The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1873-01-18

Under the infamous Enforcement Act,
a collector Of county taxes in Delaware,
has been convicted and anca SO 900, sim
ply for disehargiag his duty as collector
under the laws Of that State. which duty
eonaieted with the provisions Of said law.
Gov. Ponder, Of Delaware, IN his late an
nual message TO the Legislature Of that
State, refers in terms Of spirited protest
and denunciation Of this unwarranted
assumption Of power lie says
The Congress Of the United States, howes.
or, BY an assumption Of power unwarranted
by precedent in the previous history Of the
country, and certainly dangerous to the hber-
ties Of the people as wen as the rights OF the
States, has, BY an act passed on the 3lsf Of
May, 1870, commonly called the enforcement
act, rendered these local officers amenable
TO Federal authority for the manner in which
they discharge their duties prescribed By
State law, and punishable By severe iudg-
menfs, IL convicted in the Federal courts, for
the neglect or omission Of those duties.
Under this law the members Of the Levy
tN0tAA4 4u1 uoAtA vi tltt NblttNtblc VI NUN
Castle county, have been indicted in FEEDER
al court, and one Of the collectors tried and
convicted. These officers are necessary parts
of our system Of government and essential 10
the proper administration Of public affairs in
the State but it may well be imagined with
what reluctance persons qualified to fill them
viii consent to enter upon the duties they inn
pose If they are to be held liable under FEEDER
al as well as State law for the manner in which
they discharge them. It is not stating the
case too strongly TO say that persons actuated
by partisan feelings may, under this law, pro.
cure the Indictment and conviction, upon tes-
timony Of doubtful character, Of every officer
connected with the assessment and collection
Of taxes in any county in the State. II may
thus be made the means Of interrupting. for
time at least, our local institutions to the seri.
Gus detriment Of public affairs in the State.
That | have not overestimated the possible
consequences that may result, need only re-
fer to what has already TRANSFERRED in New
Castle county. 1t is not my purpose to criti-
else the proceedings referred tom the Federal
court, or TO question the motives of those con
nected Herewith. Ny object is simply to call
attention to their possible ehectupon our local
institutions, that proper remedy may be
provided agninst their repetition in the future.
| cannot, however, as the executive Of the
State, withhold tn, expression Of regret at
the unwarranted assumption Of power by Con
gress in the enactment Of the law under which
these proceedings were had. From the form
alton Of the Union until the enactment Of this
law, no such claim Of power for Congress was
ever practically asserted. The right Of the
States to select their own officials and to reg
ulate their actions without any Federal SUPER
vision, had never been denied, and for more
than three-quarters of a century that right had
been exercised BY this State without Federal
interference. This assumed power of Congress
to interfere in such local affairs is predicated
upon the recent amendments TO the Constitu-
ton; but it would be forced construction Of
these amendments, and certainly far more than
was claimed by their advocates, before they
were engrafted upon the fundamental law,
that would warrant power so adverse to the
theory Of the government, as well as TO all the
rights Of the States over their own domestic
affairs. Ifthe Fourteenth Amendment con-
fers upon Congress the fearful power assumed
in the enactment Of the law under which these
indictments were found, it Is difficult To find
limit to its authority. There is bit on, step
between the exercise Of Federal supervisory
power over the officers Of the State and the
power to appoint them, and at no distant ,lay
il may be found that the exercise Of the one
suggests, If it does not necessita;e. the other.
I 1t is to be regretted that one by one the safe
guards Of liberty are disappearing in rapid
succession, and the limitations upon Federal
J authority so weakened or disregarded as
to form but feeble defense against consolida
ted despotism. But regrets are vain, and
! protests are unavailing. The strides Of FEEDER
al power are unstayed, and lis p0ztenious
shadow casts gloomy pail over the future
history Of the country.