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' ILEAKF1ELD REPUBLICAV
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OLEARFIELD, FA.
UHTAHLUBBO IN 181
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aun W Cards.
TT W. SMITH, t
ATTORNBY-AT-LA W,
11.171 ltaroetd. Pa.
J.
J. LIXGLN,
A T T O K N K Y - A T - Ij A w,
I IS Pblllpab.rg, Centre Co., P.. J:p4
It
OLANPD.SWOOPF.,
AT'IORNKV AT LAW,
Ciirwenarille, CleerSeld oounly, Pa.
oet. , T8-lf.
0
SCAK MITCHELL,
ATTORNEY AT LAW,
CLEARFIELD, PA.
rO-0o In (be Optra Home, ocltl, "7S-tf.
R k W. BAKKETT,
Attornits and Counbilobr at Law,
OLRARFtELD, PA.
Janaarjr 30, 1S7S.
1
SRAEL TEST,
ATTORNEY AT LAW,
Clearfield. Pa.
M-0aee la the Coart Boue, Jy".'
WM. M. McCDLLOUOn,
ATTORNEY AT LAW,
CLEARFIELD, I'A.
(Jflle in Ua.onie building, 8aeond atreet, op
po.ita the Court llou.a. Ja2,'I8 If.
Ty C. A UN OLD,
LAW & COLLF.CTIUN OFFICE,!
Ct'RWKNHVILLK,
ri'it Ucarfiel'l CounU, Pean'a. 75y '
s.
ItROCKHANK,
ATTORNEY AT LAW,
' CLEARFIELD
PA.
ijfflea In Opara Ilnuta.
ap Ji77-ly
5 V
T I I.I.I A M A. IlAfiKHTY,
.ITTOIl.Yr.''AT-L.t IV,
CI.F.AIIHI'.LD, 1'KNNA
Jff-WIII allrnd to all legal liu-lne.. a-ilh
pinmptofaa and Ddolity. fabl lSO-tf.
a ii.LiAM A. wit.i.aca.
RAaar r. wai.t.Aa.
iiavip I.. aaeaa.
jona w. vaieLar.
WALLACE & KRF.IW,
(f u-cM...n to Wallace A Fleldi0(,l
A T T O It N E Y S - A T - L A W ,
Clearfield, Pa.
SNYDER,
.1
K.
CI.EARFIKLD, PA.
Illlirc ill Pia'a Dpara llnu.e.
Juaa 2rt, 7tf.
L. McfiEE,
.irriu-i;r.jT.iiH,)
DuBoin, Clearfield County, Penn'a.
aj-Will alland promptly lo all legal haainaai
rniru.ien lo aia care. LjanSI, Hit,
. MURRAY.
UTRUI gflltnoff.
. JLMIRAY i tiOUDON,
ATTORNEYS AT LA W,
CLEARFIELD, PA.
or-Ualoe In Pie'a Opera Uoo.a, .round Boor.
:S0,74
ioar. a. .'bialli. habirl w. a'cuaor.
fcENAM.Y A McCUKDY
ATTORN EYS-AT-LAW,
Clearfield. Pa.
ret Legal bnaiuaaa attended to promptly withj
Silrlily. Dolce on Second Btreet, ahore Iba Klral
National Bank. Jan:l:70
; Y KitAMKR,
A T T 0 H N E Y - A T - L A V ,
' Real E.lala and Collection Agant,
CLEARKIEM), PA.,
Will promptly attend ta all legal baalneaa oa ,
Irn.tml to aia eare.
A-0Scb In Pla'a Opara Hoaaa. Jae,,
J P. McKKNRICK,
niSTRfOT ATTORNEY,
CLEARFIELD, PA.
All legal biuiaa.. ri.raated to hia nara will re
eelre prompt alta."n.
T-0lncc In tt.f C-tnrt lloo.e.
ai.gl4,l7 Ij.
JOHN L. CUTTLK,
ATTORNEY AT LAW.
n.l Real K.atate Aftjrnt, Cleartteld, Pa.
Offlea on Third itreat, bat.Oharrj A Walnnt.
MrHaaoaolfnUf offari hia aarTiaaaln alllni
and buyinc land la Ulaarfiald aad adjoin lag !
sounUa and wnn an axparianatoi ovar twantf
ytara aa a turf-ay or, Battara himiolf that ha ean
rwodor lattafaaUon. Vab. 3M3:tf,
i'hiibitians' Cards.
P
U E. M. SCHEURKU,
I0MIK01'AT1I1C PIIYHICIAN,
Oploo la rcaideace oa rlrat at.
4rril ii, Hie. W.irCald, Pa.
D
K. V. A. MEANS,
f 11Y81C1AN & SUKUEON,
m;B0I8 CITY, PA.
Will attend profe.alonal eella promptly. aaglB'7f
JR. T. J. J10TER,
r II Y 8 1 C I A N AND S U R 0 E 0 N ,
0 en Ucrket R.reet. Oleerield, Pa.
JrQlliM noun t I to II a. ., end I to I p.
jyi. J. KAY AVRIGLEY, .
UOaIIKPATIIIO physician,
er-0rncB adjoining Iba realdenca ef Jbdob
I Wrigley, R.e., oa Keeond St., Clearfield, Pe.
; Jiy.tl,'7 tf.
'V .
;j)ll. II. B. VAN VALZA1I,
I'I.EAKKIF.l.n, PKNN A.
lltFlCkIN KKnlDKNOR, CORNER OF FIRST
AND PINK eVntK T.
Jftf Offlce houra Fnial
II le I P. M.
May II, 1171.
J)R. J. P. HURCU FIELD,
le.e iargaoaef Ike lid talmaal,leBB,lrenU
$ S'olunuare, having retBitird fre Iba Army,
effera hra profeaaleaal aervleel le theeltleeaa
of Olearfleld eonaty. '
raarPrereaetonal ealla promptly atteade4 le.
urate oa aeeeail ateBBt, rnr-arlyaeeapied ay
. Ii. Weoda. a,r4,'f M
ARNOLD HAS ADVANCED
Prices of Shingles,
BHAYKH AND SAWED.
Curaenoille, Jaa. I, '7 1 -If.
, fl PHINTIIiri OP EVERT DEJCRIP
1 tkn Beetlf ac,lad at tkl, oAe.
i
I
, QEOt Bt. QOODLASTEE, Editor
,'" .v.
I . .
VOL. 51-WH0LE NO.
(Sards.'
TIIHTICEH' COSBTABI.E' flK
Wa keve printed a large number of the
PEE DILL, u4 wiU oi the reoalpl of twaoty-
mil noil , eonv lo Bay addraea.
WILLIAM M. HENRY, 'Jcbtiob
nT PfAC'ARBVTitTBRBR,l.llMBER
CITY. Colloetloao mada end money promptly
paid ovue. Artleleeof i(Mit and deede ol
ooavejeaoe aeotly eleeuted and warranted nr.
feoaveyenee .aetly
root or ao emerge.
JOHN D. THOMPSON, '
Jaetlre of the Peer, and Scrivener,
' Curweunllle, P..
t .Collotlal -ade and -onay promptly
paid ovar.
f.bll 7Uf
II
ENRY liRETH.
. (MTIKD P. 0.)
JUSTICE OF THE PKACB
roa aau. Tnwaanip,
Ha; I, 187-ly
JAMKS MITCHELL,
Square Timber & Timber Lniuls,
Jell'TJ CI.EARPIR1.D, PA.
