The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1880-03-26


The following Il summary Of
Justice Fields dissenting opinion upon
the United States election laws. whose
constitntionality was recently sustained
BY The United States supreme Court:
lie maintains that the United States
Circnlt Court never had jurisdiction 20
try ikr prisoner Clarke for the alleged
otense II which he was conyicied:
nrst- because il j. not competent for
tongre~s 10 punish State officer for
the manner IN which ne discharges the
duties imposed upon him by the laws
% the state; and, second. because il is
not competent for Congress to dele
gate any portion Of its legislative
Bower - the States In support Of the
nrst position. he maintains that. al
though Congress may adopt a law Of .
Slate. the adopted law must be en-
fOrre'i as law Of the United States.
In the present case there Is no pretense
q such adoption II is for the viola
ilon % State law, not law Of the
eulled States. that punishment Is pre-
s'nDelr and the Judicial power Of the
Y nlied States does not extend TO a case
81 that kind IL extends only to
= eases IN law and equity arising under
the Constitution and laws Of tho
United States and TO certain
other cases which the Constitution
enumerates- IL may be applied to
new cases a they arise under the
Constitution and laws If the United
States but il cannot be enlarged by
Congress 80 a. 70 embrace cases not
enumerated in the Constitution This
limitation Of the Congressional power
would seem 10 be conclusive in the
present case. But, he argues. there is
another view Of the subject, which is
equally conclusive against the jurisdic-
tton % the Federal Courts The act Of
Congress asserts a power inconsistent
with and destructive 81, the independ-
ence Of the State IN matters over which
their authority has never been surren-
dered- IL the Federal Government can
punish q violation Of the laws Of State.
u may also punish obedience TO them,
ar graduate the punishment according
~ ~ cwn Judgment 81 their prUpriety
and wisdom II may thus exercise .
supervision over the legislation Of States
sunversIve u AL their reserved powers
II the Federal Government have this
power. the States are not independent,
the Tenth Amendment u delusiOn,
and the States may At any time be
Degraded 20 the level ~ municipal cor
pOratlnns existing ~ the will If Con-
gress. But. H. argues this doctrine that
the nlted States may interfere with
STATES regulation Of elections trenches
upon the rights Of the States in still
another WAY II j. admitted that the
Federal Government has no power to
interfere with the election Of State Of
Ulcers or with the registration Of voters
Tor such elections. and yet the super
VISION and interference sanctioned by
the act II Congress when Representa-
tives 70 that body are To be voted for
amount practically 20 supervision OF
and interference with the election of
State officers and constitute a plain
saeroaehment upon State-r1ghts-
After some further remarks upon the
character Of Federal legislation since
the war- and its bearing upon the re-
served rights Of States, Justice Field
says in substance. that. until the recent
decisions in the Virginia cases were
rendered he could not have believed
that the former carefully considered
and repeated judgments Of this Court
upon provisions Of the Constitution.
and upon the general character and
purposes of that instrument, would be
disregarded and overrulei. But these
decisions Gin tine Virginia cases) do. in
H. Judgment. constitute new depart
ure- and without intending any dlSre-
spect TO his associates Justice Field j.
~ opinion that the rules therein laid