First.
Congress has no power to pass laws for the punishment of Inspectors of
Elections, elected or appointed under the laws of the State of New York,
for receiving illegal votes, or registering as voters, persons who have
no right to be registered.
No law of Congress defines the qualifications of voters in the several
States. These are found only in the State Constitutions and Statutes.
The offenses charged in the indictment are, that the defendants, being
State officers, have violated the laws of the State. If it be so, they
may be tried and punished in accordance with the State laws. No
proposition can be clearer. If the United States can also punish them
for the same offense, it follows that they may be twice indicted, tried,
convicted and punished for one offense. A plea in a State Court, of a
conviction and sentence, in a United States Court would constitute no
bar or defense, (_12 Metcalf_, _387_, _Commonwealth v. Peters_,) and the
defendants might be punished twice for the same offense. This cannot be,
and if the act in question be valid, the State of New York is ousted of
jurisdiction. And where does Congress derive the power to pass laws to
punish offenders against the laws of a State? This case must be tried
under the laws of the United States.
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