The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-03-13
Mora snnrsms oonrt Decisions.

4 Tbe snnreme Court, upon assembling on
/ Monday, gave its decision in the haoeas COZ
nus cases of Albert Seibold and others
/ Judges OF election 10 Baltimore, convicted anu
| sentenced 10 imprisoment by the United Slaie,
Circuit Court Judge Bond for hindering ana
/ obstrnctinr, as charged, federal supervisor
/ aud deputy marshals in the performance ol
/ their duties at the last congressional eleehoh,
/ The ground of appeal TO the Supreme Coarl
and Of the petition for habeas corpus was 'na'
| the sections Of the Revised Statutes unue'
which the supervisors and deputy marshal'
are appointed and under which the eonTc
| tons we're had, are unconstitutional; ih'
court at the same time decided the haoea.
corpus case Of Augustus /. Clarke, luuse o,
election in Cincinnati, indicted and convicted
in the United States Circuit Court IN tha' cry
for violation, MS charged, OF the STATE idH
of Ohio regulating the conduct OF eleCuons:'
| One Of the requirements OF The ONO lnW u
that after the election the poll.book shan PC
delivered TO the clerk of the State, 'undeI
cover and sealed" Clarke was charged with
suffering the cover and seal Of the book TO be
broken before delivery. There was no eyl'
dence offered that the returns had been alter.
ed or fasihed ia any way, but the United
States Circuit Court held that he was amen
able to punishment ia the Federal court, un'
der Federal law, for not keeping the boob
intact, as required by State law.
The opinion Of the Supreme Court was de
livered by Justice Bradley, Mr.. Justice tleld
delivering dissenting opinion in the Clarke
case, which is applicable TO all the cases, Ihe
court refuse the writs ofcertiorari, dismiss the
petitions for habeas corpus, aud remand the
prisoners into the custody Of their gaolers.
The cOnslitnlionalty Of the several sections
Of the Revised Statutes applicable 10 elections
is maintained upon all points. The right Of
Congress to vest the appointment of supervl'
sors in the judges OF the circuit courts is at
tirmed, and the appointment and employment
Of deputy marshals at the polls is deduced
from the paramount sovereignty Of the United
States, and the right Of the general govern
ment to employ physical force at any lime OF
place throughout the country 10 compel ODE
dience to its laws. The power of Congress IL
make and alter regulations for holding cleo
tons for Representatives in Congress is de
clared to be supervisory power. |, may be
exercised either by abolshing the State regu'
lations and substituting such as Congress may
prescribe, or by simply adding to or modify
ing the State regulations. Included in this
power, the court say, is the power to imposs
new duties upon the State officers charged
under State law with the duty of holding elec
tons, and to punish them for any violation o
the State law or Of the Federal law. There
can be no conflict or collision Of authority,
say the court, because the authority Of the ma
ton is paramount, and that Of the State must
yield, The conviction Of Clarke, the Cinoin.
natl indge, is therefore sustained, as well a,
that ofth Baltimore judges Of election. Il
is needless to point out what Judge Field so
strongly emphasizes in his dissenting opinion
that this decision involves complete over
throw aud pros,ralion Of all State authority,
The doctrine that a State officer may be pun
ished by Federal authority for an ofense com
miited, no. against the United States, or any
law Of the United States, but against State
law, is not only novel, but involves conse.
qucnces OF the most momenlous character.
Il is a practical judicial repeal, Judge Field
observes. OF the tenth amendment 10 the con
stitution. 1t is difieul, to see what rights eau
any longer be considered as reserved to the
States or the people thereof which Congress
cannot override. -Bdiiimore Sm