The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-13
ELECTION LAW.
Lester from Hen. Robert W. Hughes,
Judge OF the United states Court.
with Reference 10 . Decision OF
tho Supreme Court OF the
United States I'm am
Election Case.
UNITED STATES CoURT-Ro0Ms, }
RICHMOND, December IL, 1882.
the Edif0r of fbe Yl;e,oteI

10 me EutlOr OF the Dispatch
Dear Sir,-It would be gross breach OF
propriety in ne to ngaee in a controversy
with any one respecting the election ques-
lions which have been discussed. more
angrily than candidly, In this community
for short time past.
But, after all that has occurred, II Is GER
tainly my duty, personal and official, 70
say what follows. | have nothing TO do
with grand-jury proceedings at all. nor
with prosecutions and indictments, until
they come into court. II j. equally con.
trary to my inclination and duty to have.
My knowledge Of them is minimum But
Congress imposed upon me. a. upon other
Federal judges, important ministerial
duties on the eve OF the late elections TO
Congress. Ii became also necessary for
me to say something from the bench on the
law OF the subject, in doing which | said
only what / could not help saying.
In meeting these duties it was necessary
for me, rs all officers NJ times have TO do,
To act upon some well-defncd hypothesis
or other. My hypothesis may have been
wrong, but II was that the following were
true propositions:
i. The state, In passing any laws affect
ing congressional elections, can only do so
by authority Of the Constitution and Gov
ernmeut OF the United States.
.. State laws affecting such elections are,
as to them, laws Of the United States.
8. state officers, in conducting such cleo
tions, and in performing preliminary duties
respecting them, are. 4, TO them, officers Of
the United States.
4. Violations Of such laws by state
at nv oil Ia, o,
elections. are offences against the United
States.
). 1t is the paramount right and duty Of
United states courts 10 inquire Of, try, and
punish such offences.
Is. This paramount duty OF the United
States courts need not interfere with the
subordinate duty OF state courts to try
such offences IS violations 81 state law.
In regard 10 these propositions / have
not drowned my reason In the study OF de-
cisions OF the United States OF other courts
in cases arising out Of state or municipal
elections. The propositions are not true
in respect 10 State elections. 1 was one Of
the first Federal Judges who held that they
were positively untrue.
The only question IS whether they are
tried in respect TO congressional elections.
The highest authority on that subject i
the Supreme Court Of the United States.
Strange to say, that court never had be-
fore il a case arising in congressional
election. and involving the propositions
above stated, until the late case Of El
.parte .Sieboid, found IN the 10th volume OF
OttO's Reports. In that case il exclusively
discussed the whole subject. IT. discus
sion was thorough, emphatic, decisive. 1t
left no, room. fofquestion, doubt, or caNii.
It's final. IL is the law OF the subject. the
law Of the land. Strange that our host Of
dispufants all ignore that decision
| send il 10 You i'm the sheets accompany
ing this note. request It's publication. II
YOU will excuse IN me the liberty OF saying
so, think il is your duty 10 publish it
your duty as a public journal, your duty
10 the good people OF Virginia. some OF
whom are in danger OF indictment and dis
grace from the suppression OF the true law
and the many-tongued iteration OF false
law. II is very dangerous. ii superlatlvely
lInwise. to play politician with penitentiary
offences. Why force the courts to deal Sc
verelv with first offenders by creating a
necessity for indicating and yindicating the
true law?
Need | commend the sentiments Of the
Suprcmc Court in this decision 10 the peo-
pie of Nirginia-th the State which framed
The national Constitution and founded the
national Governments Government
whose officers and courts are, more than in
any other state, at home on her soil. and
here TO stay.
The propositions ! have stated are true
or false according as they are sanctioned
OF not BY this decision. 1t Is long. but
have cut il down ~ much as the sense
would allow. ] have in Il few places IN.
serted words and phrases Of my own in
brackets. have also emphasized with
SMALL CAPITALS some Of the passages.
am, sirs, most respectfully and sin.
cerelv, your obedieni servant,
ROBERT ". HUGHES.