Crawfordsville Review, Crawfordsville, Montgomery County, 7 April 1866 — Page 1

NEW SEBIES—VOL. XVII,

BUSINESS CARDS.

Real Estate Agency!

TAHE undersigned will sell or buy Heal Kstato.— ... ,Anv Re™°" ''nvins Karma or Town Lota for Bale will lo well to leave them with us.

For Sale!

4 or 5 Good Farms, /T ff S3 Town Lots. v^U' 3 Residences. "tv-.-.j

Brick Storo Room.

1 Brick Residence, with 12 ncrfcs Ermind attnrh•d*. WEBSTER. MAY A KENEY. Enquire at the Recorder's Office. (ilecSa'OS.

DR. J. W. BAIRD,

Physician and^ Surgeon!

-Having permanently loeatcd 111

A O S I E offers his servicos to the oummunity.

OFFICE—Over the National Bank, rnd residence on Collego street. (inarlo*6G.)

,,EIS

IMPROVKD

VKAU!

We wnnt

*JC JL V-/ ngi-nts everywhere to .«ell our

$20 Scwins Machines. Three new kinds,

under and uppor feed. Warranted five years.— Above salary or larse commissions paid. The

KCM.Y MCKNSRD BY

other cheap machines are ixntisfiK-

MRNTSand the

SEI.l.KRor

fSEit are

FINE, AND IMPRISONMENT.

Money also, Claims for l/ors's and Other Property lost in the Service, and in fact every species of Claims Against the Government

'ollected with Promptness and Dispatch by

P. JP. RMTT0JV,

AND

GOVERNMENTCLAIM AGENT.

63?"Office in Washington Hall Jitiildly, over Simpson's Grocery Store, Crate--rdsvillc.™is$&

rnder

the present Law*, Soldiers and SohUcrs Heirs are entitled of fallows 1st. When a soldier has died from any cause in the •rvice of the United States, since the tilth of April 61. leavine a widow, she is entitled to a pension of per month also a bounty of from S"5 to $JU2, bcdes all arrears of pay. 2d. If the soldier left no widow, his children un1G years of age aro entitled to the pension, back ly. and bounty. 3d. If the soldier left no widow, child or children, en the father is entitled to the bounty and back 'jr. but no pension. 4th. If tho soldier loft no widow, child or father, if tho fn-thur has abandoned the support of the mily, tho mother is entitled to the buck pay and mnty. and. if sho was dependent in whole or in rt on her son for support, to a pension also. 5th. If tho soldier left none ol the sihovo heirs, en the brothers aud sisters are entitled to tho back and bounty

Diseluirgrd Snldiern:

1st. When a soldier is discharged by reason of the piration of his term of service, ho is entitled to I arrears of pay and tho balance of the bounty oniiscd to him after deducting tho installments id. 3d. Soldiers dischnraed for won ml? r^eived in S'K OK Dl'TY are entitled to a not'NTY. d. Soldiers discharged by reason of disease eonictcd in the service, or wounds received, which

II disable them, are entitled to a

tion

TENSION

TO THE AOOVE.

R. I. IcGRATH & Co., MACHINISTS,

Manufacturers of Corn Shellers, Horse Powers, Drug Saws, Sugar Mills, Sugar Kettles, Castings, Brass Castings and Machinery of ev-

description

a E a

Can turn out Repair Work in a few hours.

Shop on 3c St., south of Uramlilc Ilousr.*

f,3s, $&SV.

RT K. IIUNKEUSON &CO.,

Forwarding and Commission

IMII SPECIAL RAIL ROAD AND STEAMBOAT AGENTS,

tC*.-

s~ ^±-*6

OSI.Y

machines sold in tlio United States tor less than $40 which are

HOWE. WIIEKI.KR

I.IAM.ETO ARREST,

Circulars

KIIKE.

Address.

tircall upon Sh:-w .t Clark, Hnldofnnl, Maine. Qn mo NT II !—AUKXTS ivunted for "OP

«_/ K-J SIX ENTIRELY NEW ARTICLES,

just out.

ddress O. T. UAREY, City Buildinc. Hiddelord, Maino. ducaruS-Stglwpy.

erision, Bounty, Back Pay,

f. 7

Commutations of Rations for Soldier* who have been Prisoners of 11 'ar and Prize

ASU

V1"

Proprietors of Mammoth Wharf Boat.