REUBEN HACKMAN,
House and Sign Painter and Paper
Hanger,
Clearfield, Penn'a.
iavWIll lacote Job. Id hit Hot promptly aod
la a workmanlike maonar. at ri,07
JOHN A. STAPLER,
BAKER, Market St., Clearlald, Pa.
freak Draad, Ku.k, Rolla, Plai and Cakaa
oa band or made to order. A anaral aaaortaiaot
of Confeolionariaa, J'rolla and Note In elook
ce Craam aod Oyatari lo aealon. Saloon nearly
ippniite the Poatolfifle. Pricea moderate.
M.rrh IO-'7i.
WEAVER 4. BETTS,
,iKAt.aaa ta
Real Estate, Square Timber, Saw Logs,
AND H'MBKRBF ALL KINDS.
WOmoe o. Beeood atreel, l rear of itore
room of Ueore Wearer A Co. I jan, '71 If.
RICHARD HUGHES,
.IITSTICE OP TIIR PEACE
-roa .
Itrcalttr Totruthlp,
Oaeeola Mill. P. 0.
All offioial bualne.l entraafed to hi
will be
promptly attended to,
mcb2, '7.
TTARUY SNYDER,
Ll BARBKR AND HAIRDRESSER.
Sbop on Market SI., oppoalle Oourt Home.
A rhsaa towel for erery euatemer.
Alae drelrr in
lln.t llratida nf Tobarro and Clivara.
11.14 Pa "e? If,
'ta.
JAMES H. TURNER,
JI RTICEOF THE PEACE,
tVallarelou, Pa.
W4r Ha baa preparrd bimaair with all tha
neoea.ary blank forma under tbe Peneloo Bud
fiounty lawa, aa wrll aa blank Deeda, ete. All
legal matter, entrusted to hia eere will recelre
prompt ellenllon. May 7th, 1S71I-IC.
A
Wiriltrrr IlialeWIOlt,
Market Htreet, Cirtrdeld, P.,
M AKCFACTDRKII AI ntALKR IK
Jlnrnc, Bridlttt Stiddlef, Collars, nul
Hone-Furnishing Oootlt.
yMfAll kioda of repnirio( prompt I? ttnjp(t
to, Saddrer' iUrdirr. Hur BniabM, Carry
Couth, Aa., alwftji on luntl tod fur ) t tlw
Umtrnt euh prioe. March IV, ItiTV.
G. H. HALL, '
RACTICAL PUMP MAKER.
NKAR CLEARPIRI.D, PENN'A.
jPPucnpn atwaji on band and madt to ordtr
n aaort notice. Pibn bond on reaaonahlt termt.
All work warranted to render latipfantiOB, and
dllvard if dMlrad. uyliitjivd
dlvcry Ntablo.
Til R nndarilipiid Wgt Itava t iniorm tba pan
lit that ha U tow fully nrepar to aoiaino
dal all tn the way nf fort-tubing H.taa, I)ufiB,
Baddloa and liaraoaa, on tha ihorteat notioa and
an reasonable tertni. Raahltnoe on Lonit itraot,
kvatwaaa Third and Fourth.
HE' I. W. OKARIIABT
laarflald. tth. 4,1874.
WASHINGXrfUSE'
talffnel, havinjr Uaaad
thla
r11K. Hutrl, In tha Tillnga of (Hon ilopa,
-a- rt rtpard to aceoDmoitaia all Who nay
'M. My labia and bar ahall ba rappllpd with
tha beat tha aarkat affordi.
UKOKDK W. HOTTH, Jr.
tllan Hopa, I1-, Vareh 2ft, lUlt tf. .
THOMAS H. FOFICEE,
V1AL II
GENERAL UERC1I ANOIKK,
RRAHAMTON, Pa.'
Alto.extrnilTa minnfactorer and daalar in Sqaara
Timber and Sawed liomborof all kinda
Ordtrt aoticited and all bllla promptlj
filled. Jyt'TI
E. A. BIGLER & CO.,
niALini in
SQUARE TIMBER,
and maaufaclurere of
A 1.1. KINllwOK HAW Ell I.IIMIIKK,
I 77! CLEARFIELD, PENN'A.
I. SNYDER.
PRACTICAL WATCHMAKER.
ARB bSALBR IB
Watches, Clock, and Jewelry,
SreJnn'r fieat. Mtirklt r,
I'LEARflEM), PA.
All ktn4a of repairing In my line promptly Bl
ended to. April II, Il7t.
Clearfield Nursery.
ENCOURAGK HOME INDUSTRY.
rHK nndaraljrBad, hating aaubllahad a Nar
X rt " tb '1'iba, ahont half way bt4wam
Clutulicli) aad CurwoniviDe, la prop a rid to fttr-Di-b
all kinda of Rl IT TliUlb.S, (itaadard aad
dwarf,) Kvergroena, Sbrabtiery, (lrapa Vinoa,
tiooetrryl Lawtow Blackberry. Hlrawhorry,
and Raipbarry Vinaa. Alan, Miberian Crab Traaa.
guinea, and aarly anarlet Kbubarb, Ao. Ordara
pmapUy attandod to. Addrnii,
J. U. WRIOHT,
avpSO.tK.y Cvrwanivlll. Pa.
, MEAT MARKET.
.' F. M. CaVBDON & BBO.,
On Market ft, ene door weet of Maaaloa lloaae,
CLEARFIELD, PA.
Owe arraafemeete are rf the aaert eomplete
eheneter for Mralahlag the peblie with Freeh
Meeto of all klad, ana ef tbe very beat qeeitty.
We alee deel la all hiada or AerleulMral impie.
ejiente, whieb are keen on eBbtblilen far tbe ben
i, oe
Call
eot of tbe public.
1 a
ft. i
d wbea la tewa,
and take
a fne
look at Ikiagi
or eflftreai aa
r. m.cahdon a nno
CU.rfl.14. Pa., July II, l7 tf.
( rMre) Imtnraurr .4frry.
jaum aaaa. i-Aaauu. L. altDt..
HKRR If Hlltnt.K, AgtMl;
Reoeeaeat Ike foUowInf aad aUiee Irrt-alui Ce'l
Compenlea, Aaaebe.
l.lTerpool Lendea A Olebe I'. H. tlr..$4.atl.r)w
Lyeomiag oa mutual A eaab plana,... I.eno.foe
Pbieaia, of Hertford, Ceaa .., I.ajl.oan
Inauranee Ce. of North America 0,a,nT4
Notth Brltl.b A MrreBBtile-II S.Hr. I,7M,II
Rrettlab Cwmereiel-I. I. Braaek..,. 7,KI
Waiertowa 71.011
traveler, t Life A Aeeldeel) ,. I,M,M
l)Ben Market St.,vp,. Court Haee, Clear-
ueid, ra. Juaa i, T-tr.
. : S.
& .Proprietor. , , , .
, j. t
- 7- - -
2,601.
JUDGE FIELD'S WARXlXa,
T VI ajfl TO Cll Kt'K Til E tr I DF.H OF
HIH lOl'RTTUtaAMOalCKMTHAI.IItM.
TIIR UPlNIONf OF MARtnALL, BTORV AMD
HAMILTON COMPARED WITH BRAD-.,,'
' TRY'" AND RTRONO'fl AW AR
" .' ' 'J"si;rdanp rseoNeTi-, ,.,
'.. , I rOTIONAl UAW, ,,.,-'.,, .,.
DIWHOTRn. ; ' 't.- .,
. , .- .! e ' J I tm "
Official Text ef.taftlr field Late Opinion.
