Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1890-07-25
TAZEWELL G. IT, VA. FRIDAY, JULY 26 1890

ef Is that thing most likely to be
abused. and therefore they havc al.
ways defined tho duties and limited
the powers of those who arc to exc
cute their laws.
The author of this bill seems to
have had no knowledge of or no re.
gard for tho rights of the States. BY
its provisions it attempts to override
State laws in matters where the
States are supreme and Congress has
ne power whatever. 1t authorizes
Federal supervisors to count tho bal
lots for officers of tho State and di-
reefs State officers what they shall
do i'll reference thereto. 1t author
ICES and requires Federal supervisors
to take tho. property of tho State, the
poll books furnished for her own Of
licers and for her own purposes, and
to hold the election for Congress to
the exclusion of tho officers of the
State i'll some instances. 1t imposes
heavy fines and long years of impris-
onment upon State officers for VIC
lating tho provisions of this bill,
many Of which aro in direct conflict
with State laws, which they aro
sworn to obey, and for tho violation
of which the State inilicts its own
punishment. 1t punishos Illegal vot-
ing for State officers, which is clearly
beyond Federal power aud belongs
to the States alone. Itnppropriatos,
without tho consent of the States.
the penitentiaries aud jails of tho
States i'll which to confno mon con-
victed under its provisions in the
courts Of the United States in direct
violation of the rights of tho States
and tho express language Of the re
vised Statutes.
The enforcement of the bill will
inevitably result in conflict between
Federal and State officials. Our
wisest nnd best mon at NIL periods in
the history of the country have cn-
deavored to so legislnte and net that
such conflicts might be avoided. The
theory upon which our Government
is founded is n very complex one,
two sovereienties to which the poo-
pie owe allegiance, each supreme in
its own sphere. The Federal Gov
ernmunt exercises certain powers
with which the States as such hive
no concern whatever The State
governments exercise powers with
whic. the Federal Government has
no concern.
There aSe. certain other matters i'll
respect to which both the Federal
and State Governments have power,
but tho right of either to exercise
such power is determined by the fuct
that that government exercises the
exclusive power whose jurisdiction is
first invoked, and the other govern
ment i'll such cases novor interfcrea.
There are certain other powers
which the States have exercised,
which the Federal Government has a
right to take jurisdiction of whenever
it determines to do 20, but until it
does SO they are left with the States.
Whatever right tho Federal Govern
ment has to regulate the elections
for members of Congress belongs to
this last class Of powers.
If these powers are exercised rs
above described, serious conflict can
be avoided, and only by such exer
else cnn it be done Chief Justice
Waite, i'll the cnse of the United
States VS.. Cruikshank, 90 Uuited
States Reports, page $50, says;
The people of tho United States,
resident within any State, are subject
to two governments, ono State and
the other national; hut there need be
no conflict between the two. The
powers which one possesses the 9th
er does not. They are established
for different purposes and have sop
arate jurisdictions.
But by the provisions of this bill
there are two sets of officers, one
Federal and the other State, acting
together in the conduct of elections
in which both Federal and State Off.
GERS are to be elected. In the elec
ton of the State officers the Federal
government has no power whatever,
yet under this bill the Federal su.
pcrvisors have the right to challenge