New Albany, Indiana,

WLLSOX, OltOVEK BAKHK, SlNCEIt.t CO., ANll BAC'IIEi.nKR.

Ai.l

E. J. BINFORD, TJ 3- 3- 1ST

AT TIIE 01.11 STAND OK HENRY OTT.i'l II est nide of Court lTmisn Sijirart

CRAWFORDSVILLE, INDIANA.

ial

rL'.-pcuijiilly iul'nnn tjiu citixeu^ of

•°I 1^1 INTEND K'IT-PIIIIR JI

Attorney,

in itd-

TPB.v late act of Congress every soldier who all have Inst both bands, or both feet or who nil bavo lost one hand and one foot in the service, all bo entitled to a pension of §20 per month.

Qicers returns to Chief of Ordnance, Surceon neral and Quarter-Master General made up, and rtiticates of Non-Indebtedness, obtained, ccs Reasonable and no Charge in Any Case I'liless eccssful.

Special attention given aluo to the settlement Decedents' Estates, and other Lci il huainrxs. uly8'05. W. P. BKIT'I'OIV,

EW FIRM

OFFETT & I5GOE,

E I E O 4

RAWFORDSVILLE, ind. a'VS',

UK \LRRS IN PIT RE

RIB Wll MWCIB,

lints, *, Oils. Dyestuffs, Perfumery, Fancy Articles ire "Wines and Brandies,

For Medical Purposes.

cnt Medicines, Also, Lamps, Glassware. Leucr. Cap, and Nolo l'apcr, l'cns. Pencils, and Ink.

Pit ESC St fJP TWO.rs

ofully propared and promptly attended io. ectfully solicitpatronago from the public in gen[Jan20'ti0.

OINTMENT.

A Sure, Safe, and Reliable Cure for

l!ch, Scratches, &c.|

SOLD B-5T

E. d. BINFORD,

Crawfordsville, Ind^

ee:39S}%^

S,I0U1'1

Mas'ltel

j' umlor?ijrneil hnvin^pur-

lir.st-elass

ES-

tabitsutncni, where the very best qusility of

BEEF, VEAL & MUTTON,

A splemliil iii ticlc of Kreh Ljinl. SuuFnjrc M«at. Smukfii and iekletl Meats, »tc.. can. at all times, be /^i

I1-

!i ow

cash prices.

I. 1 he hmliest prices patM inr rat cnnir, ni:ii3'0G.wtf. K. B. UL'TIIKIK A MIxOT'IKR.

Physician and Surgeon.

OK. j7"dorsuv, Respectfully

tenders his services to the citizens of

Crnwfordsvillc and vicinity, in all the branches ot his profession. OPPIt:H nml Kcxiilrucc on Main street, west of Graham's corner. June IH'(Mm3.

1.1:1 oini irs

NEW GROCERY STORE.

piHS establisliment is now stocked with a large as1- sortnient of plain aud fancy Groceries: which will be sold for cash or produce. county call in and examine our ing elsewhere.

FRESH ARRIVAL

Immense Quantities.

D. HARTER,of the firm of Co.rnpbell, Galey & 1J arter, having ju.L returned from making extensive purchases of Foreign and Domestic Hard«arc, Cutlery, &e., all of which being selected wilh greatest care and at greatly reduced prices, we feel confident, we can offer inducements to purchasers (hat can not be found elsewhere. Our stock is

FULL AND COMPLETE

in every department, comprising in part, Forks, Spades, Shoves and Hoes of every variety, Hakes, Mattocks, Traces, Humes, Iron Nails, Glass, Sash, Putty, Oils and Paints of best quality and at lowest, prices. Tools of all kinds, Boring Machines, Oil Cloths for table and floor,

Hand and Cut Saws. Table and Pocket Cutlery,

the largest stock and at the lowest prices in town, also, Spoons and Rogers Plated Ware, (always warranted,) also, One Horse Plows and Breaking Flows from $14 to $20, few first rate Road Plows for Supervisors and others. Also, the exclusive agents for Stump Pullers and Jews Haros. Drag Saws and Fish Hocks,

Reapers and Corn PoppersAlso now on hand for the Spring trade the great 2 Horse Illinois Corn Planter and Hiding Plows, together with an endless variety of Shelf Goods and House Trimmings. Having paid

The following is the

armers of Montgomery

stock before purehas-.