, I uannut UrtHont lo Iho tlecitiiuii of the
majority ol Ibex court in IhtMe oascn,
nntl I will Btotr? 'he rcon of my dl
acnt. On of llita nix , pelilionera hi t
citizon ol Ohio, and the other live are
oitiawna ol Maryland. They nil sock
a dixuharirf from impriwinment im
posed by judgment ol Fedural courts
fur alleged nftlcial misconduct as judges
JU'wtion, in Uiei ip('VQStat,.
frrortifnal district of Ohio, In Octohor,
1879, at which a Representative in
Congretta waa voted fur, the petitioner
from that Slate waa apptiinted under
its laws, and acted a, a judge of elec
tion at a precinct in one of the wards
of tho city of Cincinnati. At an eloc
tion held in tho Fourth and Filth Con.
ressional dmricls uf Maryland, in
November, 1H7H, at which a Represen
tative in Congress was voted lir, the
petitioners from that Stato wcro ap
pointed undor its laws, and aclod as
judges of election at different procints
in tho wards of tho city of Baltimore.
For ullcged misconduct as such officers
the petitioners were indicted in the
Circuit courts ol the United State, lor
their respective district,, tried, con
victed und sentenced to imprisonment
for twelve months, and, in some of i
the cases, also to pay a fine.
THE OHIO CASE C0NH1UKRID.
In what 1 have (o suy I shall con
fine myself principally to tho case of
tho petitioner from Ohio; tho other
casus will bu incidontully. considered.
In that case, the petitioner is charged
with having violated a law of tho State.
In the cases from Maryland Iho peti
tioners are charged with having pre
vented Federal otllcor, from interfer
ing with them and onpervising their
action in the execution of tho lawa of
the Slate. The principle which gov
erns one will di-pono ol all of them ;
for if Congress cannot punish an oHicer
of a State fur tho manner in which he
discharges his duties under hor laws,
it cannot subject him to the supervi
sion and control of other in the per
formance ol such duties and punish
him for resisting their interference. In
the cases from Maryland it appears
that tho laws ol the Slalo under which
the petitioner, woro appointed judges
of election, and tho registration of
voters for tho election of 1878 was
made, were not in existence when the
act of Congress was passed providing
fur tho appointment of supervisor, to
examine tbe registration nud scrutinize
tho lists, and of special deputy mar
shal, to aid and protect Ibom. The
act of CongToss was passed in 18,1,
and republished in tho Kovised Statutes,
n Ijtcli mo iloelnmtorj ol tho law of
Maryland, under .which tho registra
tion ol voters waa bad, was enacted in
187-1, and tho law nndor which the
judges of election were appointed was
vnaviuu in tot u, anu mono juagos were
required to possess different qualifica
tions from thoso rrquirod of judge, of
election in 1871 rind 1873. '
In all tho cases the petitioners are
imprisoned under the judgment
against mem, and each one insistin
that tho Circuit court, in his casoui,
ted without jurisdiction, and tltwlul
imprisonment iB, thorclorc, a oiti
and subversive of hi, righforawrit
'.on, has petitioned thipthe mode, by
othnhrntnrjnit fsopjurhwliction will
which Its appollwnorcit i, alleged
be oxorciscd iijon 0f an Inferior tnbu
that by theof' lho Umtud States has
rial a filify deprived of bio per
, Itw" i "1 ,f ne008l,r.V tbut a
80na.l.'uri will bo issued with tho writ
Wbrinc tin for examination the record
of the proceedings of the inferior tri
bunal. In such cases we look into
that record lo see. t whether the
court erred in Its rulings but whether
it had jurisdiction to imprisonment
complainea' of II it had jurisdiction,
our examination end,, and tho case
must await determination in tbe ordi
nary conrso of pioceodure on writ ol
error or appeal, should tho caso be one
Inch can thus bo Drought under our
review. JSut II tho court below was
without jurisdiction of tbe matter upon
which the judgment of imprisonment
wTib rendored, or H it exceeded its una
diction in Jbc extent ol the imprison
ment imposed, tin, court will inioricro
and discharge tho petitioner. II, there
fore, tho act of Congress, in seeking to
impose a punishment npon a Slalo ofli-
cor in one of thoso cases for disoboylng
a law ol the Mute, and in other cusea
lor resisting the intorforence of Federal
ollicial, with tha discburge of hi, du
ties under such law, I, unconstitutional
and void, tho jndgmont of the Circuit
Courts are unlawlul nntl the petition
era should bo released.
I do not regard the presentation by
tho petitioner Irom Ulno ol hia petition
to one ol tho justice, of tho court in
tho first inslanco aa a facial all affect
ing his case. His petition is nl dressed
to this court, and though the justice,
who allowed tho writ, directed that it
ahould bo returnable bolore himm.ll, be
.norwards ordered tho hearing npon
it to be had before this court. The
petition may, thoreforo, with propriety
be treated as if presented to u, in tho
first Instance. Irregularities In that
regard should not be allowed to defeat
its purpose, tho writ being Uusignod
for tbeeeourity ol the personal lilierty
t.i mo ciuen.
THR PN0ONSTITI1TIONAL iTATCTR,
The act of Congrosa bpnn which lho
indictment of tho petitioner from Ohio
was lonnacd I, contained in Mcotion
5,515 of the lie vised Statutes, which
declare, that "every ofliocr of an elect.
tion, at which any representative or
dolcgato in Congress is vote! for,
whether such otnoor of election be an
pointed or created by or under any law
or authority of tho United States, or
by or under any law or Stale, Territo
rial, uisincb ur municipal law or au
thority, who neglect, or rufusos to per
lorrn any duty In regard to such elec
tion required of him by any law of the
united elates, or ol any state or Ter
ritory thereof ; or who violate any
dnty so imposed j or who knowingly
does Bny act thcroby unulhoiie.d
with intent to affect any such election
or (he roault thereof. 1 , (hall
be punished a piwrilwd" in a previ
ous section, that la, by a Una ant ex
ceeding 11,000 or jmpruKHimeot not
mora Uiao on year, or by iolh.
The Indictmentcon tain, three, counts,
thelhird of which wasabsndoned. The
first count charge unlawful neglect on
tho part of the accused lo perlorm a
duty required of bim by tha law of
the State, in not carrying to the tlerk
of lb Court of Common I'leu on of
tb poll book, of the election, covered
and sealed by the (udi'es of election.
CLEARFIELD,
with which he waa intrusted by them
for lhat purpose, Tho second count
charges the violation ol a duty re
quired of bim by tho laws of the Slate
in permitting one of tbo poll book,,
covered and sealed, intrusted to him by
the. judges of election to carry to tho
clerk of the Court of Common Picas,
to bo broken open beforo bo conveyed
it to that officer, ', H;,. ; ..
TUtOIIIO LAW WHICH WAS DISOBEY ID
The law of Ohio, to which reference
is bad in tho indictment, provide, that
after the vole at an election are can
vassed "tbe judges, before thoy disperse,
shall put under cover ono of the poll
books, seal the same, and direct it to
the clerk of tba Court of Common
Fleas ol the county wherein tbe return
is to be mad ; and tbe poll book thus
sealed and directed ahall he convoyed
by one ol the judges (tn be determined
by lot if thoy cannot agroo otherwise)
to the clerk of the Court of Common
l'ioas of the county, at his ofllu, within
two day, irom the day of the election."
