Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1880-03-24

TO the subiectnar OF the law and
'the relations with the United States
and the several ates bear to each
other" il was Of onion that the word;
were not used mandatory and
compulsory, but adeolaratory OF the
moral duty createwben Congress had
provided the modf carrying the pro
vision into executi "rhe act does
not provide" theourt added, ''any
means to compel 3 execution of this
duty, nor infict hy punishment ior
neglect or reiusabn the part of the
executive of the ate nor is there
any clause or pro'ion in the Consti-
tuition which armshe Government oi
thoSUnited Stateksith this power,
Indeed, such pow! sQuldplace every
State under The eofs And dominion
Of the General Gvnment, even in
the administrationoits internal con
Germs and reserved ights. And VIC
think it clear that thFederal Govern
ment, under the Cotitution, has NJ
power to impose on State officer al
such, any duty whaver and compel
him to perform II T If il possessed
this power it might erlold the officer
with duties which Wild III up all his
time, aud disable hifrou performing
his obligations to thStat, and might
impose on him dutil Of character
Incompatible with e raik and dig
nifty TO which he waclevted by the
State. 1t is true TIT Congress- may
authorize a partioulf Stae officer 10
perform a particula dut, but if he
declines to do so, itdoesnot follow
that he may be co'ced punished
for his refusal. An,wc re very far
from supposlng that,n usig this word
duty the statesmeiwh( framed and
passed the law, or ne Pesident who
approved aud signd it intended to
exercise a ooercive iowe over State
officers not warrantd b the Consti.
tuition" And agaii # the Gov.
ernor of Ohio refuse to6charge this
duty, there is no pwerdelegatcd "a
theGeneral Government thcr through
the Judicial departmsn or any other
department, to use anyoercivc means
to compel him
If it be ihcompetent,r ,r the Federal
Government to enfort, by coercive
measures, th, periormtce Of plain
duty imposed by la of Congress
upon the eeoutivo offers of aState,
it would sem to be ehally inc,mpe.
tent for tito enforce, similar meas.
ures, the performance of a dutyim,
posed upn him by n liw of a State II
Congres cannot impoe upon q Site
officer as such, the perormance of a,y
duty, would seem logically TO follow
that cannot subject i'm TO punish
mep for the neglect of such duties a
thcStato may impose. 1t cannot pun
IisL gr the non-performance of dut,
won IT cannot prescribe. 1t is con
adletlon in terms to say that il cal
mtilct punishment for disobedience I,
an act, the performance of which
has no constitutional power to com
mand.
oh0lsi' phfARTuRE.
| am not aware that tho doctrine =
this case, which is so essential to ~,
working Of .i.O c., VI,
Federal Governments, has ever been
qualified or departed from by this court
lntil the recent decisionin the Virginia
cases, OF which ! shall lpl esently speak
It is true that, at an early period il
The history Of the Government, laws
were passed by Congress authorizing
State courts to entertain jurisdiction o.
proceedings by the United States, tC
enforce penalties and forfeitures under
the revenue laws, and to hear allega
lions, and take proofs if applications
were made for their remission. TC
these laws reference is made in th,
Kentucky case, and the court observes
,."ro for somo roots ovarc;sod hv ,h,
So ,r;hnnais yri,t to,, oh;oo,;on ~;
IN $50 some oe ,ho S,o,oa us vIHC ,2oir overc;s,
,,,os m doolinod hooanso /, ;n,orc,rod III,
and retarded the performance Of dutiel
which properly belonged to them a
oan'o 80 [ donh,s oroso ~ ~. vo ~ 40 no,,a,' ~ .
~ e. oonr,s o, ~ ;ns,o, nonnI,;os = y, "
Sorce;,mros tor ofrsDcos ,D ,oo. ara;us.t tSe Can
oroI cororn,aon, ~, mniost snoo;niI, om
,hnri1od 70 dn ao hr ,ho E,o,aa an,
,ho, no oo az ouoro oo @ a. J ~ nt ~ S,o,os ~ +,
as - 'no ao,oo W. r. - ~ w oS ao,,, =
sUsI ,s;oh % ~ soao.", o " asa aa..no; ~ ;ao O :.
NIL "nIn Wv 90'o.a, sVss'.l c 4, ~, n'.Ss oN ,
Sonas, % " J Ju ""OsaV. ~ ioS ioJ r,S'u' n;,So
oo o,,, "u oSI;a,;,' Tgo mos,V eoag ~ s,'. ~
ny 80 =" W. I''o" lIo'Ou w
o'1'''Is'VH ~ re,,,, w ~ ooav' , W W" r."
he surrender y, a tnyitive is 70 h
made bv tho exeentive a5tboritv of,b
state from which bo he ADJ br, !;
"a no, declared unon wbom the demon,
shall no made Tba, wns IoIt 10 n
bv conSrc,s and II nrc
vidcd that the demnSd sbonld he mad,
mon ,he execntivc Of ,hc S,o,e wher,
tbc IN aitivc was fouud II mioht hoo
nc own oscn,s as Is tbo an
toreon1ent oS ,hr ,,aI,iro sla,a laYv an,
cnmnelIed them 10 NO., Ro, In hot,
cases II il emnloved tbe officers Of tb'
S,otc !, conld no5 restrain ,bem or m co
erce them Whensvcr ,bereiore th,
FederaI Governmon, instead y, actin,
tbrongh ,is own oriccrs seek io NJ
comnIish its nnrnoscs ,bron,b IN
acencv Of tho dfIiccrs Of the States !
mna, accent the agency with tho CON
di,ions nnnn which tho oeicers nre NO,
mi,,ed 10 ac,
TuvS ,r,,a .t,z ,r,oN i, ava ,Srx,vrt
pS..a..aa,rla ,ho con.,,,n,;a, T.
..,, ~ C SAa,p,e, ','i,h .S ',suo Gn .'e,,, =.
eos's Io',snSIs m'u 'rlo wy PnaI, Pomsi
os'noi''u a'''o' ~ IVY ~, y, 'a'uia,-0
.,on auu '"', Pomo1 wv, .'' n9', '.s .'a nasu''
10 oAViuSiNo' NV"Nu'iN"t Po"N'