Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1880-03-24
TERMS-$2 per annun in Advance.
NEW SERIES--V0L. 81, NO. II.


those laws. This is not enforcing al
altered or a new regulation. What
ever Congress may properly do touch
ing the regulations, one Of two thing
must follow: either the altered or th,
new regulation remains State law
or il becomes law of Congress. !
it remain q State law, it must, like
other laws of the State be enforced
through its instrumentalities and
agencies, and with the penalties which
it may see fit to prescribe, and without
the supervision or interference of Fed
eral officials. II, on the other hand, il
becomes law Of Congress, it must be
carried into execution by such officers
and with such sanctions as Congress
may designate But as Congress has
not altered the regulations for the
election Of Representatives prescribed
by the Legislature OF Ohio or of
Maryland, either as TO time, place or
manner, nor adopted any regulations
of its own, there is nothing for the
Federal Government to enforce on the
subject. The general authority Of
Congress TO pass all laws necessary TO
carry into execution its granted pow
ers, supposes some attempt to exercise
those powers. There must, therefore,
be some regulations made by Congress,
either by altering those prescribed by
the State, or by adopting entirely new
ones, as to the times, places and man
ner of holding elections for Repre-
sentatives, before any incidental pow
ers can be invoked TO compel obedience
to them. In other words, the implied
power cannot be invoked until some
exercise of the express power is at
tempted, and then only to aid its exc.
oution. There is no express power ia
Congress TO enforce State laws by I'M
posing penalties for disobedence to
them its punitive power is only i'm.
piled as a necessary or proper means
Of enforcing its own laws morris there
any power delegated to it TO supervise
the execution by State laws.
no POWER IN CONGRESS TO ENFORCE
STATE LAWS.
If this view be correct, there is no
power in Congress, independently of
all other considerations, to authorize
the appointment Of supervisors and
other officers to superintend and in
teriere with the election of Representa-.
tives under the laws Of Ohio and
Maryland, or to annex q penalty to
the violation OF those laws, and the
action OF the Circuit Courts was with,
out jurisdiction and void. The act of
Congress in question was passed, as it
seems to me, in disregard Of the object
of the constitutional provision. That
was designed simply TO give the Gen
eral Government the means OF its
own preservation against a possible
dissolution from the hostility of the
States to the election OF Representa-.
tives, or from their neglect to provide
suitable means for holding such elec
tions. This is evident from the Ian.
guage of its advocates, some Of them
members of the convention, when the
Constitution was presented 10 the
country for adoption. In commenting
nnon II in his renort Of the debates.
"to give the National Legislature
a power not only to alterthe provisions
of the States, but to make regulations,
in case the States should fail or refuse
altogether" (Elliott's debates, 402.)
And in the Virginia convention called
10 consider the Constitution, he OBJ
served that sit was found impossible
to fix the time, place and manner of
the election Of Representatives in The
Constitution 1t was found necessary
TO leave the regulation Of these, in the
first place, to the State govern ments,
as being best acquainted with the stu.
alton of thepeople, subject to the con.
troll of the General Government, in
order TO enable ittoproduce uniformity,
and prevent its own dissolution" (3
Elliott's Debates, vol. 367) And in
the Fedralia, Hamilton said that the
propriety of the clause in question
rosseu 9po" Inv i"v 'orusm'' M a,o - .nV 'a0 "n,
should contain in itself the means OF
us c' omn Presoasa''oH ,.',a'o !. e,nna;,,Loa A.
oln'uai ~rBuaso 70 % iJunu ,,e,ta ~ 'S. w, w.
and in the writings of jurists and
otatGsnsi D, ., .no Periou' = ue o9uu"o' ~ y. ~
oi hnoue lslahu was re,crreu 70 " !,
lIlnslra'lVe OF inc eVlis 70 pe aVolu9u. y,
inat the olate was nos rePreseh'eu py
delegates I'D congress ior years, owing
10 lne character anu views oi tne pre-
Vaiiihg party anu congress was ol,ei ~,
embarrassed oy thelr absence. Inc
same evli, u was observed, m'gnl TO-
snltirom similar cause, anu congress
should, therefore possess tne power to
give the people an opportuhnsy ol
elect,ng Representatives, u the states states
should neglect 70 make inc necessary
regulations, 80.
ALEXANDER HAMILTON oriNioN'
In the Conventions Of several States
which ratified the Constitution an
amendment was proposed to limit II
express terms the action ol Congress
to cases of neglect or refusal Of STATE
TO make proper provisions for Congres
sional elections, and was supported by
II majority OF the thirteen States bnl
It was finally abandoned upon the
ground Of the great improbaoihty o
Congressional interference so long al
the States performed their dnty' Wher
Congress does interfere ana provide
regulations, tho duty oi rendering
them eiieetual, so lar as they may re
qnire affirmative action, viii devoly'
solely upon the Federal Government
II viii then be Federal power which Y
TO be exercised, ana It's enforcement, !