The provisions of the act of Congress
relating to the apointment of sur
visors of oloction, tho powers with
which thoy are intrusted, and the aid
to bo ronderod thorn by marshals and
deputy marshals, for resisting and in
terfering with whom the petitioners
from Maryland have been condemned
and are imprisoned, aro stated in the
oourt. It is u fllcient to observe that
they authorise the supervisors to super
vise tbe action of the State officers
Irom tho registration of voters down
to the close of lho polls on tho day ol
tho election ; require tbo marshals to
aid and protoct them, and provido for
tbe appointment of special deputy
marshals in towns and cities of over
twenty ihousnnd inhabitants; and thoy
invest those Federal officers with a
power of arresting persons without
process for any interferon? with their
actions, which has never beforo In our
country in time of peace been intrusted
to any ono.
JtDOE FIELD'S TWO PROPOSITIONS.
In what I have to aay I shall en
deavor to show : 1st, that it is not
competent for Congress to punish a
Statu officer for tbo manner in which
he discharges duties imposed upon him
by the laws of tho Stato, or to subject
him in the performance of such duties
to the supervision and control ol others
and punish him for resisting their in
terference ; and, 2d, that it is not com
petent tor Congross to make the exor
cise of its punitive power dependent
upon the legislation of the Stales.
Tlicro is no doubt that Congress may
adopt a law ol a Slate, but in that case
tho adopted law must be enforced as a
law of the I'nitod States. Here there
is no pretense of such adoption. In
tbo case from Ohio it is for a violation
of a Stato law, not a law ol the I'nited
States, that the indictment was found.
The judicial power of tho United States
does not extend to a case ol that kind,
TnoConstitulion define, and limits th'
nAm. - f. ..nl..u .,. U ..I.-!!''
tend to cases in law and equity "'"j1
under the Constitution, the ls o,c.r
United Stales and treaties mt&g uin
their authority ; to cases Bilkers and
bassadora, other publicmiralty and
consuls; to cases rand to various
maritime jurisdiwbich tbe United
controversies.,, is a party, or between
States or .n"orent BUttos, or citizens
citisons-.e State claiming lands under
of tb'of different Slates, or between
gr.ons ot a Stato and any foreign
lute, citizons or subjects. The term
controversies as hero used refers to
such only as aro ol a civil as distin
guished from those of a criminal naturo.
A uo juuiciui ioner buuo ueuueu muy
bo applied to new case, oa thoy arise
under tho Constitution and laws ot tbo
United Slates, but it cannot be onlarged
by Congrosa so as to embraco cases not
enumerated in the Constitution. It
has boon so hold by this court from
tho earliest period. It waa so adjudged
in 1803 in Murbury vs. Madison, and
the adjudication has been affirmed in
numerous instances since. This limita
tion npon Congress would soem to bo
conclusive of tho caso from Ohio. .To
authorize a criminal prosecution in the
Fedcrul courts for an offense against a
law of a Slate is to extend lho judicial
power of tho United Statos to ft caso
notarising under tbo Constitution or
laws of the United Slates.
STATE aOVEBKIONTY RUIIVXIITED.
But there is another viow of this
subject which la equally conclusive
against tho jurisdiction of the Federal
court. The act of Congross asserts a
power inconsistent with, and destruct
ive ol, the independence ol the Mates,
Tha right to control their own officers,
to prescribe tbo duties thoy shall per
form, without tho supervision or inter
forent of any other authority, and
the penalties to which thoy shall be
subjected for a violation of duly is
essential lo that independence. If the
Federal Oovcrnmont can punish a vio
lation of the laws of the Slalo, it may
punish obedience to them, and gradu
ate the punishment according to its
own Jndgmont ot their propriety and
wisdom. It may thus exercise a con
trol over tho legislation of the States
subversive of all their reserved rights.
However largo tba powers conferred
upon lho Government formed by the
Constitution, and liowuvur numerous
its restraints, the right to enforce their
own law, by suchr sanctions as they
may deem appropriate ia loll, where ll
was originally, with tha States. It is
A right which has never boon surren
dered. Indued, a .Statu could not bo
considered a, independent in any mat
tor, with respect to which it, officers,
in the discburge nf their duties, could
be subject to punishment by any ex
ternal authority ; nor in whieb its of
ficers, in the execution of Its laws,
could be snbject to tho supervision and
interference of others.
Tilt pRivior, drcisions iiiNiman.
The invalidity of cooroive measures
by th United States, tn eompol an
officer of a Stato to perform a duty im
posed upon him by a law of Congross,
is assured in explicit term, in the case
of the Commonwealth of Kentucky vs.
Dcnnison (24 How., 60). The Const!
lotion declare lhat "a porsonlchargcd
in any State with treason, felony or
crime, wbo shall fleo Irom justice and
bo found in another Slats, shall, on de
mand of the executive authority ol tho
Stato from which a fled, be delivered
up to be) removed to th Stato having
jurisdiction of tbo crime.'' ' And the
act ol Uongreat ol 17'JJ, to give effect
to this clause, mad it th duty of the
executive authority of the Stale, npon
the demand mentioned, and the pro
duction of a properly authenticated
copy of th indictment of affidavit
charging th person demanded with
tbe commission of treason, felony or
other crime, to surrender th fugitive
Th Governor ol Ohio having Mused,
upon a proper demand, to surrender a
fugitive from Jnstlce) from Kentucky,
tne governor ot tn latter ntato an
plied lo Ut court (or aiandaran, to
compel tn nenormanc oi tnaiatuy
But the court, alter observing that,
PRINCIPLES.IIOT MEN.
: i :
PA., WEDNSDAY, MARCH 24, 1880
though the wort, it shall bo tho
duty," in ordinar Iginlation implied
the assertion of t) (owerto commaud
and cause obodiete, said that looking
lo tho subject-ma r ol tho law and
"tho relations wbh the United Statos
and the several titcs bear to each
other," it was of onion that the words
were not usod t mandatory and
compulsory, but adcularalory ot the
moral duty crcutcirben Congress had
provided lho modif carrying the pro
vision into oxueuti. "The act does
not provide," theourt added, '-any
means to compel a execution of this
duly, nor inflict nj puniehmont tor
ncgloct or relusalni th part of the
executive of the ate; nor is there
any clauso or pro'ion in the Consti
tution which nrnifne (ovorimont of
tho-eCnited tyMeniih this power.
lodofcJ, suuli powj 'isild place every
Stato n'mlc'r thu v, and domiuiou
of the (iencrul tiivoiraent, even in
tho administmtionotls internal con
corns and rosorvol ighu. And wo
think it clear that tbt'cdtral liovern
inent, undor the Cotitution, has n.)
power to imposo on Slalo officer, ai
such, Bny duty whover. and compel
him to perform It ; t if It possessod
this power it mighttorloid tho officer
with duties wbieb wild III up all bis
limo, and disable hitfron perlorming
his obligations to tliSttit., uiul might
imposo on him dutii of i character
incompatible with to rtuk and dig
nity to which bo wnolev.tod by the
Stale. It is true tit Cfigross may
authorize a partioulc Stae officer to
perform a particula dut, hut if ho
doclinos to do ,o, ltdoesnot follow
that he may bo corced r punished
for bis refusal. Am wo re very far
from supposing thut,n usig this word
'duty,' the stalosmeiwh framed and
passed tho law, or io Fosidcnt wbo
approved and sign! it intended to
exerciso a coercive towe over Stato
officers not warrantd b the Consti
tution." And agnii : 'f the (Jov
ernor of Ohio refuse to die liar go this
duty, there is no prwcidclcgalcd to
thcticneral Govern ircntithcr through
tho judicial departnun or any other
dcpurlmont, Lo use .tnyocrcivo moans
to compel hi.n."
