The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-13
md impracticable view Of the nature and

and impracticable view OF the nature and
powers OF the national Government. II
must execute It's powers. or II Is no Gov.
eminent. II must execute them on the
land as well rs on the sea. on things ~ well
D. on persons. And. 10 do this, IL must
necessarily have power 10 command ebedi-
ence, preserve order. and keep the peace
and no person or power In this land has the
right TO resist or question its authority 20
long rs II keeps within the bounds OF its
| Jurisdiction. Without specifying other
instances in which this power TO pre-
serve order and keep the peace umques-
| tionsbly exists, take the very case In
band. The counsel for the petitioners con-
| cede that Congress may. II it sees dit, assume
| the entire control and regulation Of the
election OF representatives. This would
necessarily involve the appointment OF the
places for holding the polls. the times OF
voting, and the officers conducting the
election. II would require the regulation
81 the duties Ia be performed. the custody
| Of the ballots. the mode OF ascertauing the
| result, and every other matter relating 10
the subject. l. it possible that Congress
could not in that case provide for keeping
| the peace al such elections and for arresflng
and Furnishing those who are guilty 81
breaking it, II ii could not, It's power
would be but shadow and a name. But,
II Congress can do this. where IL the diff
ference IN principle in its making proyl-
sion for securing the preservation 81 the
peace. 80 a. 10 give 10 every citizen bis free
right 20 vote without molestation or injury.
when IL assumes only to supervise the
regulations made by the State. and not Ia
,uper>ede them entirelyi In our judgment
there j. no difference; and II the power
exists in one ease II exists in the other.
The next point raised is that the act of
Congress proposes 10 operate on State Off
GERS or persons authorized by State laws to
perform certain duties under them, and 10
require them 10 disobey and disregard
State laws when they come in conflict with
the act Of Congress that it thereby OF ne
ccssity produces collision, and Il therefore
void. This point has already been fully
considered. We have shown. As we think.
that where the regulations OF Congress con-
ilict with those OF the state. IL is the latter
which are void and not the regulations Of
Congress; and that the laws Of the State,
in 80 far As they are inconsistent with the
laws OF Congress on the same subject.
cease 10 have effect a. laws.
"Finally. il is objected that the act Of
Congress imposes upon the Circuit Courts
duties not Judicial, in requiring them TO
appoint the supervisors OF election, whose
duties il is alleged, are entirely executive
in their character. Ii il contended that
no power can be conferred upon the courts
OI the United states 10 appoint officers
whose duties are not connected with the
judicial department; OF the Government.
The Constitution declares that 'the
Congress may by law vest the appointment
OF such inferior officers ~ thew think pro
per In the President alone. in the courts Of
liw, or in the heads OF departments IL
il no doubt usual and proper 10 vest the
appointment OF inferior officers Ia that de-
pariment u the Government. executive or
| Judicial, or IN that particular executive de
partment 10 which the duties OF such Of
licers appertain. But there Is no absolute
requirement TO this effect in the tonstitu-
| ton.
AS the Constitution stands, the selec-
ton OF the appointing power. H. between
| the functiOnaries named, Is a matter rest
ing i'm the discretion 81 Congress. And.
| looking at the subject in Q practical light,
| il IL perhaps better that IL shoudrest there
than that the country should be harassed
bv the controversies to which more spec
citc direction on this subject might have
given rise.
"In our judgment Congress had the
power TO vest the appointment OF the su-
peryisors in question in the Circuit Courts.
Z" The doctrine laid down at The close Of
counsel's brief that the state and National
Governments are coordinate and altogether
equal. on which their whole argument. in.
deed. i, based, is only partially true.
| "The true doctrine. a. we conceive, -
this. that whilst the States are really soye-
reign rs to all matters which have not been
granted 10 the jurisdiction and control OF
the United States, the Constitution aud
constitutional laws Of the hitter are, - We
have ALREADY said, the supreme law OF the
land: and when they conflict with the
| laws OF the States they are Of paramount
authority aud Obligation. This Is the
fundamental principle on which the ati-
thority OF the Constitution Is based. and
unless il be- conceded IN practice, as wen
a, theory. the fabric Of our institutions, Us
| il was contemplated By H. founders, can
not stand. The questions Involved have
respect not more 10 The autonomy and ex-
! istencc VI the States than 10 the continued
| existence OF the United states ~ u govern
ment 10 which every American citizen may
| look for security aud protection In every
part Of the land.
1--WE think that the cause OF commit
ment ia these cases was lawful. ana that
the application for the writ VI hdbedS cor
DuS must be denied"
All the Justice, concurfed except Field
| and Clifford