Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1881-04-30
TnE TENDENCY OFTHE GOVERN
TENT TOWARDS CENTRALEZA-
TION.


York, prominent republican and
learned constitutional lawyer, has a
thoughtful, sound, and unanswera-
BILE essay in the current number of
the North American Review, on
Capitalization in the Federal Gov
ernment." In referring to the alarm
ing progress in that direction. He
says:
We need give but a few examples.
A single encroachment submitted
to or enforced against resistance is
ments. Hardly had Washington
left the presidency when, on the
18th of July, 1898, statute was
passed by congress for the punish
ment of libel upon the federal gov
ernment, either house of congress or
president. If this were within the
competency of congress, the pun
ishment of libel upon any officer of
the United States would be equally
within its competency. Indeed it
is not easy to perceive why congress
might not take upon itself all reme-
dies, criminal and civil, for any
wrong done to the good name, per-
son or property of any federal Off
Ger, and send the parties before fed
eral courts for trial. Can there be
a doubt that such an assumption of
power was never dreamed of by
those who framed or those who
ratified the federal constitution ?
That statute, by its own limitation,
expired with the administration of
the elder Adams, and was one of the
causes which led to the overthrow
of the federal party at the begin
ming of the century. The demo-
cratic party then took possession of
the federal government, and kept it
until the younger Adams came into
the presidency, in 1924. After him
came Jackson for eight years, then
Van Buren, for four, Harrison and
Tyler four, and Fillmore four,
Pierce four, and Buchanan four.
The relations between the federal
and state governments during all
these periods continued without
material change, except in respect
of the tariff. Under color of levy
ing customs dutiGs at seapOrts, con-
gress has taken cOntrOlof nearly the
whOleindustry Ofthe country. There
is not city in any of the states,
there is not village along the riV-
ers, and scarce a hamlet among the
hills, that does not look to congress
more than to its own legislature to
determine the occupations of its
people. Mills all over the land are
GI;lt Loft r. oro
lighted or eXtinguished, as parties or
factions, or the shifting influences of
private interests, swing to and fro
at Washington. Under color of
managing the national finances,
congress has covered the land with
national banks, and placed them
beyond the state courts or any state
control. There are more than two
thousand of them already. Under
color of establishing post offices and
post roads, and regulating COM
merce, congress has passed stat
ute which gives to telegraph corpO-
rations, created by one state, the
power of placing their lines along
all poSt-rOuteS in other states, with
out their consent and even against
their will. Under color of the pow
er to make regulations about the
manner of holding elections for
representatives congress has passed
a statute providing for the appoint
ment of supervisors and deputy
marshals to attend the places of reg
istry and of voting when represen-
tatives are to be chosen, and "tO in
spect and scrutinize from time to
time, and all times on the day of
election, the manner in which the
voting is done, and the way and
method in which the poll books,
registry lists and tallies or check
books, whether the same are requir-
ed by any law of the state, or any
state, territorial or municipal law,
are kept;" and to ''scrutiniZe, count
and canvass in their election dis
trict or voting precinct cast, what
ever may be the Endorsement on the
ballot, or in whatever box it may
have been placed or found;" to pre-
serve order at the polls, prevent
fraudulent voting" and to arrest
persons guilty OF it, whether the
voting be for state or federal officers.
Under this statute there were more
Ll1dll hilCCiI AAOuotlLN AoO1o vi
deputy marshals surrounding the
polls at the general election of 1876.
And under the same statute, state
officers have been punished by fed
eral courts for violating state laws.
Under color of enforcing the late
amendment that no state "shall de-
ny to any person the equal protec-
tiOn of the laws" congress has au-
thorized the punishment of the
judge of a county court in Virginia
for not placing colored men on the
jury list, though the state legisla-
ture had made no discrimination.
Under the same pretext congress
has authorized the removal from a
state court, before trial, of an in
dictment of a cOlored person for
murder, because in that state white
men only are placed on the jury
lists. Under color of protecting
federal officers in the discharge of
their duties, congress has author
lied the removal from a state court,
before trial Indictment for murder