New-York tribune., 1880-03-10

! and the Clelk OF the supreme court III tDaO
State, have been an unknown quantity, care
fully concealed by the recipients, who
used their power as Democratic magnatcs
| 70 stiGe yexatious inquiries. Finally law
was passed by the last Legislature, requiring
quarterly rendering to the Controller ana
It was supposed that this would make ever
thing clear. But it has now been dlsceycred
| that where fees were received by these Off
cials fer services performed during preceding
| quarter no account of it was rendered III the
statement for the quarter in which II was
received and that in this manner two
thirds in amount of the fees received since
the enactment of the law have been withheld
from the reports THIS is very pretty iinan-
cjering, and will give the people OF New
jersey fresh reason TO believe that these dis
tiuguished gentlemen were not born yesterday.
4 --------------
CONGRESS- AND THE DhPUT -NARSHdLS.
The Supreme Court has VII daly decided
that the Democratic attempt to uuliiy the
Election law, by refusal TO make the appro-
priations which that raw requires, was mexcus-
able and revolutionary. For no one has at
tempted to Justify that refusal, except upon the
ground that the Election law was unconstitu-
tional The Court decides that Congress bad
full power to pass tie Election law; that the
provision which requires the deputy -marshals
to keep the peace at the polls is con-
stitutional and valid; that Congress had
power by the Constitution to vest in
the Circuit Courts the appointment Of SUI
pervisors of elections, and, as a consequence.
il virtually decides that it is the duty of Con-
o,ress, as of every citizen. to obey and respect
/. pH
has been repealed. But the Democrats in Con-
eress refused to obey the law. TO this day
thew have persisted IN refusing to make the
apvropriations required 10y the law, and neces-
sary for it's enforcement. They cOnspired to-
ee,hor to nuhfy the act, when they found
that it could not be repealed. and it remains
to be seen whether even now they will retreat
from this revolutionary position.
Public opinion has not yet fully appreciated
the magnitude of the offence thus committed.
Because the power to make necdful appropr-
atoms is intrusted to Congress- many conclude
that Congress has full right in every case to
make or to refuse appropriations. as it pleases.
But this is a government of law, and neither
house of Congress has any more right than
| the humblest citizen to disobey. to disregard,
or to conspire to defeat any valid enactment.
| general commanding forces In the field
| has the power TO march his forces over
10 the enemy or into a position in winch
they can all be captured or cut to pieces, but
it would be treason to do so. judge on the
bench, clothed with large discretionary power
for the execution of the laws, has the physical
power to render any statute impotent as re-
spects proceedings in his court. by rulings and
sentences contrary to its purpose. but such an
abuse of power would deserve the severest
Dunishment When the Congress Of the United
| States refuses TO obey and enforce laws of the
| United States, and cOnspres to defeat them.
| the crime is not the less grave, though there
may be no remedy except by an appeal to pub
| lie opinion.
Two Justices, Field and Clifford dissent
from the decision of the Court and set forth
at great length the old State Rights notions
as to the powers of Congress. They urge that
the act OF Congress asserts a power destruc-
" tive of the independence of the States in
"matters over which their authority has never
been surrendered" The punishment of State
officers, for violation of the laws of n State,
or unlawful neglect in performing a duty re-
onired by State laws, Justice Field thinks, IS
not within the power of the Federal Govern
| meUt, Dub lnt OHtECt lOI WHICH the
iudges of election in the City of Bala
timore were tried was resisting supervi-
"sors of election and deputy -marshals of
the United States while the latter were en-
ged in the performance of their duties at
." an election" In so doing, the State official
went beyond any official power conferred upon
him by the State, for the State has no power
TO authorize any person to resist disobey
laws of the United States, and they were
therefore acting. in that matter, as private
citizens only, and are rs liable to punishment
| "a any other citizens. No commission from the
| State can clothe them with any power what
ever for such purpose No trust from the
| State, however great, can shelter any person
| from punishment if he violates laws of the
] United States. The assertion that the States
have never surrendered their independence, in
respect TO regulations governing the election
of members Of Congress. is most extraordi-
nary one for any Justice of the Supreme Court
to make. and the fact that it is virtually made
by Justices Field and Clifford is not creditable
| to them.
Tie law stands, and 1t Is the plain duty of
Congress to obey and enforce it Immediately. If
any members have excused themselves thus
far, in their refusal of appropriations for the
payment of officials. by the plea that they con-