If it be incompetent r tho Federal
Government to enfon, by coercive
measures, llu performice of a pluin
duty impost! by a la of Congress
upon tbo ecutivo ofllers of aStuto,
it would 8fn to bo ejially incimpc
tcnt for itto enforco, ly similar neas
nros, tbe perlormanco of a dutyim
poaod un him by n liwof a Stato If
CongrcA cannot impao upon a Style
officer e such, the porormanco of aiy
duty, t would seem lucally to fellow
that ' cannot subject jim to punish
men 'r ""siect ot such duties at
jhffMu." .no imposo. ll cannot pun
is ,fr.tUe non perfbrmance of a duty
.ch it cannot prescribe. It i, a con
adiction in torma to aav tl.m it. nn
nflict punishment for disobedience! In
an act, tn, performance of which it
na, no constitutional power to com
TlloSa DECI.ln w "SPARTUnE
I am not awaro that tb. tloctrino of
this caso, which is so essential to the
Federal Governments, tins ever Doen
quulilled or departed from by this court
until iberocontdecisiooin tho Virginia
cases, of which 1 shall pi esently speak.
It is truo that, at an oarly period in
the history of tho Government, laws
were passed by Congress authorizing
Slate courtu to entertain jurisdiction of
proceedings by lho United States, to
enforce penalties and forfeitures under
lho reventio laws, and to bear allega
tions, and tako proofs if applications
wore mado for their remission. To
theso laws reference is mado in the
Kentucky cose, and the court observes
that the power,, which thoy conferred,
were for somo years exorcised by the
Slalo tribunals without objection, until
in somo of the Stales thoir exerciso
was doclinod bocauso it interfered with
and retarded the performance of dutiea
which properly belonged to them as
Slnto courts ; and in other Status be
cause double aroso oe to the power of
tho Slalo courts to inflict penalties and
forfeitures lor offences against tho Gen
eral Government, unlosi specially au
thorized to do ao by tlw Suites ; and
that the co operation of the States in
those caso, was a matter of comity
which the several sovircignties ex
tonded to one another fur their mutual
benefit, and was not regtrdod by cither
party as an obligation in posed by tho
Constitution. It is to In observed that
by tho Constitution tho demand for
the surrender ol a fugitive is to bo
made by tbo executive authority of lho
Stato from which bo his fled ; but it
is notdoelarcd upon whom the demand
shall be made. That was left to be
determined by Congress, and it pro
vided that tho demand should be made
upon the executivo of the Stato whero
tbo fugitive was found. It might have
employed lis own agents, as in the on
torcoment of the fugitive slave law, and
compelled tbcm to act. Hut In both
cases, II it omployod tho officers of the
rjlule it could not restrain thorn or co.
oreo them. Whenever, thoroloro, tho
Foderal Government, insload ol acting
tnrongh us own omeers, secK to ao
complish its purposes through the
agoncy of tho officers of lho States, it
must accept the agency with the con
ditions upon which tho officers are per
mitted to act.
THE NATURALIZATION LAWS AN XXAUW.E
For example, tbe Constilution in
vests Congress with the "power to
establish a unilorm rnlo ot naltiraliza-
lion ;" and this power, Irom its nature,
is exclusive. A concurrent powor in
tho (Slates would pi event lho am
fortuity of regulations required on lho
subject. (Uhiraa vs. vuirac,2 w hcaion,
259: Th federahtl No. 42) Yet
Congress, in legislating under this
power, has authorised courts ol record
of the Slalo to rocoire declarations un
der oath by aliens of their intention
to become cilizons, and to admit them
to oitizonship alter a limited period of
residonco, npon aatisiaciory prool as to
character and attachment to tho t on
stilution. uut when Uongross pre
scribed tbo conditions and proof upon
which alien, might, by action ol the
Stat cou rls, become ciiizens, its powor
ended. It could not coorco tbe Slate
court, to hold sessions for ,uch nppli
cations, nor fix the time whon they
should hear tho applicants, nor tho
manner In whiuh they should admin
ister lho required oaths, nor regulate
in any way their nroceodure. It could
not corupol thorn to act by mandamus
from Its own tribunals ; nnr subect
their judges to criminal prosecution
lor tbsir non-action.
It could accept the agency ol those
oourls only npon such terms a the
Stales ahould preaenbo, The same
thine- ia true in all case whore tha
aiToncy of Stat officers I, nsod ; and
this doctrino applies with spooial fore
lo judges of eleulions at w hie It numor
ou State officers are choeon at tho
sain,, timo with representatives to
Congress. Sofaras the election officer
and the registration of voters for their
REPUBLICAN.
election are concerned, the Federal
Government ba confessedly no au
thority to Interfere. And yet the su
pervision of and interference with tha
Stato regulations sanctioned by th
act nf Congress, whon Representatives
to Congress are voted lor, amount
practically to a supervision of an In
terference with the election of Stat
officers, and constilutea plain oncroach
ment upon tho rights of tho Status,
which is well calculated to create irri
tation towards tho Fedorol Govern
ment and disturb the harmony that all
good and patriotic men should desire
to exist botwecn it and tho Stato gov
ernments. judue Marshall's opinion qi oted.
It was the purpose ot tho framcrsoi
tho Constitution toerect a Government
wbicb coald enforco its own laws,
through its own oflioers and tribunals,
without" reliance upon thoso of the
Stales, and thus avoid the principal
delect of tho government ol tho con
federation ; and they fully accomplish
ed their purpose, for, as said Chief
Justice Marshall in the MuCullough
caso, "no trace is to be found in the
Constitution of an intention to create
a dependence ot the Federal Govofn
mont on tho governments of tbe States
tor tbo oxeculion of the great powers
assignod to it. Its means are adequate
to its ends, and on thoso moans alone
was it expected to rely for the accom
plishment of its ends." Whon, there
fore, tbe Fodorul Government desires
lo compel by coercive measures and
punitive sanctions tho performance of
my duties devolved upon it vy tne
Constitution, it must appoint its own
officers and agents, on Whom its powor
can be exerted. II it sees fit to intrust
the perlormanco of such duties to
officers of a State, it must tako their
agoncy, as alroady stated, upon the
condition which tho State may imposo.
Tho co operative scheme to which tho
majority of the Court give their sanc
tions, by which the general Govern
ment may create one condition and the
States another, and each mako up for
and supplement tho omissions or de
lects in the legislation ot the oihor,
touching tbe same subject, with its
separate penalties for tbo same offense,
and thug produce a harmonious mosuio
of statutory regulation, docs not ap
pear to have struck the great jurist us
a feature in our system of government
orona that had been sanctioned by its
founders.
It is truo lhat since the recent
amendments of tho Constitution there
has boen legislation by Congress as
sorting, as in tbe instauce bclore us, a
direct control over Slato officers,
which previously was never supposed
to be compatible with tbe independent
cxislonce ot the Stales in thoir resorv.
led powers. Much of that legislation
tas yot to be brought to the test of
jldicial examination ; and until tbe
recent decisions in tho Virginia cases,
I could not bave believed that the
former carclully considered and re
pealed judgments of this Court upon
prevision, ol th Constitution, and
upon the general cbaraclor and pur
I oeos of that instrument, would have
been disreo-arrtorl.nrifjan-nry'jTrwaee)
constitute a new departure. Ihey
give to tho Fcdoral Government the
power to atrip ine otatcs oi tue rigui
to vindicate their authority in their
own Court againata violator of their
laws, when tho transgressor happens
to bo an officer ol tho United States
or alleges that he is denied or cannot
enforce somo right nnder their law.
And thoy assert tor the federal ttov
ernmunt a power to subject a judicial
officer of a Stato to punishment lor the
manner in which be discharges
his duties nndor her laws. The
power to ' punish at all existing,
the nature anu extent oi too punisn-
ment must depend upon the will of
Congress, and may he carried to a ro-
movul Irom oinco.
