Here
again we are met with the theory that the Government of the
United States does not rest upon the soil and territory of
the country. We think that this theory is founded on an entire
misconception of the nature and powers of that Government.
We hold it to be an incontrovertible principle that the
Government of the United States may, by means of physical
force, exercised through its official agents, execute on every
foot of American soil the powers and functions that belong to
it. This necessarily involves the power to command obedience
to its laws, and hence the power to keep the peace to that
extent.
This power to enforce its laws and to execute its functions
in all places does not derogate from the power of the State to
execute its laws at the same time and in the same places. The
one does not exclude the other, except where both can not
be executed at the same time. In that case the words of the
Constitution itself show which is to yield. "This Constitution
and all laws which shall be made in pursuance thereof * * *
shall be the supreme law of the land."
In conclusion it is proper to say that no objection would be made to
the appointment of officers to act with reference to the elections by
the courts of the United States, and that I am in favor of appointing
officers to supervise and protect the elections without regard to
party; but the bill before me, while it recognizes the power and duty
of the United States to provide officers to guard and scrutinize the
Congressional elections, fails to adapt its provisions to the existing
laws so as to secure efficient supervision and protection.
Pages:
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346