CASH

for every dollars worth bought, we propose to sell them on same terms, and always as low as the same can be had at Lafayette or Indianapolis, or apy other Western Seaport.

Please call and see before buying elsewhere, no trouble to Shoui or Sell G'oodt.

Campbell, Galey & Harter. 5o. T, Commercial Bow. Onnrftrdfivllle. lEar^i'Whc.lrm,''

DEMOCRATIC AT ALL TiMES AND tJNDElt ALL CIRCUMSTANCES.

The civil Rights Bill Returned to tlie Senate.

TREMENDOUS EXCITEMENT.

It Makes Negroes, Chinese, In-

ans an

Gipsies Citizens,

ITS PROTECTION IS DISCRIMINATING.

It Prefers Negroes to Foreigners.

Congress Has No Right to Pass Such a Rill While Eleven States arc Excluded From Its Deliberations. 0

SCENES IN THE SENATE.

The galleries of the Senate to-day were densely filled with an anxious auditory. The anticipated veto message being the chief attraction. Hundreds of persons were unable to obtain admission. Members of the House were present in large numbers. About 1} o'clock, Colonel Yi 11 in in (J. Moore, the President's Private Secretary, announced a message from the President of the United States which was conveyed to the President pro tein., but it was not read, owing to the business which at that time occupied the attention of the Senate, niimcly, tlie St.oolitou case. When the latter was disposed of at 5 o'clock, a motion was made to adjourn, but this was voted down, when the message was laid before the Senate by the President pro tern., and was read by Col. Forney, the Secretary. It was listened to with intense interest, both on the floor and in the galleries.

OSAWFORDSVILLE, MOTOOMEBY COUNTY, INDIANA," APRIL 7, 1866.

Rill

The President's Reasons Why the -A"-'

Sol Oecoincn Law.

PKIM»E\TS T1AXSIGK

To the Senate the United States I regret that the bill, which has passed both llotises of Congress, entitled "An act to protect a!i persons in the United

States in their civil rights, and furnish

the means of their vindication." contains provisions which I cannot approve, conisistcntly with my sense of duty to the whole people, and my obligations to (he I Constitution of the United States, lam

therefore, constrained to return it to the

-p A"V" I Senate (the House in which it originated)

with my objections to its becoming a law.

I'l IX(' 1".KX IN ClTIZKN-SIIil'.

By the first section of the bill, all persons horn in the United States, and not subject to any foreign power, excluding Indian^ not taxed, are declared to be citizens of tho 1 nited States. This provision comprehends the Chinese of the Pacific Slates. Indians subject to taxation, the people called Gipsis, as well as the entire racc designated as blacks, people of color, negroes, nmlattoes and persons of African blood.

Kvory

fo&s should pass through a ccrtain probation, at the end of which, before attaining the coveted prize, they must give evidence •of ^lieir fitness to receive and to exercise the rights of citizcns as contemplated by the Constitution of the United States. The bill, in cffcct proposes a discrimina-

tion against a large number of intelligent

worthy and patriotic foreigners and in

hi nisei 1 wi th° Ui

-ft

liberty and the

Yet it is nnw nrmini-nrl 1

iw"

individual of

these races, born in the United States, is. by the bill, made a citizen of the United States. It does not purport to declare or confer any other right of cittizenship than Federal citizenship it does not propose to give these classes of persons any status as citizens of states, except that which may result from their status as citizens of the United States. The power to confer the right of State citizenship is just as exclusively with the several States as the power to confer the right of Federal citizenship is with Congress. The right of Federal citizenship, thus to be conferred in the several excepted ratios before mentioned, is now, for the first time, proposed to be given by law. If, as is claimed by many, all persons who are native born alrcad}* arc, by virtue of the Constitution, citizcns of tlie United States, the passage of the pending bill cannot be necessary to make them such. If, on the other hand, such persons are not citizens, as may be assumed from the proposed legislation to make them such, the grave question presents itself whether, where eleven of the thirty-six States are unrepresented in Conjrress at this time, it is sound policy

T!"

