The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-04-23

always In political accord with the adminis-
tration in power and always subject to the
necessary to show that the trainers of the con-
stitution never designed the Federal Judiciary
sary to show that the appointment and con
troN of election officers constitute no part OF
the judicial power of this Government? The
constitution declares:
"The judicial power of the United States
sn c Ge vesseo IN one conT ana from an
time to time ordain and establish"
1.-THE Judicial power shah extend to all cases.
in law and equity, arising under this constitu-
ton the laws of the United States, and treaties
thorlty; to all cases affecting ambassadors,
other public ministers, and consals; to ali
to controversies to which the United states
shall be a party; to controversies between two
of another state; between citizens of different
States; between citizens of she same STATE
states and STATE or the
thereof, and foreign States, citizens, or SUBJ
jects."
. This list of carefully enumerated powers
comprises all that the constitution devolves
oont out to me the Clause WHICH
as to udiea ee
which that power can Dc aP-
Is there anything in this specific designation
which relates to the control of Federal. State
judicial junction to appoint a supervisor or a
chief supervisor of elections? Is it a judicial
court, keep open court. and sit IN chambers at
the command of excited and prejudiced poll
our fathers to pretend that laws imposing such
services and duties on the judges of the United
thai sy virtue of the latter clause of section 3,
article 2, of the constitution IT is claimed that
United States courts the appointment of GER
tain inferior officers, and among them the
election officers to whom object. That clause
Is in these words:
But the Congress may by law vest the ap
pointment of such inferior officers as they
n1rs PTopef or IN the the ef m
But a construction has been placed on this
provision which shows that Congress can not
authorize the courts or the heads of depart
ments to make appointments outside of their
respective spheres Of duty. In the case ex
Peters, 257], the supreme Court of the United
States pass upon this question as follows:
article 2, section q it is provided that the pres
ident shall nominate, and by and with the
Certain officers therein designated. and ali
other officers of the United States whose APP
for, and which shall be established by law !; but
the Congress may by law vest the appointment
of such inferior officers as they shall think
proper in the president alone in the courts of
law, or in the heads of departments The
nart Of the section was no doubt Intended to
be exercised by the department of the Govern.
me ao The appont
ment OF clerks of courts properly belongs to
the courts of law, and that a clerk is one of the
inferior officers contemplated by this provision
in the constitution can not be questioned"
Will any one contend, however, in view OF
this decision, that bee tuse the courts have
been authorized to appoint their own clerks
and other inferior officers appropriately be-
longing 10 the courts, they can also be author
lied by Congress to appoint all the clerks in
the various departments? VIII any one in
sist that Congress has the power to vest the
Int Doa nf TaUQnna
ors and Custom House officials in the courts
of law? 1t was the plain purpose of the con
stitu.ion as decided by the supreme court,
that Congress migat Simply devcive upon the
courts of law the appointment of such officers
else of judicial duties, and upon the heads of
departments similar appointing power over
ment duties. Sir where does supervisor of
elections appropriately belong? Is he part
courts of law extend to a seizure of the polls
on election day, to the removal of the ballot
oA fbe Inc Of
the votes, and to the instant arrest
ss o @ ral nears nnder the
constitution? Were the United States courts
originally organized for the purpose. among
other things, of inspecting American citizens
while depositing their ballots, of having spies
placed in favorable positions to watch the
countenances and gestures, and to overhear
the talk Of the voters on election day, Of en-
rendering = foul and Ioathsome brood of in
formers to pollute with their perjuries the
sancturies of justice? Did the authors of the
constitution in vest the courts with power to
appoint class of election commissioners who
In turn can appoint their own underlings to
the command OF the land and naval forces Of
the United States?
affirmative, and If such duties were actually
imposed on the courts, then, and only then
can Congress make use of the courts for the
appointment of supervisors, commissioner
and other officers for the invasion of local self
my mind that Congress has no such power
and that the Federal courts have been de
in open and hagrant violation of the constitu
ton. The founders of this Government aimed
ciary, with no other than Judicial duties e
contemplate or to perform. such judiciary
can only De maintained oy its entlre separa
management. The minister of the. Gospel
standing in holy places, must not be more free
from the faint of the world than the judge
from political feeling or bias.
And not only the evil itself, but the very ap
= pearance of the evil must be avoided. once
witnessed a signal illustration of this idea A
distinguished Judge of one of the State courts
of Indiana was holding court at a time of higt
political excitement in strongly Democratic
county. 1t was brought to his attention tina
' Democratic party, of which he was himself
prominent member. He at once discharged
the panel remarking that it was as necessary
to satisfy the people that the administration
Ofjustice in their courts was free from pol1tl
cal Influences as that in fact it should be So III
held, most Justly and wisely, that no create
evil could befall the cause of good government
than loss OF confidence on the part OF IN
courts And yet at this moment the reviset
statutes of the United States are crowded will
laws inspired and enacted In the very rage O
party bitterness and ambition, which pou
the whole business of party contests and part.
elections into the once sacred precincts Of tn
Federal courts! The mere contact, even o
such subjects with the judicial mind, is un
wholesome to the cause of justice; but whel
judges are requir I'd and are willing to becom
active instruments in their control the foun
fains of our Jurisprudence have received
deadly poison.
1t is in this connection, too, that the perver
sion of the jury system to political purpose
by test oaths assumes its most important an
most alarming aspect. Sections SO and 81
excluding from the jury-box all such as in an
ray participated in the late rebellion, ar
simply parts of a general system OF Legislation
placing the entire machinery of the FEEDERS
courts, including the grand and petit juries, i
strict alliance with the fortunes of a politics