Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1880-03-25

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remedies for their disregard of its regu
lations which can be applied without
interfering with their official character
as State officers. Thus, If its regula.
tiohs for the election OF Senators should
not be followed. the election had in
disregard OF them might be invalidated
but no one, however extreme in his
views, would contend that in such a
case the members of the Legislature
could be subjected 10 criminal prosecu-
ton for their action. With respect to
the election of Representatives, so long
as Congress does not adopt regulations
of its own and enforce them through
Federal officers, but permits the regula.
lions OF the States To remain. it must
depend for a compliance with them
upon the fidelity Of the State officers
and their responsibility to their own
government. All the provisions Of the
law, therefore, authorizing supervisors
and marshals to interfere with those
in the discharge of their duties, and
providing for criminal prosecutions
against them in the Federal courts, are,
in my judgment, clearly in conflict
with the heConstitution.
My second proposition is that it is
not competent for Congress to make
the exercise OF its punitive power de.
pendent upon the legislation OF the
States. The act, upon VIII ch the !,
dictment of the petitioner from Ohio is
founded, makes the neglect or violation
OF duty prescribed by law of the
State in regard to an election at which
a Representative in Congress is voted
for criminal offense. 1t does not say
that the neglect or disregard Of duty
prescribed by any existing law shall
constitute such an otfense. II is the
neglect or disregard of any duty pre-
scribed by any law of the State, present
or future. The act OF Congress is not
changed in terms with the changing
laws of the State; but its penalty is TO
be shifted with the shifting humors of
the State legislatures. cannot think
that such punitive legislation is valid
which varies not Ly direction of the
Federal legislators upon new knowledge
or larger experience, but by the dircc-
ton OF some external authority which
makes the same act lawful in one State
and criminal in another, not according
to the views OF Congress as to its propri.
ETY., but 10 those OF another body. The
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power of the Federal Government in
Congress; and from its nature this
power cannot be delegated TO others
except as its delegation may be involy.
ed 10y the creation Of an inferior local
government or department. Congress
can endow Territorial governments and
municipal corporations with legislative
powers, as the possession of such powers
TOR certain purposes OF local administra.
ton is indispensable TO their existence.
So, also, il can invest the heads of de.
partments and of the army and navy
with power TO prescribe regulations and
enforce discipline, order and efficiency.
It's possession is implied in their crea.
ton but legislative power over subjects
which come under the immediate con.
troll OF Congress, such as defining Of
lenses against the United States, and
prescribing punishment for them, can
not be delegated TO any other govern.
ment or authority. Congress cannot,
for example, leave TO the States the Ell.
actment of laws and restrict the United
States TO their enforcement. There are
many citizens of the United States in
foreign countries, in Japan. China, In.
dia and Africa. Could Congress enact
that crime against one of those states
bepunished as a crime against the Unit
ed Statesl Can Congress abdicate its
functions and depute foreign countries
to act for it2 II Congress cannot do
this with respect 10 oiienses against
chose States, how can IL enforce penal.
ties for otienses against any other States.
though they be Of our own Union! II
Congress could depute its authority in
this way il 1t could say that it wall
punish as an offense what another pow.
er enacts as such, il might do the same
thing with respect TO the commands OF
I any other authority, as, for example, of
the President or the head of a depart
ment. 1t could enact that what the
President proclaims will be law; that
what he declares to be offenses shall be
pushed rs s1ch. Surely no one will go
As far az this, and yet am unable TO see
the distinction in principle between
the existing law aud the one suppose,
which seems so extrsvagant and absurd.
will not pursue the subject further,
but those who deem this question at all
doubtful or difflcultmay find something
worthy Of thought in the opinions of
the Court of Appeals Of New York and
OF the Supreme courts Of several other
States, where this subject is treated
with fulness and learning which leaves
nothing to be improved and nothing TO
be added.
| am Of the opinion that the act of
Congress was unauthorized and invalid;
that the indictment of the petitioner
from Ohio, and also from Maryland,
and their imprisonment, are illegal,
and that therefore, they should all be
set at liberty and am authorized to
state that Mr.. Justice Clifford concurs
with me.
Ackiens Constitutional Amendment.