Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1880-03-16
More Startling Opinions.
MAKING CONGRESS SUPREME.

MVIc Dual Lilly VpAuAVuSs
MAKING CONGRESS SUPREME.
Last week, the Supreme Court of the
United States rendered several more de-
cisions of character to startle the peo-
pie. One of these, delivered by Justice
Bradley, was in the habeas corpus case
of Augustus F. Clarke, judge of cleo
ton in Cincinnati, indicted and convict
ed in the United States Circuit Court in
that city for violation, as charged, of
the State Ian in Ohio regulating the
conduct of elections. One of the require
ments of the Ohio law is that after the
election the poll-book shall be delivered
to the clerk of the State, "under cover
and sealed" Clarke was charged with
suffering the cover and seal of the book
to be broken before delivery. There was
no evidence offered that the returns had
been altered or falsifed in any way, but
the United States Circuit Court held that
he was amenable to punishment in the
Federal court, under Federal law, for
not keeping the book intact, as required
by State law.
The opinion of the Supreme Court
was delivered by Justice Bradley, Mr..
Justice Field delivering dissenting
opinion in the Clarke case, which is ap-
plicable to all the cases. The court re-
fuse, says the Bait. Sun, the writs of GER
tiorari, dismiss the petitions for habeas
corpus, and remand the prisoners into
the custody of their gaolers. The con-
stitutionality of the several sections of
the Revised Statutes applicable to cleo
tions is maintained upon all points. The
right of Congress to vest the appoint
ment of supervisors in the judges Of the
circuit courts is affirmed, and the ap-
pointment and employment of deputy
marshals at the polls is deduced from
the paramount sovereignty of the Uni
ted States, ana the right of the general
government to employ physical force at
fany time or place throughout the coun-
try to compel obedience to its laws. The
pewer of Congress to make and alter
regulations for holding elections for Re-
representatives. in Congress is declared to
be supervisory power. 1t may be ex-
ercised either by abolishing the State
regulations and substituting such as
Congress may prescribe, or by simply
adding to or modifying the State regula-
tons. Included in the power, the court
say, is the power to impose new duties
up on the State officers charged under
State law with the duty of holding cleo
tions, and to punish them for any viola.
ton of the State law or of the Federal
law. There can be no conflict or COLI
sion of authority, say the court, because
the authority of the nation is paramount
and that of the State must yield. The
conviction of Clarke, the Cincinnati
Judge, is therefore sustained, as well as
that of the Baltimore judges of election.
It is needless to point out what Judge
Field so strongly emphasizes in his dis
senting opinion, that this decision in
wolves complete overthrow and pros
tration of all State authority. The doc
trine that State officer may be punish
ed by Federal authority for an offense
committed, not against the United
States, or any law of the United States
but against State law, is not only novel
but involves consequences of the most
momentous character. 1t is q practica
judicial repeal, Judge Field observes, O
the tenth amendment to the constitu
ton. 1t is difficult to see what rights car
any longer be considered as reserved tx
the States or the people thereof which
, Congress cannot override. The opinion
of the court forcibly recalls the unaDi
nifty with which the judges of England
in the reign of Charles L., declared that
+ the royal prerogative was paramount
, over all law, and that there was no &C
; of Parliament with which the royal au
thority might not dispense.
SUICIDE OF A YOUNG LADY.-One
day last week, says the Bristol Neaos
the body of Miss Eliza Snodgrass
daughter of VIM. III. Snodgrass, Esq,
n r,