New-York tribune., 1870-11-02
NATIONAL ELECTION LAW.

tnetAuorney Davis moved the indictment against Ter
cnoe QUINN for fraudulent registration and asked that
the pr isoner be arragned TO plead.
r. W. btoughton-As his counsel have sople sayges
Tons 70 make TO the Court This OF a number Of
found under the act Of Congress passed the
slst of May, 1870 bor the punishment OF ofenses commit
ted against the Rsgstry Of the State OF NewYork
Having examined the statute ana this indictment twas
the opinion OF counsel that grave questions would arise
as to the validity Of the act Of the United States Con
ess and as the could be writ of allowed the
defendant and only mode of enabling him TO carry
he question To the Supreme Court Of the United states
cult Court should be composed Of two Judges for the
slderaton OF thsss qustons that, on certificate Of
Court Of tho United States tnat being the only WY D
criminal cases. in which the opinion OF that Court can e
We have to request with gresk respect in wow ofthe
consequences that must follow the execution OF this law
whether III DE declared valid invalid. on behalf or the
persons who are indicted under less. perhaps on &C
quesoss 70 be- aaan your HONOR
the District Jpdgc that we may have the beneftcf
we entitled to it, II this is held to be good law we
desire to know whether party can suffer for an eense
same act under the State law also. -,
Judge Blatehford sent for. and Mr. stoughtonan-
dctment on the ground that the Grand Jury WA not
properly constituted and then take demurrer upon
The gave notice that II the dcmurrar
was not sustained he shad insist upon final judg
against inc party ntorosng it, In accordance with the
Judge woodruff eXplioty stated that he shouts ndmit
the demurrer without piedging himself in any way as.O
9s iHnre course With reference to the case and MT
under these well understood conditions.
Afier the arrival OF Judge Batchford, Mr. Stanght9n
vtmade by Quinn hise charging that the Grand Jnrora
were drawn from panel made from the directory.
without regard TO their qualifications In reply, Judge
Davis maintained ttiat motions to quash could only be
based upon defects appearing on the face Of ths ndlc
could not be mscb upon the grounds suggested in the
Mr. stoughton-The Court will not heag. as upon the
question Of the Qualification of these Grand Iurorst
Judge Woodruf-The motion is overrued.
George Ticlnar CurtisI will state then the points
and grounds OF onr demurrer:
Frst: That he act Of Congress passed Nay 81, 1870
entitled Act to enforce the rights Of citizens Of the
United States 70 vote In the several states OF this UnOn
and for other purposes" so purpors make
the ofense charged in the Indictment crime against the
United states Is repugnant TO the Constitution Of the
Second That the said indictment does not state facts
which constitute an oensc under tue act Of Congress
This indt,tment against Terence Quinn Ia in - counts
ehargins N various forms certain oaenses agsns. the
all oenses referring to registration preparatory To
an election In certain district III tnis sy IoI NE a.
Der OF Congress. In the hrst place, Is npossiDe 70
understand this section without looking outside OF Its
ons oaenses connected therewits. We look in vain
through the statute-book OF the United states
entirely beyond the legislation Of Congress in order
TO know what registration rs, and to hnd any
aware there is law of the State of which
provides for system OF registration OF voters III TINS
oerses aganst gistraon. and axes certain pom
aliies TO those oenses far this law Of the state
code Of The state to be enforced course by the Judi
cial authority Of the state To apply this &c, OF C3n,
laws OF the state the statute Itself carries
Here then we nave q law of the United States which
undertakes to enforce State law by making certain acts
declared unlawfulby the State, crimes against the United
states punishable by distinct penalties to be enforced
in this Court. The theory ON which this statute pro
purposes a portion OF the State law, and. hav-
ing adopted i. proceeds to impose additional pen
the state law But how there be any adoption by
the National GoveInmen OF part of the law OF tho
power that exercised by the statei All powers en-
eral taxation, exclusive aud all other powers are
exclusively retained by the States Congress has never
happened that the state has undertaken TO enforce
law OF Congress; The legislature OF Pennsylys AMI
ect the penalties denounced against delnque Mt militia
penalties be enforced by state oourtmara In the
of Hueston and Moore arising under this law there was
Court tie point that State cannot adopt penal law
Of the United states and enforce its penalties in its own
Courts and the Justice rendering the decision distinctly
that he considered the opinion condemned to be
novel and unconstitutional doctrine. Autats nnands.
the United states In the case before U.S. insists upon
being an auxiliary, II not principal or even para
Now what is the test of the validity OF legislation by
of these powers IN aid OF the enforcement OF the
Gov ernmens has legislaed IT sees fit upon matters
well known be within its constitutional capacity ana
other in creating Onenscs ana Imposing pen
altes of additional nature by Its own authority the
legislation Of the latter Government must he referred 10
asre ana fset ref Sc craon ~ the former Gov
eruent II the powers exercised by both are OF the
subject matter T. the same aud ii the indvidu0ls the
same then there il conflict OF legislative wllsbetween
distinct legislative bodes II the LEGISLATION OF one
overpmen is capable of being referred to the exercise OF
power distinct from that of the other then there ls no
proceed harnonousy. For example the State punishes
certain act under the exercise Of lts known powers,
imposes additional punishment upon the Same offense
when committed by the same indiydua-Terence quinn
To sustain this yo refer IL TO power in Congress
of different nature from that which the State has pre-.
yously exercised. The moment you reach cODnct OF
must uonre for the supreme authority in Congress
the subject matter and II you do not nd II That cOnlc
OF willis cannot lie solved, and Is repugnant to that law
which vests in the States all the powers not vested In the
General Government. II the State has power TO pass
ssnd n Congress comes in aud adds further penalties
you have a conflict of legislative Wills III you can ma
ent nature 70 net On this subject you solve the conflict
and the State legislation falls; but the very terms OF the
unimpaired say that you must, in order to get foot
ing Federal supremacy have an act OF congress
The STATE law out of existence and two things
as necessary to shown by the to sup
| port the constutionality OF this law:
! Firsi: He must find supreme power In congress 10
| act on the subject OF the registration of voters
Sseona ne Of s that power to the exclusion Of all
power OF the state over the same subject o., a., .
| legislative wills. 49,. ,. -, ,h f,o,s,i,,.
tion on which. suypcs, ,ae hsenp' VIII 10 i"uo "
ARTICLE L. section THE times places ana manner OF
boIdnp elections for Senators and Representatives snail
be prescribed in each state by the Legislature there0
but the Congress may at time by law make or ater
such regulations, except Us 10 the paoo' VI onoo's
| Senators. .,,.,o q. s,, Tho, ,ha
trainers of the Constitution did not intend by this clause
10 vest in Congress either ~ an original or as super
/ strafio