Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-03-10
TIE ELECTION LAWS.

The dissenting opinion Of Mr.. justice
Field to the decision of the majority OF
the supreme bench affirming the validity Of
| the federal election laws, is one of the mosi
mastery e1positions of the subject that We
have yet seen, and though terse and incisive
it is nevertheless clear and perspicuous
Justice Field holds, with the GLOBE, that
the election laws passed by partisan Con.
gress are clearly unconstitutional for the
reason that those laws interfere with a
State officer in the discharge of his duties
under a State law. He acknowledges the
power of Congress to adopt State law,
and make it a part of the federal statutes
in which case the federal power would
predominant, but in the case at issue nc
such adoption was had. AS consequence
the endeavor of the federal gov
eminent to exercise authority over State
officers, exercising their power under State
laws, was nothing short of usurpation.
Justice Field holds, in language that can
not be misunderstood, that the act of Con-
gress creating the election laws asserts a
power inconsistent with and destructive of
the independence of the States in matters
over which their authority has never been
surrendered. eff the federal government -
says Justice Field, "can punish violation
of the laws of State, it may also punish
obedience to them and graduate the punish
ishment according to its own judgment OF
their propriety and wisdom. 1t may thus
exercise a supervision over the legislation Of
States subversive of all their reserved power.
If the federal government have this power,
the States are not independent, the tenth
amendment is delusion, and the States may
at any time be degraded to the level OF
municipal corporations existing at the will
of Congress-"
These are strong and true words, fifty
spoken. They present the case so clearly
that "a fool need not err in understanding
them. He gives voice to the opinion long
entertained by all men who have watched
the course of events, that the prevailing
tendency is toward the conversion of our
federal system into consolidated and GEN.
tralized government. This has long been
unmistakable, and we are glad that a
man has been found who has
the hardihood to declare this fact,
in defiance of his associates, from the su-
preme bench of the United States. The doc
trines enunciated by Justice Field not only
do him honor, but place in the hands of
those who are now engaged lin combating
monarchical ideas weapon of great power
arguments that cannot be gainsaid, that are
supported by the constitution of the United
States, and given emphasis by the laws of
Congress and of the several States.
Mr.. Justice Clifford, the senior member of
the supreme court, and a jurist of recognized
ability and unimpeachable integrity, ooncurs
fully in the dissenting opinion of his asso-
ciate. His views will have great weight in
all parts of the country, where he is so gen.
orally esteemed for his capacity and honor
able record. Before the bar of public opin-
ion the finding of the minority of the court
will have far more influence than the finding
of the majority, for it commends itself both
on legal and constitutional grounds, and on
the still higher principle of an endeavor to
so interpret the laws and the constitution as
to protect the life of the republic against the
encroachments of usurpation.