favor of the ne-o. to whom ,ri,

to whom, after lon

years of bondage, the avenues to fieedom and intelligence have just now been suddenly opened, lie must of necessity, from his previous unfortunate condition of servitude, be less informed as to the nature and character of our institutions than he who, coming from from abroad, has to some extent, at least, familiarized

annlla, ized

,Cn

cuizens upon all persons of Airican descent born within the extended limits of the United States, while persons of foreign birth, who make our land their home must undergo a probation of five years, and can only then become citizens when proof that they are of goodI mora! charac-

they are made subject to the same punish -1 ^uld^ote'for'

rM ls ld eHalt

rights contained in the bill has been considered as exclusively belonging to the States they all relate to the internal policy and economy of the respective States. They arc matters which, in cach State, conccrn the domestic condition of its people, varying in cach according to its

to make our entire colored population and find a Federal prohibition against the all other excepted classes citizcns of the United States. Four millions of them have just emerged from slavery into freedom. Can it be reasonably supposed that they possess the requisite qualifications to entitle them to all the privileges and immunities of citizenship of the United States? Have the people of the several States expressed such a conviction? It may also be asked whether it is necessary that they should be declared citizens in order that they may be secured in the enjoyment of the civil rights proposed to to be conferred by the bill Those rights are, by Federal as well as by State laws, secured to all domiciled aliens and foreigners, even before the completion of the process of naturalization and it may safely be assumed that the 6ame enactments are sufficient to give like protection and benefits to those for whom this bill provides special legislation. Besides, the policy of the Government from its origin to tho present time Beems to have been that persons who are strangers to, and iiDfatnUliar with. ^ur institution? and our

power of any State to discriminate, as do most of them, between aliens and citizens, between artifical persons, called corporations, naturalized persons in the right to hold real estate. If it be granted that Congress can repeal all State laws discriminating between whites aud blacks in the subjects covered by this bill, why, it may be asked, may not Congress repeal in the same way all State laws discriminating between the two races on the subject of suffrage and offices. If Congress can declare by law who shall hold lands, who shall testify, who shall have capacity to make a contract in a State, then Congress can also by law declare who, without regard to race or color, shall have the right to sit as a juror or as a judge, to hold any office, and finally to vote in every State and territory of the United States. As respects the territories, they come within the power of Congress for as to them the law-making power is the Federal power, but as to the States no si miliar provision exists in Congress the power to Tiiako rules and regulations for them.

DISCRIMINATING J'UOTECTION. The object of the second section of the bill is to afford discriminating protection to colored persons in the full enjoyment of all the rights secured to them by the preceding section. It declares that "any

erso

under color of any Jaws,

n®' ,°.

rtl, l,ai,cc rc

g"l»t«u» or.custom,

^jeet, or cause U, be subjected,

any inhabitant of any State or territory to the deprivation of any right secured or protected by this act, or to 'different pun ishment, pains or penalties on account of such person having, at any time, been held in a condition of slavery or iuvoluutary servitude, except as a punishment of crime, whereof the party shall have been

Kluly convicted, or by reason of his color

-persons, shall be deemed

jr 11y ol a misdemeanor, and on couvic-

I tinglf Icgis. ,i„„ shall l,o punished 1)V Bnc mil exc-cdl-

i"!C one tlinusimO tlolliirs. or

rovidcs io

tei attached.o th? pnnciples of the Con-j bidden legi,lati..n bv imposinoand well

stunt,on of he United States ana well imprisonment on the legislators who nny disposed od.e good order and happiness

of the bill also contains an rights to Lc enjoyed by those classes so madc^citizens in every State and territory in theLuited States. These rights are to make and enlbre contracts, to sue. be parties and give evidence, to inherit, purchase. lease, sell, hold and convey real and personal property, and «ii «nd equal Lienof.t ail laws and proceedings ror the security of persons and .property as is enjoyed by white citizcns so too

imprisonment

not exceeding one year, or both, in the discretion of the Court. This section seems to be designed to apply to some existing or future law of a State or Territory which may conflict with the provisions of the bill now under consideration. tch forlinposmg fine and

counteracting

such conflictin or

same. I he first section ot the a^nts who may shall put or ol the ofliccrs enumeration of the'attempt

to put, them into execution. It.