AN ADVA NCR TOWARDS CENTRALIZATION.
In my judgment, and I say it with
out intending any disrespect to my as
sociates, no such advanco has ever be
fore boen made towards the conversion
of our federal system into a consoli
dated and centralized Government. 1
cannot think lhat thoso who named
and advocated, and the States which
adopted thenmendmenls,oontomplaled
any such fundamental change in our
theory ol govornirveni as those uccis
ions indicate Prohibition again legis
lation on particular subjects previously
existod, as, for instance, against pass
ine a bill of attainder and an ex ;of
lie facto law, or a law Impairing the ob
ligation or contracts ; and in entorcing
those prohibitions oould be authorized
against members ot the Stato Legisla
ture for passing tho prohibition law,
or against members ol the Stato judi
ciary for sustaining them, or against
exocutivo onicors lor cniorcing mo
judicial determinations. Knactmonts
prescribing such prosecutions wouia
have Driven a lalui mow m tne inde
pendence and autonomy of the States.
So of all or nearly all the prohibitions
ot the recent amendments the same
docirino mav be assorted. In few in
stances could legislation by Congress
be doomed appropriate lor their en
forcement, which should provido for
tho annulment ot prohibited laws in
anv other way than through tho in
slru mentality of an appeal lo the ju
diciary, when they impinged upon the
riehla ot parlies. If in any instance
there could ba suob legislation author
ixinu a criminal proaeculion for disre
garding a prohibition, that legislation
should define tho offense and declare
the punishment, and not invado th
independent action of the different de
partments ol the Mlalo governments
within their proper spheres, icgisia
lion bv Congress can neither be neo
essary nor appropriate which, woitld
sulijoct to criminal prosecution State
officers for tho performance ot duties
prescribed by State laws, not having
for thoir object lho forcible subversion
of the Government.
NO WARRANT IN THE CONSTITUTION
Tho clausoof I fie Constitution, upon
whieb reliance wh placed by counsel,
on the argument, lor tbe legislation in
question, does not, as it soem, to me,
give the slightest support to it. Tbo
clause declares that "the time, places
and manner of holding elections for
Sonator and llepresentative, shall ho
proscribed in eaob State by the Legis
lature menu ; out tho t-ongress may
at any time, by law, make or alter
such regulations, except a to th
placos of choosing Senators." The
power of Congress thus conferred is
eilhor to alter th regulations prescrib
ed by th State or to make now ono ;
the alteration or nw creation em lre
ing every particular of time, place and
manner, except the place nf choosing
Senator. Uut in neither mod nor in
any respect ha Congrcs interfered
wilh the regulations proscribed by th
legislature of Ohio, or with those
firesrribed by the Legislature of Mary
and. It has not altered them, nor
madeiiowonoe. Jl has simply provided
for the appointment of officers tn
supervise tbo execution of tho State
laws, and of marshals to aid and pro
tect them in such supervision, and baa
added a new penalty lor disobeying
those laws. This is not enforcing an
altered or a new regulation. What
ever Congross may properly do touch
ing tho regulations, one of two things
must follow : eithor the hltered or tho
new regulation remains a Stato law,
or il becomes a law of Congress. If
il remain a Statu law, it must, like
other laws of the State be cnlnrccd.
through its instrumentalities and
agencies, und with the penalties which
il may we fit to prescribe, and without
the supervision or iotorlorence of Fed
eral officials. If, on the other hand, it
become a law of Congress, it must bo
carried into execution by such officers
and with such sanctions as Congress
may designate. But as Congress has
not oltaied the regulations for the
election of -Representatives prescribed
by the Legisliitiiro of Ohio or of
Maryland, cither as to lime, placo or
manner, nor adopted any regulations
nf its own, there is nothing for the
rudoral Government to cnlorce on tho
subject. The general authority of
Congress to pass all laws noccssary to
carry into execution its granted pow.
ere, supposes some attempt to exercise
those powers, i hero must, therefore,
bo somo regulations mado by Congress,
either by altering those prescribed by
tho State,' or by adopting entirely now
ones, as to the times, pluces and man
ner of holding elections for Kepre
scutatives, before any incidental jxw
ors can bo invoked to compel obcdionco
lo them. In other words, tho implied
power cannot be invoked until some
exercise of the express powor i, at
tempted, and then only to aid it exo
cution. There is no ox press power ia
Congress to enforco Stato lawa by im
posing penalties for disobedience to
tbem ; its punitive power is only im
plied as a necessary or pi oper means!
of enforcing its own laws ; nor is there
any power delegatod to it to supervise
the execution by State laws.
MO POWER IN CONORKSS TO ENFORCE
STATE LAWS.
If this view be correct, thore is no
power in Congross, independently of
all other considerations, to authorize
th appointment of supervisors and
other officers to superintend and in
terfere with tlioulection of licprcscnta
tives under tho laws of Ohio and
Maryland, or to annex a penalty to
tbo violation ot those laws, and the
action ol the Circuit Cou rls was with
out jurisdiction android. The act of
Congrcss in question was passed, as It 1
soonis to mo, in disregard of the object
of the constitutional provielon. That j
was designed simply to give the Gen
eral Government tbo moans ol Its
own preservation against a possible
dissolution from the hostility of tho
Slates to the election ot Huprcsenta
tives, or from their neglect to provide
suitable mean lor holding such elec
tions, ibis n evident Irom tho lan
guage of its advocate, some of tbem
members ot tbe convention, whon the
Constitution was presented lo the
country for adoption. In commenting
nnon II in his rennrt nf the dchatos.
to givo the .National Legislature
a power not only to alterthe provisions
of tbe States, but lo make regulations,
in case tbe States should fail or refuse
altogether." ( Elliott's Debates, 402.)
And in the Virginia convention called
to consider the Constilution, ho ob
served lhat "it was found impossible
to fix tho time, placo and manner of
tho election of Representatives in tbo
Constitution. It was found necessary
to leave the regulation of these, in tho
first place, to tbe State governments,
as being best acquainted with th situ
ation of tho people, subject to tho con
trol of tho Goneral Government, in
order to enable it to produce uniformity,
and prevent lis own dissolution, .i
Elliott's Dobatos, vol, .107.) And in
the t'etleralitt, Hamilton said that tho
propriety ol the clause in question
rosted "upon tho evidence of the plain
proposition that ovory Government
should contain in itself the menus of
its own preservation."
Similar language is luuuu in tbe do
batos in conventions of the othor Sluice
and in tho writing, of jurists and
Statesmen of the period. Tho conduct
ol Rhode Island was referred to as
illustrative of the evils to lie avoided.
That th State was not represented by
delegate, in Congress for years, owing
to the character and views ot tho pro-
vailing party ; and Congross was often
embarrassed by their absence. Tbe
same evil, it was observed, might re
sult from a similar cause, and Congress
should, therefore, possess the power to
givo tho people nn opportunity of
electing lteprosontalivea if tho States
should neglect to mako the necessary
regulations.
ALEXANDER HAMILTON'S OPINION.
In theConventions of soveral State,
which ratified the Constitution an
amendment was proposed to limit in
express terms tho action of Congress
to cases of neglect or refusal of a Slate
to make proper provisions fiir Congres
sional elections, and was supported by
a majority ot the thirteen Statos ; bill
it was nn.ny ananuoncu upon ino
around of tho great improbability ot
Congressional interference so long as
lho Statos performed their duty. Whon
Congress does Interfere and provide
regulations, tho duty ol rendering
them cttootusi, so lar as ihey may re
quire affirmative action, will duvojvo
solely upon the Federal Government.
