The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1878-11-16
Federal Intrusion In Ohio.
(Cincinnati Euquirer.1

thC thNsEudtlDu tHdt HAS DteIl
kindleC in Ohio by the uncalled fur
intrusion of the Federal Govern.
ment in the conduct of Ohio cleo
tiOns is general aud just. The ma
jOrity Ut the people of Ohio are sur
prised to be told that there is a law
authorizing this insult to this State.
The feeling of resentment is not
bounded by party lines. The senti-
meDt of the people is that the in
reference Is uuwarrantable and ex-
tremely offensive. Of the insOlence
of the action taken when he Federal
Government moved into Ohio to take
charge Of the election of IL Surveyor
of Hamilton country and of two
menhers of Congress the people of
this city, and this county, and this
State, who are the parties insulted.
are the tit judges. WepropOse once
more to call attention Ia the lawless-
ness of this Federal conduct. The
appointment OF Federal Supervisors
of our local elections is uncOnstitu-
tiOnal:
1. Because, as Judge Hoadly ably
showed, it Is not within the consti-
tutiODal power of Congress to i'm
pose non judicial action, upon the
Courts. This is political action, as
every body knows. 1t is action that
can not lawfully Ice required of the
Court. and which the Court can not
lawfully take. even if required. This
has been the uiiiaiptssioned theory of
the Supreme Court, and of the ATTEST
jurists and judicial minds OF the
country since 1893.
The action il Unconstitutional. in
the second place, because, while the
law making power of the Federal
Government eau make or alter the
regulations for holding the elections
for representatives, il can not itself
do the thing--conduct the elections.
The letter and the spirit of the Con-
stitution are quite plain ON this
point. The fonrth section of the
first article of the Consultation says
that 1.-THE times, places and manner
OF holding elections for Senators and
Representatives shall be prescribed
n each State by the Legislature there
Of; the COugiess may az any time
make Or alter such regulations, ex-
cept ia to the places of choosing |
Senators" The entire control Of |
the times when the members of the |
House shall Ice chosen. the places
where they shall he chosen, and the
manner in which the elections shall |
be held, is, primarily. within the
State alone. The people of the States
are tn do the thing. The Legisla-
lures of the States are primarily tn
direct how, where and WHEN it shall
be done. The Congress can only
alter regulations which the State
Legislature has made for these elrc-
tions; it can by no means itself take
charge of the elections through
agents of its creation. 1t has no
original power in the premises. First
or last, Congress can not elect mem
beers of Congress, directly or indi-
rectly. Our Congress can not take
charge in any way or degree of the
election of any succeeding Congress
That would he u hideous. thing in
our system. That power given, and
there would be an everlasting Con-
gressionai succession. the divine
right of Kings would be- popular
freedom in comparison with this
The utmost the Congress can do is
tO modify the regulations ahnve
named under which the people of the
State, unaided and unhindered, may
Fleet their Representatives. in Con-
gress. No officer or agent or EN-
plOye of the Federal Government
has a lawful, constitutional right, as
'uch, to lift finger or perform an
vet, save to vote, in any such elcc-
ion. To prescribe the time when ,
'r the manner in which thing shall
DC done is tar different tn doing the
hing. The right to do the former. I
n this Case, specially excludes the
authority to do the latter.
Having shown that the STAT ,
lnder which the United States Dis.
ric, Court acted in appointing Su- i
,ervisors in ribs city il double I'M +,
we propose to prove \
hat the action of the Court was tia- i
.rantly lawless, even though the :
tatute were constitutional. The /,
aw of 1871, under which the Court :
cted, declares (sec. 2025. p. 357,
Rev. Stat. U. 81: 1.-The Circuit
'ourts of the United States for each |;
Judicial Circuit shall name aud ap- r
'oint, on or before the first day Of \
Way in the year eighteen hundred :
md seventy one; and thereafter as j,
dcancies may from any cause arise, i,
rom among the Circuit Court Com. r
nissi0ners for each Judicial District, ;,
D each Judicial Circuit one of such =
Ulcers, who shall I've known far the y
uties required of him under their. r
title as the Chief Supervisor of Elec- !,
ions of the Judicial District for :,
ihich he is u Commissioner, and :,