means an official oflcnse, not a common crime committed agaiust law upon the person or property of the black race. Such an act may deprive the black man of his property, but not of bis right to hold property It means a deprivation of the right itself either by the State judiciary or the State Legislature, jt is, therefore, assumed that under this section members

lnw^'conS

'es, common with (provisions of the bill, that Jud-cs of the and to none others. Thus State Courts who should render judgments

white citizen a perfect equality of white and colored races is attempted to be fixed by federal law, in every State of the Union, over the vast field of State jurisdiction covered by these cnumated rights. lu no one ot them can any State exercise any power of discrimination between different races. In the exercise of State policy over matters exclusively affecting the people of each State, it has frequently been thought expedient to discriminate between the two races. ]3y the statutes of some of the Stales North, as well as South, it is enacted, for instance, that no white refuse under the prohibition of a State person shall intermarry with a negro or law to allow a ne-ro to testify if you inula to Chancellor Kent says speak-,

in antagonism with its terms, and that marshals and sheriffs who should, as ministerial officers, execute processes sanctioned by State laws and issued by State judge, in execution of their judgments, could be brought before other tribunals and there subjected to fiue and imprisonment for the performance of the duties which such Stale laws might impose. The legislation thus proposed invades the. judicial' power of the State. It says to every State court or judge: if you decide that this act is unconstitutional if you

ing ol the b.acks, that marriage between paid law is paramount, under color of a them and the whites is forbidden in some State law refuse the exercise of the rii ht of judo'inent,

States where slavery docs not exist: to the

..n .i

that over such a subject matter'the

ro. your error

shall

aid they are prohibited in all the slave-! however conscientiously, holding States by law. and when not you to fine and iniprisnient. I do not ap absolutely contrary to law, they are re- prehend that the conflicting legislation volting. and regarded as an olRnise against I which the bill seems to contemplate is so public decorum. I do not say that this likely to occur as to render it necessary bill repeals State laws on the subject of at this time to adopt a measure of such marriage between the two races, for as the doubtful constitutionality. In the next whites are forbidden to intermarry with place, this provision of the bill seems to the blacks, the blacks can only make such be unecessaiy. as adequate 'judical rcnic-1 authority well calculatcd to excite distrust contracts as the whites themselves are al-|dies could be adopted to secure the de- and alarm on the part of all the States, lowed to make, and therclore cannot. .sired end without invading tlie iimmini- for the bill applies alike to all of them, under this bill, enter into the marriage ties ol legislators, always important to as well to those thai have as to those that contract with the whites. I cite this dis- be preserved in the interest of public lib- have not been encaged in rebelliouscriniination however, as an instance of erty without, assailing the independence It may be assumed that this author!^ the State policy as to discrimination, and ol the judiciary, always essential to the is incident to the power granted to Conto inquire whether, if Congress can abro-! preservation of individual rights, and!

Constitution and the United States

own peculiar circumstances and the safe- [as the supreme law of the land. ty and well being of its own citizcns. lj -phc third section gives the District do not mean to say that upon all these Courts of the United States exclusive coare not Federal rcstaints, as, for instance, iu the State power of legislation over contracts, there is a Federal limitation that no State shall pass a law imparing the obligations of contracts and, as to crimes, that no State shall pass an expost facto law and, as to money, that no State shall make anything but gold and silver a lciral tender. But where can we

gate all State laws of discrimination be-1 without imparing the efficiency of minis-1 amended, to enfoVce^by"appropriatcTegL*'tween the two races, in ihe matter of real I tcrial officers, always necessary for estate, of suits, and of contracts generally, Congress may not also the State laws as to the contract of uiar- seems to be'in'this respect not only anom-i pa,"tv'shaii^'have been duly con'vi'cted" shall riage between the races. Hitherto, every alous but unconstitutional, for tho Con- exist within the United States, or any subject embraced the enumeration of stitution guarantees nothing with certain- place subject to their jurisdiction. It ty if it does not insuie to the several cannot, however, be justly claimed that,

cts general- maintenance of public peace and order. Islavery nor involuntary servitude, except fr* repeal the I lie remedy proposed by this section as a punishment for crime, whereof tlie

constitutional laws of •the latter to be held

nizance of all crimes and offenses committed against the provisions of the act, and concurrent jurisdiction with the Circuit Courts of the United States, of all civil and criminal eases affecting persons who are denied, or cannot enforce in the courts or judicial tribunals of the State or locality where they may be, any of the rights secured to them by the first sectiou. The construction which 1 have given to the second section is strengthened by this third section, for it makes clear what kind of denial or deprivation of rights secured by the first section was in contemplation. It is a denial or deprivation of such rights in the courts or judicial tribunals of the State. It stands, therefore clear of doubt that the offense, aud the penalties provided iu the second section, are intended for the State judge, who, in the exercise of his functions as a judge, not acting ministerially but judicially, shall decide contrary to this Federal law. In other words, when a State judge acting" upon a questiou involving a conflict between a State law and Federal law, and bound according to his own judgment and responsibility to give an impartial decision between the two, comes to the conclusion that the State law is valid and the

