The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-09-04

the time when both houses of the Forty-sixth
Congress would be in the hands of the Democ-
racy The struggle has been continuous, from
the moment the Democratic party gained power
in the House of Representatives, to remove the
restrictions upon the commission of frauds, at
the election of members of Congress and Presi-
Dental electors
The present Congress, controlled as it is by
the champions of State sovereignty, is trying to
strip the United States Government of the pow
or to execute its own laws; to take away the
/ power which belongs to every Republican
Government--the power to keep the peace at
lts own elections.
State rights are as dear. to Republicans as to
Democrats. But the egotistical heresy,s which
has been called by that name, we abhor By
| this fatal heresy it was claimed that States
could secede from the Union, and could ,ullify
the operation Of acts of Congress within their
limits BY the same token it is now claimed
that the State only has the function of regu-
atlng and controlling the election of members
Of Congress, and that the United States, within
the sacred limits Of sovereign State, is to be
regarded either as guest or an intruder.
Gen. Ewing in his speech at Music Hall, after
some railing accusations against the Republi-
can party, exclaimed: "But States yet stand
untouched-States to whom our fathers in
framing the constitution reserved the vast mass
OF the powers of the Government giving burt
little, comparatively only enough for the pur-
poses of the actual and necessary welfare, to
The General Government" "The next move"
| he says, towards the destruction of popular
ACKNOWLEDGEMENTS empire--is TO under
mine these fortresses of American liberty
We hear now the doctrine preached, unknown
and unheard of ever heretofore in America,
chat there is no such thing as State rights
Where he has heard such doctrine preached
it is hard to imagine. It certainly is not Re-
publican doctrine While we may not be so
| l. :lA11
ers which our fathers, by the constitution, con-
ferred upon the Genel al Government, we have
| always cgnized and maintained the ample
powers reserved to the States.
1t is proper here to state the plain distinction
existing between the separate spheres of opera
ton Of the State and United States Govern
ments. The State Government has ample
power for the administration and control of
State affairs It's Jurisdiction is domestic and
not foreign. 1t is local, and in general is linn
tied in it's operation to it's own boundaries. 1t
concerns the enforcement of it's own laws. 1t
provides laws against perjury, forgery, coun-
terfeltlng, riot, theft, arson, robbery, murder;
against the violation of the safety and order Of
families; against the violation of themunicipal
regulations of it's towns, villages and cities;
against the violation of it's election laws
These and many other legislative provisions,
belong to the state Government. In some
things the State authority is concurrent with
that Of the United States. In regard to those
subjects which belong to the State Govern
ments exclusively, the United States has no
concern orpOWer, unless the State Government
shall find it's authority threatened and liable to
be overpowered by violence, and shall call up
on the General Government for assistance, in
which case it may be the duty of the General
Government to call forth the militia of the
States, or to use the army and navy to suppress
such instruction or violence Now, whoever
n oyyf i1TG 4En lao
laws of the State, breaks the peace of the
State. Whoever by force deprives oiti-
zens of their rights as citizens, or
as voters, commits a breach of the
peace. The peace which a State is charged
with maintaining is obedience to the laws
against unlawful violence. Hence, the courts
OF the United States do not take jurisdiction of.
a murder committed in a State Ordinarily,
riot, or theft, or robbery, murder are crimes
against the laws of the State, and not of the
United States Even the Ku-Klux, who band
ed together to inti1nidate and commit violence
against colored citizens, either to prevent them
from assembling together or to prevent them
from bearing arms, and committing q murder
IN SO doing, were not amenable to the tribunals
of the United States for murder.
The United States Government does not as
sumo to administer the criminal laws of
State. Their. criminal jurisdiction is confined
81.
But there is q sphere as distinct and we'll
defined which belongs to the United States,
though within the geographical limits of
State, over which the Executive, the Legislative
and the Judicial Departments of the General
Government exercise national power It sends
the mail to every town in every State and de-
hvers 1t to every inhabitant, and protects it's
own agents from all interference State author
Tues can not oppose it, II they should attempt
to obstruct the mail they would be subject to
Indictment and punishment by the United States
courts, and there is not sovereignty enough in
any State to save them. Although the mail is
delivered within the limits of the State the
State has no control over it nor any business to
NEEDLE with it. And of the violations of the
Postotfice laws committed within a State,
the Federal courts alone ha,a jurisdic-
ton. The United States court which
tries thief who had stolen letters or money
from the mail in Ohio and the State court which
tries any other thief are alike at home. The
State Government has no more right to turn
the Federal Government out than the Federal
Government has to turn out the State. They
| are both at home on the same soil.
Neither can in any sense be regarded as an in
truder. Each has the right and duty to attend
to It's own business in its own way and, if
either becomes conceited and undertakes to
dictate to the other, it may excite bad blood and
| cause some commotlon, but it cannot change
the law Or the constitution, and will, sooner or
later, have to subside and mind its own bust
ness .@ @
The Federal Government protects the inge-
nuity of it's own citizens in whatever State they
may reside, by granting patents for their in
| ventions, and into whatever State the patentee
may go, to make, or vend, or use his Invention,
he is acting under and by the authority of the
National Government, and no State authority
can hinder him.
/ The National Government levies its tax on
whisky and collects the tax, asking no leave of
any funclionary of the State. The Collector of
the Revenue of the United States in Cleveland
is just as much at home in Cleveland as is the
! Treasurer of the city, and the same is true of
the United States officer in Charleston, 5.
c., or in New Orleans, or in any other
| city Or State of the Union. Any man who OBJ
structs the Federal officers in the collection of
the revenue, or defrauds the Government of
the taxes, is punsha BILE by the Federal courts.
1t has been for some years regarded in the
mountain regions of Kentucky, Virginia, the
Carolinas and Georgia as one of the State rights
to have free whisl1y--that is. to make whisky
without paying the Government tax When
tried for violation of the Revenue laws these
people complain of the tyranny of the General
Government. But no State court Or Governor