Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1880-03-12
THE LAST OUTRAGE ON STATE
SOVEREIGNTY.
An Important Decision

by authority of State law and discharged
their duties as such judges at the election for
TO Congress, held November 5,
1878. Under sections 55l5 and 5522 of the
Revised Statutes they we're indicted in the
Circuit Court OF the United States for the Dis
trict Of Maryland on the charge of interfer-
ing with and resisting supervisors Of election
and deputy marshals OF the United States
while the latter were engaged in the perform
ance OF their duties at said election. Upon
this charge they were tried, convicted and
sentenced TO imprisonment. They thereupon
appeal TO this Court with ~ petition for writs
of habeas corpus and certiorari, upon the
ground that the statutes under which they
were tried and convicted (ssctions 55l6 and
5522 of the Revised Ststutes) are unconstitu-
tionsl and void.
This court, in a careful and elaborate opin-
ion by Justice Bradley, holds first: That the
question.of the constitutionaity OF said laws
is good ground for this court to issue writ
of habeas corpus 10 inquire into the legality
of the imprisonment under such conviction,
and if the laws are determined to be uncon-
stitutionsl the prisoners should be discharged
Second. That Congress had power by the
constitution 10 pass tho sections referred 10,
viz: Section 55l5. Of the Revised Statutes,
which makes it a penal offence against the
United States for any officer of election at an
election held for representative in Congress
to neglect to perform or to violate any duty in
regard 10 such election, whether required by
law of the State or of the United States, or
knowingly 10 do any act unauthorized by any
such law with intent to affect such election,
or 10 make q fraudulent certificate OF the
result, ETC.; and section 5522, which makes it
penal offence for any officer or other person,
with or without process, to obstruct, hinder,
bride or interfere with a supervisor Of cleo
ton, marshal or deputy marshal, in the per-
formance of any duty required of them by
any law Of the United States, or to prevent
their free attendance at tie places of regstra-
ton or election, etc. Also, sections 20ll,
20l2, 20l6, 20l7, 202l, 2022, title 26, Of tho
Revised Statutes, which authorize the circuit
courts to appoint supervisors of such elections
and the marshals to appoint special deputies
TO aid and assist them, and which prescribe
the duties of such supervisors and deputy
marshals; these being the laws provided by
Congress in the enforcement act Of May 81 &,
1870, and the supplement thereto Of February
%, 1871, for supervising the election Of rep
rose natives and for preventing fraud therein
Third. That the circuit courts have juris-
dictiou Of indictments under these laws, and
conviction and sentence in pursuance thereof
is lawful cause OF imprisonment from which
this court has no power TO relieve on habeas
corpus.
Fourth. That in making regulations for the
election OF representatives it is not necessary
that Congress should assume entire and exec
utive control thereof. BY virtue of the clause
Of the constitution which declares that "the
times, places and manner Of holding elections
for senators and representatives shall be pre-
scribed in each State by the Legislature there
Nnnnraoa maj Mt INN hx la
make or alter such regulations, except as to
the place Of choosing Senator's" Congress has
that supervisory power over the subject and
they may either make entirely new regula-
lions or add to, alter or modify the regulations
made by the State.
Fifth. That in the exercise OF such supervis-
ory power Congress may impose new duties on
the officers OF election or additional penalties
for breach Of duty, or for the perpctration Of
fraud or provide for the attendance Of officers
to prevent frauds and see that the elections
are legally and fairly conducted.
Sixth. That the exercise of such powers can
properly cause no collision OF regulation or
jurisdiction, because the authority Of Con.
gress over the subject is paramount and any
regulations it may make necessarily supersede
Inconsistent regulations of the State. This
is involved in the power TO "make or alter. "
tion of The STATE and nat;onai soxas.;s,r ~.
TO preclude The co-eperotion in the matter 81
the election of renresen,a,;va. II ha,h ,aor'
of equal authority over he subiect coIIis;on,
of iurisdiction miSb, snsne bnt ths smiho o,.
of the na,ional govornmon, ba;no no ra,' =?
collisions can onlv occnr fron, nnso"ndnd
jealousy of such auiboritv
Eighth. That Congress had power by the
constitution 10 vest in The circuit conr,, ,hS
appointment of sunsryisors NJ elsct;ou !, w !.
expressly declared that "Conpress NAV h,
law. invest thu annoin,ment AZ sncb ;nsnnr;oy,
officers as ,bcv MAJ ,hirL nron.r IN ,ho D.;
dent alone in the conr,s of law ~ H. ,h,
heads of d,partments - wbiIa nc a onas,;a.
of proDriety. the annointmsnt of oG;oar,
WHOSE dnties anner,a;r 10 on. danos,ra,
onght moi IN ba lndasd in sro,hsr ,h" .a',n'
ia Nevertheless, left 10 The discre,ion Of C,n.
press " O'
Ninth. Thai the nrovisions which .,,hor.
lied The denutv marshals 10 keon ,ha 49, =,
Mt the elections ;s moi nncons,;tnt;onaI f III
nai;o.ol aovornman, h.. H. 80. ~.
physical force in any part of the United States
to compel obedience TO its laws and 10 carry
into execution the powers conferred upon il
by the constitution.
Ienth. That the concurrent jurisdiction OF
Ihe national government with that Of tn,
States, which it has in the exercise OF its
powers OF sovereignty in every part of the
United States is distinct from that exclusive
jurisdiction which IL has, by the constitution,
in the District of Columbia and in those
places acquired for the erection Of forts, maya.
zines, arsenals, etc.
Eleventh. That the provisions adopted for
compelling the State officers of elections to
observe the State laws regulating elections oil
Representatives, not altered by Congress, arc
within the supervising power OF Congress
over such elections. The duties TO be per-
formed in this behalf are owed 10 the United
States as well as to the State, and their viola.
ton is an offense against tho United State,
which Congress may rightfully inhibit and
prevent. This necessarily follows from tn,
direct interest which the national government
has during the election OF its representative.
and from the power which the constitution
gives to Congress over this particular subject
The petitions for habeas corpus and Ger.
tiorar in the cases OF all the prisoners arc
denied.
A DISSENTING OPINION rnou rnop r,s,,
fus,;o. r;.,, a.,;,,., ,,--,,-
in ,ha Ci.rL s,a.,;s ~ u.t t:t opinion
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