Federal law is invalid, he must not follow the dictates of his own judgement at the peril of fine and imprisonment. The legislative department, of the Government of the United States thus stakes from the judicial department of tho States the sa-

WHOLE NUMBER 1230

cred and exclusive duty of judical decis-' ion, and converts tho State judge into a ministerial officer, bound to decide according to the will of Congress. It is clear, that in States which deny to persons, whose rights arc secured by the first section of the bill, any one of those righte, all criminal and civil cases affecting them will, by the provisions of the third section come under the Executive cognizance of the Federal tribunals, it follows that if in any State, which denies to a colored person any oue of all those rights, that person should commit a crime against the laws of a State—murder, arson, rr.pe, or any other crime—all protection and pun-! ishment, through the Courts of the State arc taken away, and he ean only be tried and punished in the Federal Courts. IIow is the criminal to be tried if the offense is provided for and punished by Federal law That law and not the State law, is to govern. It is only when the oflense does not happen to be within the purview of the Federal law that the Fedoral Courts arc to try and punish him under any other law. Then resort is to be had to the common law, as modified and changed by State legislation, so far as tho same is not inconsistent with the Constitution and laws of the United States. So thot' over this vast domain of erimiual jurisprudence, provided by each State for the protection of its own citizens, and for tlie punishment of all persons who violated its criminal laws. Federal lawi whenever it can be made to apply, dis-® places State law. The questiou here nat-lf urally arises from what source Congress*? derives the power to transfer to Federal"! tribunals certain classes of cases embrace! ed in this section. The Constitution ex-S pressly declares that the judicial power of the United States ''shall extend to all cases in law and equity arising under the Constitution, the laws of tho United

1 i. /».. it 1

States is expressly set forth and defined: aud the act of September 24. 1789, es* tablishiug the judicial courts of the Uni- p' ted States, in conferring upon the federal V'~»-,•• courts jurisdiction ovei ca^cs originating'- V^7in State tribunals, is careful to confine subject them to the class enumerated in the above recited clause of the Constitution. This section of the bill undoubtedly compre- j'v bends cases and authorizes the exercise s. of powers that arc not, by the Constitution, within the jurisdiction of the courts of the United States. To transfer them to those courts would be an exercisc of V^'

ess by the Constitution as recently

thejjatiou the article declaring that neither

States the right ol making index-niling with a view to the enforcement of this arlaws in regard Io all mattei* iiil&ing with--tide of the Constitution, there is at presin their jurisdiction, subject only to the cut any necessity for the exercise of all restriction, incases of conflict wilh the the powers which this bill confers. Slave-

ry has been abolished, and at present no- a where exists within the jurisdiction of the United States. Nor has there been, nor is it likely there will be, any attempts Io revive it by the people or the States. If, however, any such attempt shall be made, ig it will then become the duty of the General Government to exercise any and all is incidental powers necessary and proper si to maintain inviolate "this great law of frj freedom. The fourth section of the bill provides that officers and agents of the Grecdmeu's Bureau shall be empowered to make arrests, aud also that other officcrs may be especially commissioned for w, that purpose by the President of tho United States. It also authorizes circuit si courts of the United States, and tho Supreme Courts of the Territories, to ap- i.: poiut, without limitation, commissioners, who arc to be charged with the performance of quisi judicial duties.

The fifth sectiou empowers the Commissioners to be so selected by the court, to appoint in writing one or more suitable persons from time to time, to execute sj warrants and other processes desirable by the bill. These numerous official agents aro made to constitute a sort of police in addition to the military and are auinorized to summon a posse comitatus, and oven to call to their aid such portion of the laud and 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 to be conferred upon agents irresponsible to the Government and to the people, to whose number the discretion of the Commissioners is the only limit, and in whose bauds, such authority might be

3rS

-Af

States, and treaties made or which shall be made under their authority to all cases affecting ambassadois or other pub-''^ lie ministers and consuls to all cases of admiralty and maritime jurisdiction to controversies to which the United States shall be a party to controversies be-^',' tween two or more States between a', State and citizens of another State between citizcns of different States between 1 citizens of the same State claiming land,' under grants of different States, and between a State or the citizcns thereof aud foreign States, citizens or subjects." Here the judicial power of the United

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