The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-03-17
Federal superylslon of EleetIon..

] ION OF tue AOulL IN LNe case Oh -Arauuer- ana
IN that of Coles, petitioners.
Federal Supervision OF Elections.
DECISION OF THE SUPREME COURT UpoN
THE SUPERVISORY POWER OF THE COW
ERNMENr N CONGRESSIONAL ELECTIONS
/ WAsHINGroN, March S.-The decision
rendered in the United States Supreme
Court to-day in the case of Albert SieboId
ct ais, election judges of the city OF BaIti-
more, who were convicted I'm the United
States circuit court for the District of Narv-
land, upon the charge OF interfering with su-
pervisors of election and United states dep
uty marshals, and sentenced to various
| terms of Imprisonment, and who now petit
ton this court for writs OF habeas corpus and
certi0rari on the ground that the statutes
under which they were indicted and tried.
/ generally known as the Federal Election
Laws, are unconstitutional and void
This court IN long opinion by Justice
Bradley, holds
Firsi-That the federal election laws are
constitutional and valid.
! Second-Ihat the circuit courts have iu-
+ risdiction of indictments under these laws.
Third-Ihat under the constitution Cons
/ gress has supervisory power over the reg1f.
lations made by the States for the manage
ment of congressional elections, and may
either alter, modify or add % them. or make
entire new regulations.
| Fourth-Ihat i'm the exercise of such az
! pervisory power Congress may impose new
duties on the officers Of election, or addi-
tlonal penalties for a breach ofduty, on pro-
vide for the attendance OF officers to prevent
frauds and see that elections are legally and
fairly conducted.
FIfth-That the exercise OF such power can
properly cause no cessation of regulations or
jurisdiction, because the authority of Con-
gress over the subject is paramount and su-
Percedes all inconsistent regulations of the
State.
Sixth-That there is nothing in the rela-
ton OF State and National sovereignties to
preclude the cooperation ot.b both in a mat
ter of elections of representatives.
Seyenth-That Congress has power, under
the constitution, TO vest in the circuit
courts the appointment of supervisors Of
election.
Eighth-That the provision which author
lies deputy marshals to keep the peace al
elections is not unconstitutional aud that
the national government has the right 20
use physical force IN any part of the United
States to compel obedience TO its laws.
Ninth-Ihat the supervisory power of
Congress includes the power to compel
State officers of election To observe such
State laws, with regard to the election of
representatives, as Congress may have cleft
unchanged.
Petitions for habeas corpus and certiorarf
are denied.
A similar decision was rendered i'm the
case of Augustus f. Clarke, an election
judge of the city of Cinciunau, in which the
constitutionality of the federal election laws
was also rendered.
DISSENTING OPINION OF JUDGE FIELD.
Justice field dissented from the opinion
of the court in both the federal election law
cases and read long opinion, i'm which ha
maintained that il is not competent for COn-
gress to punish Il State officer for the man
ner in which he discharges the duties im-
posed upon him by State laws, as in the case
OF the election judge Clarke.
The Judicial power OF the government he
argues, is limited by the constitution To
Ceases in law and equity arising under the
constitution and laws Of the United States
and to certain other cases which the cOnsti-
tuition enumerates. 1t cannot be enlarged
by congress so as TO embrace cases not emu
merated by the constitution. Furthermore,
the Federal law to punish a State officer for
the manner in which he performs the duty
imposed upon him by the State, asserts a
power inconsistent with and destructive of
the independence Of States in a matter over
which their authority has never been SUR
rendered.
If the federal government can punish vio-
lation of the laws of a State i'd may also
punish obedience to them, and graduate the
punishment according 10 its own Judgment
of their propriety and wisdom. 1t may thus
exercise supervision over the legislation
OF States subversive of all their reserved
powers. Ii the federal government can do
this, the tenth amendment is a delusions
and the States may at any time be degraded
to a level of municipal corporations existing
at the will of Congress.
After some further remarks upon the
character Of the federal legislation since the
war, and its bearing on the reserved rights
of States Justice Field says that until the
recent decisions in the Virginia cases, he
could not have believed that the former
carefully considered and repeated judgments
of this court upon the propositions Of the
constitution and upon the general character
and purposes of that instrument, would be
disregarded and oyerrulcd.
But these decisions in the Virginia cases
do, in his judgment, constitute a new
departure and without intending any
disrespect to his associates, Justice Field is
of the opinion that the rules laid down in
these and in the present cases, tend toward
the conversion of our federal system into a
consolidated and centralized government.
Justice Clifford concurs in Justice Fields
opinion.