It will then be Federal power which is
to bo exercised, and ll oniorcemonl, It
promoted by pnnitlvo sanctions, must
be trough Federal officers and agents ;
for, as said by ur; justice niory, in
I ntel vs. I'onnsyivania : "in .na
tional Government in tha absence of
all positive provisions to. the contrary
is hound tiirougn us own proper de
partment, legislative, judicial, or execu
tive, as th case may require, to carry
into clloct all tbe rights and nunc im
posed upon it by tho Constitution." It
Stale officers and Stato agents are em.
ployed they must be taken, as already
said, with the condition, upon which
the States may permit them to act, and
without responsibility to Ibo Federal
authorities. Tho power vested in Con
gress is to altor the regulations pre
scribed by tho legislatures of the States,
or to make nw ones as to th time,
places and manner of holding the elec
tions. Those which relate to the times
and place will seldom require any
affirmativ action beyond Iheirdoslgna
tion. And regulations as to the man
ner of holding them cannot extend be
yond the designation in the mode In
which the will of the voter ahall be ox
pressed and ascertained. It doe not
authorise Congress to determine who
shall participate in th ioction, or
what shall be tbe qualification of vo
ter. Theso are matter not pertain
ing tn or involved in the manner of
holding the election, and their regula
tion rest exclusively with tho State.
Th only restriction upon tbem with
respect to theso matter, 1 found in tb
provision that the electors ot iicprc-
TEEMS $2 per annom in Advance.
: . mcntsand municiprllcorporationswith
NEW SERIES-YOL 21, NO. I2:;rei:3
, local administration ia indispensable to
sonttttivos in Congross shall have the tho heads of departments and of the
qualifications required for tho electors army ond navy with power to pre
of the moat numerous branch of tho j scribe regulations lo enforce discipline,
Stato Legislature, and tho provision i order and efficiency. 1 Is possession is
relating to tho suffrage of tho colored I implied in thoir creation but legisla
te. And whatover regulations Con- l'vo power over subject, which come
grcss may prescribe as to tho manner under lho immodiatu control of Con.
of holding tho election for Represent!!-! Kress, such as defining offense tho
tives must be sofrnmedas tn ieuvu the' United Stutes and prescribing punish
election of Slato officers free, nthcrwisu ' "''- for them, cannot lit- deli guled to
they cannot bo maintained. In one ol 1 '"' "ihcr giiteiiiiiiei.i or- nihority.
the numbers of the Feitmilit, Mr. ''ongre. .atiiiol. lor exuini le. leave lo
Hamilton, in delendinir the adoption of
lho clause ill tho Constitution, uses
. . . . i
Hub languugo : "Stipposo an article had
been introduced into tho Constitution
empowering the United Slates to regu
late tho elections for the particular
statos, would any man havo hesitated
to condemn It, both aa an unwarranta
ble transposition of power and as a
premeditated ongino lor thodestrucllon
of the Stato Governments? The vio
lation of principle In tbia ease would
have required no comment." By tho
act of Congress, sustained by the court.
an interference with Slato elections, aa
authorized, is almost as destructive ot
their control by lho States as the
direct regulation, which, ho thought.
no man would hesilato to condemn. '
CONTROLLING! THE CHOICE 01' SENATORS'.
The views expressed derive further
support from tho fact thai tbo consti
tutional provision applies equally to
tho election of Senators, except as to
tho place of choosing them, as it docs
to tho election of Itupresenlativcs. It
will not not be protended that Con
gress could authorize tho appointment
of supervisors lo examine the roll of
members ot Stale Legislatures and
pass nnon the validity of their titles.
or to scrutinize the balloting for Sena -
tors; or could delegate tospecial deputy
marshals the power to arrest any mem
ber resisting and repelling the inter
ference of tho supervisors. Hut If
Congress can authorize such officers to
interlcie with the judges of elec
tion appointed under State law sin the
discharge of their duties when Jicnre-
scntativcs are voted for. it can author-iject
ize inch officers to interfere with mem
bers of the State Legislatures when
Senators ar voted for. The language
of the Constitution conferring power
upon Congross to alter tho regulations
ol the Status, or to mako now regula
tions on the subject, is as applicable in
tho ono case as in the other. The ob
jection to such legislation in both casus
is that Stale officers are not responsible
lo tbo Federal Government for the
manner in which thoy perform llicir
duties, nor tn its control. Penal sunc-
,;,,. , eoercivo measures by Federal
nw ,.annot bo enforced against them,
W henovor, as in some instances is the
caso, a Stato officer is required by tbe
Constitution to porform a duty, tbe
manner of which may bepreacribed by
Congress, as in the election ol Senators
by Stat Legislatures, those officers arc
responsibloonly to theirStales for their
official conduct. The Foderal Govern
ment cannot touch them. Thcro are
remedies for their disregard of its reg
ulations, wbicb can bo applied without
interfering with their official character
as Stato officers. Thus, if its regula
tion, for ihei rdpefinn of Senatorssbould
disregard of them might bo invalidated;
but no one, however extreme in his
views, would contend that in such a
caso the members of the Legislature
could bo subjected to criminal prosecu
tion for tbeir aotion.
lNTERFERENOEOr SUPERVISORS ILLEGAL.
With respect to tho eloction of Hcp
rescntatives, so long as Congress docs
not adopt regulations of its own and
enforce tbem through Federal officers,
but permit tho regulations of tho Stales
to remain, it must depend for a com
pliance wilh them upon the fidelity of
the State officers and their responsibil
ity to thoir own government. All the
provision of the law, there! ore, author
izing supervisors anu uiareuain it, uiiui
furo with those officers in tho discharge
of their duties, and providing for crim
inal prosecution against them in the
Fedoral courts, are, in my judgment,
clearly in conflict with tho Constilution.
The law was adopted, no doubt, with
tbo object ol preventing Irauds at elec
tions for members of Congress, but il
does not seem lo have occurred to its
authors that the Statos are as much
interested as tho General Government
in guarding nirainst frauds at these
eleulions ' and in maintaining thoir
purity, and, If possible, inoro so,s tbeir
principal oincors aro elected at mo
same time. If fraud be succeaaluliy
perpotratcd in any caso, thoy will be
lho first and grcatosl sufferers. They
aro invested with tho solo jiower to
regulato domestic affairs ol tbo highest
moment to tho prosperity and happi
ness of their people, affeclisg tho ac
quisition, enjoyment, transfer and de
scent of prosperity ; the insrriaTge rela
tion and tbo education oi cnuuren ; and
if ancb momentous and vital ooncorns
may bo wisely and saiely intrusted to
them, I do not think lhat any appre
hension need bo tell if tbo supervision
of tho elections in Iheir respective
Stales should also be left to them.
THE LAWFUL POWERS OF CONURESS,
Much ba been said In argument ol
tbe powor of lho Oeneral Government
to enforce its own laws, and In so do
ing to proserv the peace, though it is
not vory apparent. what pertinency
tho observations have to the questions
involved in the cases before as. ' No
ono will deny that In tbo powers
trrantod to it lho General Government
is supreme, and that, npon all subjects
wltbin their oope, it can mane its au
thority respected and oboyed through
out the limits of the Republic; and
that it can repress all disorders and
disturbance which interfere wilh the
oM'oreement of its laws. But 1 am
unublo to perceive in this fact, which
all aensilale racn acknowledge, any
cause for tho exercise of ungranted
power. Tho greater ils lawliil power,
the greater tho reason for the usurp
ing more. Unrest, disquiet and dis
turbance will alwavs arise among a
people, jealous nf thoir rights, from the
exercise by the General Government
of powers which Ihey havo rosorvod
10 themselves or in tncir maiw.
