State Judge who in the clear exercise of his unc
tons as judge not acting mnlsterlaly but judclay
when State judge, acting upon question involving
conflict between State law and federal law, and bound
an impartial decision between the two, comes to
the conclusion that the State law valid and the fed
law is invalid he must not follow the dictates of his
own judgment at the peril OF fine and imprisonment. The
legislative department of the government Of the United
States the sacred and exclusive duty of judicial decison
GER bound to decide according to the will of Congress


1t is clear that in States which deny to whose
rights secured by the first section of the bill of
those rights all criminal and civil cases affecting them,
by the provisions OF the third section under the





that it, any State which denies to coored person any
of all those rights that person should commit crime
other crime all protection and punishment Though the
courts of the State taken away, and he only be
tried and punished in the federal courts How the Grim
na to be tried II the offence is provided for and pun


shed by federal law, that law and not the State law
govern


only when the offence does happen be with
the purview of federal law that the federal courts to
try and punish him under other law Then resort is
to be had to the common law as modified and changed
by State legislation $50 far as the same not neonss
thp md Of
So that this vast domain of criminal Jurisprudence
provided by each @ State tor the tee OF its own G


its criminal laws federal law wherever it can be made to


The question here naturally arises from what source
Congress derives the to transfer to federal rbu
The constitution expressly declares that the judicial pow
of the United States sha extend to all in law
and equity arising under this constitution the laws the
United States, and treaties made, which shall be made
under their authority to all affecting ambassadors
other public ministers and consus to all of admi
ralty maritime Jurisdiction controversies which
the United States shall be party to controversies be-
tween two States; between State and citizens
of another State between citizens of different States be-
tween citizens Of the State claiming land under
grants OF different States and between State or the ct
thereof and foreign States, citizens or subjects"


Here the Of the United @ states is
establishing the judicial courts of the United States in
Originating in State tribunals careful conne them
the class enumerated in the above reced clause OF the
prehends cases and the exercise Of that
not by the constitution within the of the
|
courts would be exercise of authority well calculated
excite dsrust and alarm the part of all the States for
the bill applies alike to all of them, well to those that
have to those that have not been engaged in rebel
lion.


power granted Congress by the constitution recently
amended to enforce by appropriate the article
except punishment for crime whereof the party shall
6ave been duly eonvetea, sha e;1 E5n tne = nea
not however, be justly claimed that, With view to the





| which this bill confers.


Slavery abolished and at present nowhere
there been it likely there will be. attempt to
attempt be made will then become the duty of the gen
era to exercise any and all incidental powers
necessary and proper to maintain noate this great con-


The fourth section of bill provides that officers and
agents of the Freedmens Bureau shall be empowered to


make arrests and also that other officers shall be special
for that by the President of the
United States. It also authorizes the circuit
of the United States and the superior courts of the
to appoint wit without @ limitation
cial duties. The fifth section empowers the commission
under their hands one more suitable from tine
time warrants and other described
constitute sort of police, in addition to the military and
authorized to summon posse co5taus and even to
of States, of the militia, may be
the performance OF the duty with which they


This extraordinary power to be conferred upon agents
irresponsible to the government and to the people, to

only limit and in whose hands such authory might be
made terrible engine of wrong, oppression and fraud
The general statutes regulating the land and naval forces
of the United States and militia and the execution of the
laws believed to be adequate for every emergency
which time of peace. If it should prove 9th
erwse Congress at time amend those laws in such
while subscribing the public welfare, not to
leopard the rights interests and liberties of the people.


The seventh section provides that fee of ten dollars
shall be paid to each commissioner In every brought
before him, and fee Of FIVE dollars to his deputy de-
r e each he they gym & and 1 take
may be deemed reasonable by such commissioner in
general for performing such other duties as may be re-
of the Treasury of the United Sates whether there
is conviction or not in conviction they
to recoverable from the defendant 1t seems to
that under the influence of such temptations bad men
might convert any law however benticent into i'll
strument of persecution and fraud.


By the eighth section OF the bill the United States
courts which sit only in one place for white citizens
land necessarily with the Clerk although he IS not men


oned to sny part Of the district upon the order Of the
speedy arrest and trial of persons charged with
violation of this " and there the judge and the officers
of The court must remain the order OF the President
| IS for the time therein designated"


ninth section authorizes the President, such
such part Iof the land and naval forces of the United
States, OF the militia, shall be necessary to prevent
the violation and enforce the due execution OF TINS act
This language seems to imply permanent military 1ofce
that to be always at hand and whose only business
the enforcement of this the vast region
| where it is intended to operate.


do not propose consider the policy of this bill To
me the details of the bill seem fraught with evil The
white race black of the South have hitherto lived
together under the relation of master and slavecapal
owning labor Now suddenly, that relation is changed
and as ownership, capital and labor divorced
They stand now each master of itself. In this
on being to the other there will be new
adjustment which both are deeply interested III making
harmonious.


Each has equal power in settling the terms and if left
to the that regulate capital and labor confidently
believed they will satisfactorily work out the problem
Capital it is true, has more intelligence; but labor Is
ignorant as not to understand Its own interests