Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1880-03-09
The Federal EIecLiOnIaws.

10 the decisions rendered 10 tho United States
Supreme Court yesterday, 10 tho Maryland and
Ohio election cases, aa mentioned 10 tho Ga.
zstte, tho majority Of tho court holds that the
Indictment was legal. and that tho lToited States
has powcr 10 take cogniz,rc, and punish VIC.
lations Of State laws. Justices Fold and Gilt
ford dissent from this decision aud hold. that
tho officers Of State arc not under Federal
jurisdiction and not amcnable to Federal au-
thnrity. Justice Field 10 his opinion says:
1t tho Federal government can punish vio-
lation OF tho laws Of the State it nay also nun
ish obedience to them and graduate tho punish
| mouts according to it's own Judgment of their
pr0priety npd wisdom. 1t may thus exercise q
supervision over tho legislation OF tho States
subveralvo OF all their reserved powers.
III tho Federal government have this mower
States arc not independent, tho tenth amend.
mcnt IS dolusion and the States may ut any
timo he degraded to the Lowell of municipal CDR.
poratous, existing ut tho will Of Congress But,
Inc Rrgues, this doctrine that tho Unted States
may Interfere with the States regulation ot
elections trenches upon tho rights of tho States
in a'ill another way. liz is admitted TINT tho
Federal government has no power TO Interfere
with the election of State officers or pi.h tho
registration Of voters for such elections, md VI I
| tho supervision and Interference sarciloucd by
the tct Ct ClnsICs whca representatives 10
that body arc to bp voted for amount pracic ,lIy
to n supervision CT atd ineriarepee with tho
eli elton Ct State oilicars and constitute nlain
enornachment npon tho Stste's tiph,p.
Sltar some further remarks upon the charac
Ter a Federal legislation sirca the war and its
bearing upon tho reserved rights Of the Statep,
Justice FIslds says IN substance that until the
recent decisions In The Virginia CASES were rem
cered no could not have believed that the fD,
mcr carefully considered and repeated iudr.
| ments oil this court upon tho provisions OF tho
constitution, and upon tho general character
and purpose of that Instrument would be- dis
regarded and Overruled. But these decisions
(Ih the Virginia cases) do, in his Judgment, con-
slituie new departure, and. without intending
any disrespect to his aBsociatos Justice Finld ia
OF tho opinion that the rules therein laid down
tend toward the conversion of our federal sys-
ten into q consolidated and centralized gov
eminent in support Of his second posi.ion
Justice Fold slguss that tho legislative power
OF the Federal government, vested by the con-
slltutIun III Congress, cannot be delegated 10
others II Congress could depute its authority,
II II could say IL would permit As An otfensa what
hnolhcr power enacLs IS such. IL might do tho
Same thiGg with respect to tho commands Of
any other authority. 1t could enact that what
the President prncaims shall be law; that what
he declares M olEansns shall be punished a. such
No one, Justice Fold thinks, would 20 60 far ps
this, and yct in principle thure is no difference
between Inc supposed csuso and the existing
ones. Finally, he is OF tho opinion that the act
OF Congress, under which tho prisoners wern in
dcted III both tue Maryland and Ohio cases. is
unauthor'z ID an invalid, and that tho prisoners
should be released. Justice Clifford concurs in
Justice Fields opinion.