PUNITIVE CONOREHSIONAL PROVISIONS
ll.I.ttlAI..
My second proposition is that it is
not competent for Congress tO' make
the exorcise ol it pnnitiv powor tie
pendent upon the legislation of th
Slalo. The act upon which the in
dictment of tho petitioner from Ohio
Is founded, make, th neglect or vio
lation of a duty prescribed by a law
of th Stato in regard to an election al
which a Representative in Congress it
volod for, a criminal ofteuso I t does
not say that tha ncgloct of disregard
ot a duty prdscrilwd by any existing
law ahall constitute such an offonae.
It is tbe neglect or disregard of any
duty prescribed by any law of the
Slate, present or future.' Tho act ol
Congrcs is not changed In terms with
tbo changing taws of th Slats but
it penalty ia to be (bitted with the
shilling humor of Ui Slato legisla
tures. 1 cannot think that such pnni-
live legislation i, valid which varies,
, not by direction of tho Federal legisla
tors, upon new knowledge or larger
experience, but by lho direction ol
some external authority which makoa
the aamo act lawful in ono State and
criminal in another, not according lo
the view, of Congress as lo its pro
priety, hut to thoso of anotbor body.
The Constilution vests all tbo legisla
tive powor of lho Fodurul Government
in Congress; and from its nature thia
power cannot be delegatod to other,
except aa its delegation may bo in
volved by tho creation of au inferior
local government or department. Con
gress can endow territorial irovorn-
their existence.
kn ill,,, I. ...n l.,.,.
, 'be Suite the enactment of laws and
rcsirict lho United Slates io Iheir en-
forcement. i ..
TUE MAJORITY DECISION AND ALIENS.
There are many citizens of the Uni
ted Stulos in foreign countries, in Ja
pan, China, India and Africa. Could
Congrcs enact that a orime against
one of those States should be pnnished
as a crime against tho United States?
Can Congress abdicato its functions
and acpnto foreign countries to act for
it? 11 Congress cannot do this with
respect to offenses against those States,
how can it onforco penalties for of
fenses against any other States, though
they bu of our own Union? if Con
gress could depute its authority in this
way ; if it could say that it will pun
ish as an offense what another power
enacts as such, it might do the same
thing with respoct to the commands nf
any other authority, as, for example,
of lho President or tho head of a de
partment, it could -enact thul what
the President proclaims shall bo law ;
that what bo declares to be offenses
shall he punished as such. Surely no
one will go as far as this, and yet 1 am
unublo losoe the distinction in princi
plo between the existing law and tho
n 1 suppose, which seems so extrav
agnnt anu nnsnra.
I will not pursue the subject further,
but thoso who deem this question at
all doubtful or difficult may find some
thing worthy ot thought in tho opin
ions of the Court of Appeals of New
York and ol tbe Supremo Courts ol
several other States, where this sub-
is treated wilh a fullness and
learning which loaves nothing to be
improved and nothing to be added.
i am ol tho opinion that the act of
Congress waa unauthorized and in
valid ; tbut the indictment of the peti
tioner from Ohio, and also the indict
ment of the petitioners from Maryland,
and their imprisonment, are illegal,
and that, llicrulore, tbey should all be
set at liberty ; und 1 am authorized to
state that Mr. Justice t hflord concurs
with mc.
A nO.VAXTIC .STORY.
The billowing story has come to tho
hearing ol tho Atlanta (Ga.) Constitu
tion : ".Many years ago there was a
young fellow named itigelnw sent by
bis father to Ynle College. Tho lather
was very iich,and tbo youngster lived
in giand stylo at the university. Sud
denly tbo old gentleman broke up and
had to withdraw his son from college.
Tho boy, however, telt tho necessity
of an education, and determined to
have ono anyhow. He therefore went
to work and learned a trade as a ma
chinist, whii-iv.V-;r4;.'t..vJ -
niiyiningvo On VfTtfl Itlm. lho young
ludies with whom he had been a great
fuvorito failed lo recognize him when
thoy met him. Ono day when going
from hi work ho met a wealthy young
lady who bad been bis friend, lie had
bis tin dinner bucket over his arm, and
supposed she wonld cat him as the
rest bad done. She smiled pleasantly,
addressing him as 'Tom,' and insisted
that ho should call and see ber as ho
had always done. She said, 'Tbero is
no change in you as far as I am con
cerned.' Tho years rolled on. Tho
young work-boy becomo immensely
wealthy, and Is now the Mayor ol
New llaven, wilb an income of . 1 100,
0(10 a year, and owner of a factory in
which 1,5110 men and women are em
ployed. Tbe young girl grew to wo
manhood and married. Hor husband
borrowed a largo su m of money from M r.
lligclow, and died before he had paitl
it, leaving his family with but little
property. Mr. Bigclow sent ber, with
his condolence, a receipted note for her
husband's indebtedness; and now the
son of Bigclow, tho millionaire, is go.
ing to marry lho dnughtor of the one
woman who was faithful and true to
tb young work -boy at college"
A r HE AC 11 Eli SWIXDLEP.
Tbo other evening, when tho snow
was on tbo ground, itev. Charles Haas,
who lives hi 253 Brush street, received
a call in tho shape of two pilgrims who
wished to tread together to tho rosy
path of wedded bliss. The husband
was a rather rough-looking customer,
and his girl a clumsy-looking maiden,
who from sbamo facednoss or some
other reason did not remove hor veil.
Tbe twain woro askod tbe usual ques
tions, tho femalo answoring in a con
strained voice, and Ihcn the ceremony
was proceeded wilh and finished. The
bridegroom pulled out a 120 bill, and
the reverend gentleman, not having
lho change, sent out and got it, handed
Jl j back, and the newly married couple
departed. A tow days afterward Mrs.
liana gave a sudden sniff and said,
"Did yon seo that woman's feet V Mr.
Haas acknowledged that he bad not
taken particular notice. Mr. Haas'
mind was working like Tennyson.
"Princess" when sho connod over tb
visit of ber disguised suitor and bi
companions, and finally said that tbry
were like men ; and then a new light
breaking In, she added, "Wby these
are men I" So Mr. Haaa, by the
bhiiio train of lominine induction, said,
"That woman was a man. I aaw her
his feet. Let's look at them in lho
snirw." Sure enough the tracks to th
gate looked like the foot print ot two
men. And next day, aa if to make
confirmation doubly euro, the 120 bill
was discovered to be a counterfeit, and
Mr. Haas is out 111, beside being
looted in an atrocious manner by a
couplo of fwindlors. Drtmit iYnrs.
e aa a'
As wo are rapidly floating down life's
nigged stream of timo toward tho
brink of eternity, let lis think and do
nothing bnt thai which will be worthy
of praiso by our fellow travelom, and
commendable in th sight of God. W
aro bnt mere morula, having nor hab
itation in the dust, and as year by year
swiftly brings us to where we shall
finally be laid try our earthly menus,
let us baste to sow seed from which, '
after wo havo passed away, conquest
after conquest will be tbe fruit. He
ware ol lov, for earthly thing, ; w
uitiat slcel our hoarls and mind, against
even the thought of joys which hav no
connecting link with tb endless chain
of heavenly bliss; bat, rather, let a,
fix our affection, on beaven that ha
ven of everlasting rest toward wbiob
th faithful and piea Christian I jour
neying the only spot where the acoi
of mortal hope can terminate.
. . .. iua, egewei a n
A good motto for a man Jaat starting
a mustache: Down in front.