The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-13

pedient; and so far rs il Is exercised. and
no farther, THE REGULATIONS EFFECTED 81.
PERsEDE THOSE oP THE STATE WHICH ARR
INCONSISTENT HEREWITH.
"As a general rule, II is no doubt expe.
dent and wise that the operations OF The
State and National Governments should. rs
far rs practicable. be conducted separ,tely.
IN order to avoid undue iealousies and iars
and conflicts Of jurisdiction and power.
But there Is no reason for laying this down
AZ rule Of universal application. II
should never me made to override the
plain and manifest dictates of the Cousti.
tuition Itself. We cannot yield TO such a
transcendental view Of State sovereignty.
The Constitution and laws Of the United
States are the supreme law Of the land.
and to these every citizen Of every State
owes obedience, whether in his indi-
yldual or official capacity. There are
very few subjects, il is true, in which our
system OF government. complicated as il l..
requires or gives room for conioint action
between the State and national sovereign
lies. GENERALLY the powers given by the
Constitution 10 the Government OF the
United STATES are given over distinct
branches OF sovereignty. from which the
state governments, either expressly or by
necessary implication, are excluded. But
IN this case expressly. and in some Others
by implication, ~ We have seen in the case
Of pilotage. a concurrent jurisdiction is
contemplated; that OF the State. however.
being subordinate TO that Of the United
states, whereby all question Of precedency
is eliminated.
In what We have said it must be re-
membered that we are dealing only with
The subject Of elections Of representatives
To congress. Ii for It's convenience State
sees lit TO elect state and county officers at
the same time and in conjunction with the
election OF representatives, Congress will
not be thereby deprived Of the right 10
make regulations in reference to the latter.
We do not mean to say, however, that for
any acts Of the officers of election. having
exclusive reference to the election Of State
or county officers. they will be amenable 10
Federal Jurisdictions nor do we under
stand that the enactments OF Congress now
under consideration have any application
10 such acts.
1.-The views we have expressed seem 10
rs to be founded on such plain and pacti-
cal principles Is hardly To need any labored
argument in their support. We MAY MYs-
TIFY ANYTHING. But ii We take plain
view OF the words OF the Constitution, and
give to them fair and obvious interpre-
ta1on, We cannot Iail IN most cases II
coming to a clear understanding Of lis
meaning. We shall not have fan 10 s,eE.
We shall ind It on the surface, and not ia
profound depths OF speculation.
" The greatest difficulty in coming 10
Just conclusion arises from mistaken no.
tiOns with regard 10 the relations which
subsist between the State and National GOV
ernments. II seems Il be often overlooked
that a national Constitution has been ADOPT
I'd IN this country, establishing a real gov
eminent therein, operating upon persons
and territory and things; and which
moreover, l.. or should be, rs dear 10 every
American citizen As his state government is.
Wherever the true conception Of the
nature OF this Government i once
conceded no real difficulty will arise
in the Just Interpretation II is
powers. But il We allow ourselves
10 regard it Is hostile organization Op-
posed 10 the proper sovereignty and dig
nifty Of the state governments, we shall
continue 10 be veXed with difficulties a. Il
its jurisdiction and authority. No greater
jealousy is required to be exercised to-
wards this Government in reference to Ia,
preservation of our liberties than il proper
TO be exercised towards the State govern.
ments. IT. powers are Limited in number
and clearly defined, and it, action within
the scope Of those powers il restrained by
1 sufficiently rigid bill Of rights foi
the protection OF it. citizens from OPP
preston. The true interest Of the pco.
pie OF this country requires that both The
National and State Governments should b,
allowed. with jealous Interference on either
side, to exercise all the powers which re-
,pectiyely belong to them according TO
fair and practical construction OF the Con
stitution. state rights and the rights Of
the United States should be equally re
,pe ted Both are essential to the preSer
walton Of our liberties and the perpctuin
Of our institutions. But. in endeayorina
10 yindicate the one. we should not allow
our zeal to nuIiiy or impair the other.
"Seyeral other questions bearing upon
the present controversy have been raised
by the counsel OF the petitioners. oOme.
what akin to the argument which hn- been
considered j. the objection that the deputy
marshals authorized by the act Of COngres-
10 be created aud 10 attend the elections are
authorized TO keep the peace, and that thi-
j. duty which belongs to the State all.
thorities alone. 1t is argued that the preser-
yation OF peace and good order in society i.
mol within the powers cOntided 10 the Gov.
ernmen, OF the United States, but belong
II. L.. s,lts. ~.
are met with the theory that the Govern
ment u the United states does not rest
upon the soil and territory OF the country.
We think that this theory l. founded on
an entire miscOnception OF the nature and
bowers OF that Government. We hold II
10 be an incontroyertible principle that the
Government of the United States may, 10y
mean, oi physical force, exercised thIougl
it, official agents, execute on every foot OF
American soil the powers and functions
that belong 10 it, This necessarily involve
the power to command obedience 10 IL
laws, and hence the power 10 keep TIA
peace 10 that extent
"rhis power 10 enforce its laws and Il
execute it, functions in all places does no
derogate from the power of the state Il
the same places. The one does not eN
clude the other. except where both canno
be executed 1t the same time. In tina
ease the words Of the Constitution itsel
show which il 10 yield. This cOnstitu
ton. and all laws which shalt be- III tde II
purs uance thereof, shall be th'
supreme law Of The land.'
This concurrent jurisdiction whiel
| the national Government necessarily pos
sesse- 10 exercise it, powers Of sosereignt'
| in all parts Of the United states is distinc
from that exclusive power which, by tn
lst article Of the Constitution, It l. an
| thorized 10 exercise over the District 0
! Columbia, and over those places within
State which are purchased by consent o
the Legislature thereof, for the erection
forts, magazines, arsenals, dock-yards, an
other needful buildings. There lis jurl'
diction is absolutely exclusive OF that G
the State, unless, a, il sometimes stipu