The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-10-25


pointed to assist the su pervisors to pre-
serve the peace, to prevent fraud and in
timidation, and generally to exercise a
police power at The polls similar to that
with which like State officers are clothed
by State laws
The acts of Congress also provide that
State judges and officers of election who
violate the laws made by the State or
United States, to secure fair election,
or fail to discharge their duties with in
tent to affect the result, and all persons
who obstruct the supervisors or marshals
in their duties, or hinder their free at
tendance to any poll OF election, or in GO
ing to and from any room where the cleo
tion or canvas of any votes is going on,
shall be punishable by indictment in the
United STATES courts.
These acts are full, and confer the
broadcast powers. They arc the supreme,
laws of the land, enacted for the purpose
of securing free vote and fair court,
in elections for those whose duty it
Is to make laws for the whole
country. There is no question about
their scope or their constitutionality.
They are paramount to any State laws
which may conflict with them, and they
are constitutional. This was decided by
the Supreme Court in the cases of ex
parte Siebold and ex-parte Clark, 100 U.
S., 81, 399. In these cases certain judges
OF election in Baltimore were indicted
and convicted under these laws for OBJ
structing supervisors and marShals, stuff
fing ballot boxes and neglecting to de-
liver the boxes to the clerk as required
by the State law. They sought TO be re-
leased on habeas corpus, by the Supreme
Court of the United States, on the ground
that the laws were an invasion of the
State rights and unconstitutional. The
court, in elaborate opinions by Mr.. JUS
tice Bradley. fully sustained the laws
and placed their validity and necessity
upon grounds which must appeal to the
sense of justice of every good citizen, and
can never be overthrOwn. The court
held that Congress has a supervisory
power over the subject and may make
entirely new regulations, or add to- alter
or modify the regulations made by the
State.
That the exercise of such power can
properly cause no collision of regulation
or jurisdiction because the authority of
Congress is paramount, and any regula-
tions it may make necessarily supersede
inconsistent regulations Of the State.
That there is nothing TO preclude the CO.
operation of both the State and national
sovereignties in the matter of elections of
Representatives; If both were equal in
authority over the subject, collisions
might ensue, but the authority of the
national government being paramount,
collision can only occur through un-
founded jealousy of such authority.
That the provision for the duties Of
deputy marshals is not unconstitutional.
The national governments has the right to
use physical force in any part of the
United States to compel obedience to it's
laws and to carry into execution the
powers conferred upon 1t by the Consti-
tuition. And the State laws which Con-
gress sees no occasion to alter, but which
It allows to stand, are in effect adopted
1NrC Cnnn If cipnnlv Aafrondo fhair
fnlfilmenu; content to leave the laws
as they are, it is not content
with the means provided for their en-
forcement. 1t provides additional means
for that purpose. and it is entirely within
its constitutional power to do So
These laws. thus expounded by the
highest tribunal, form the foundation
upon which the United States officers,
charged with the duty of securing fair
election for members of Congress, stand.
The Supreme Court distinctly holds that
they are not concurrent with but para
mount to the laws Of the State. 1t will
not be safe for any one to obstruct such
officers In the discharge of their duties,
upon any theory of State authority, or
any notion that the laws cannot be en-
forced. do not apprehend any such de-
sign on the part of any officer charged
with corresponding duties in New Jersey,
nor on the part OF any good citizen who is
uOU tAlSlo0 Al lAo fA~U Va sAc oAbQdLlOu VA
the law.
My object in this statement is to make
the matter so plain as to pre-
vent any such misunderstanding. I
am sure that all State officers and
all good citizens will concur with Mr..
Justice Bradley in this remark, made in
the Siebold case:-"Where there is q dis
position to act harmoniously there is no
danger of disturbance between those who
have different duties to perform. When
the rightful authority Of the general gov
ernment is once conceded and acquisced
in, the apprehended difficulties will dis
appear. Let spirit of national as we'll
as local patriotism once prevail, let un-
founded jealousies cease, and we shall
hear no more about the impossibility of
harmonious action between national and
State governments in matter in which
they have mutual interest, -
A. @. KEAsBEy,
U. 5. Attorney,
November 8, 1884.