The daily gazette., 1877-01-03

ment, reserved" are as independent OF
| OF the general government as that govern
ment within its sphere is independent OF the
States"
say: rs
'' Two of the great departments ofthe gov
ernment, the executive and legislative de-
pend upon the exercise of the powers or
upon the people of the States. The Con
stitution guarantees to the states repub-
| lican form of government and protects
each against invasion or domestic vio-
lence. Such being the separate and indie
pendent condition of the States in our com =
| plex system, as recognized by the Consti-
tuition, and the existence of which is so
1 Indispensable. that, without them. the gen
eral government itself would disappear
from the family of nations, it would seem
| to follow, as q reasonable ifnot q necessary
consequence, that the means and instrum-
| entalities employed for carrying on the oper-
ations OF their governments, for preserving
their existence, and fulfilling the high and
and responsible duties assigned to them in
the Constitution, should be left free and un-
| impaired, should not be liable to be Grip
pled."-
Again:
"Without this power and the exerci So
of IL, we risk nothing in saying that no on
of the States under the form of government
guaranteed by the Constitution could long
preserve its existence. A despotic govern
ment might. We have said that one of the
reserved powers was that to establish "a
judicial department /; 1t would have been
more accurate. and in accordance with the
existing state of things at the time, to have
said the power to maintain q judicial de
partment All of the thirteen States We're
In the possession of this power, and had
exercised it at the adoption of the Consti-
tuition; and 1t is not pretended that any
grant of IL to the general government.
is found in that instrument. Ut
is, therefore, one of the sovereign powers
vested in the States by their Constitutions,
which remained unaltered and unimpaired
and in respect to which the State is as in
dependent of the general government as
that government is independent of tho
States"
Again, in End Otto's U. S. Supreme
Court Reports 55O-51,i United States rs.
Cruil1shank, ct. al.
THE people of the United States resident
within any State are subject totwo govern
ments; one State and the other National;
but there need be no conflict between the
two The powers which one possesses
the other does not. They are Established
y0r MUtTeH purposes, and hare separate
IJarislctiO',s. Together they make one
whole, and furnish the people of the
United States with q complete govern
ment, ample for the protection OF all their
rights at home and abrod; True, it may II
sometimes happen that person is amend
able to both Jurisdictions for one and the
same act, Thus, IL u marshal of the United
Statesis unlawfully y resisted while executing
the process of the courts within a State,
and the resistance is accompanied by an
assault on the officer of the United States
is violated by the resistance, and that Of the
State dy the breach 9fpe%ce IN the assault.
"This docs not, however, necessarily i'm
ply that the two goyernments.r r ossess pow
ers in common, or bring them into conflict
with each other. 1t is the natural conse-
quence of a citizenship which owes allegi-
ance to two sovereignties, and claims pro-
lection from both The citizen cannot COM
plain, because he has voluntarily submitted
himself to such form of government. He
owes allegiance to the two departments, so
to speak. and within their respective
spheres must pay the penalties Which each eI-
can demand protection from each within its
own jurisdiction.
The government of the United States is
one of delegated powers alone. Its author
ity is defined and limited by the Constitu-
tion. All powers not granted to it by that
instrument are reserved to the States or the
people, No rights can be acquired under
the Constitution or laws ofthe United States
except such as the government of the Uni
ted States has the authority to grant or Sc
cure. All that cannot be so granted or Sc
cured are left under the protection of the
States"
Futher, in the same case, the Court
say:
ttJfttUuU u WW non Ot CtutHttu HtuG ttt Cft-
ted States hare The 1lOtCer or are required 10 do
mere police Cluty in The States, Ifa State can
not protect itself against domestic violence,
the United States may, upon the call of the
Executive, when the Legislature cannot be
convened, lend their assistance for that
purpose This is u guaranty of the Consti
tuition, CART. 4, Sect. ~; but IL applies to no
case like this"
FEDERAL USURPAT1oN.
II oo,. 40 .onro, 1,o Jo,,bta6 tbot tI,n
claim of power has been deliberately
made, and frequently and extensively
executed by the President OF the United
States and his associates in office, of a
general police supervision ofany and of all
the States, whether, under general plea OF
keeping "the peace of the United States
or securing fair and peaceable elections
or fair count Of the votes cast in any
State.
Under this claim and exercise of power
and under circumstances not contem-
plated nor provided for by the Constitu-
ton Of the United States in a time ofpro-
found peace the armed forces of the
United States have been sent into the
State of Virginia to remain near the
polling places in Petersburg for a
period preceding, during and following
| the general election in that State. A res
olution of the Senate of the United States
has been responded to by the President
in message which l believe to have been
happily without precedent in the history
of this country, either in tone or substance
! in which he fully justifies the posting of
U. S. troops i'll the States during elections
and at the polling places, thus, to use the
remarkable language of the President,
securing the very essence of liberty"
forbear further to characterize this
communication, expecting to enter my
most emphatic protest against the claims
of power it contains, and my most hearty
dissent from all his propositions of law.
In South Carolina the election was held
in the presence of the United States
troops, avowedly placed under the control
of one of the candidates for Governor, and
the organization of the State Legislature
entirely controlled by corporal and his
guard acting under the authority and
direction of the President of the United
States and his military subordinates, in