residing.

* * *

APPEARANCES.

For the United States:

HON. RICHARD CROWLEY,
U.S. District Attorney.

For the Defendants:

JOHN VAN VOORHIS, ESQ.

* * *

Tried at Canandaigua, Wednesday, June 18th, 1873, before Hon. Ward Hunt
and a Jury.

Case opened in behalf of the U.S. by Mr. Crowley.

MR. VAN VOORHIS: I wish to raise some questions upon the indictment in
this case. This indictment, I claim, is bad for two reasons, and should
be quashed.

First--The Act of Congress under which it is framed, is invalid so far
as it relates to this offence, because not authorized by the
Constitution of the United States.

Second--There is no sufficient statement of any offence in the
indictment.

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. Against those laws, no offense is
charged to have been committed. Such power, if it exist, must be
somewhere expressly granted, or it must be necessary in order to execute
some power that is expressly granted.

The Act of Congress in question, became a law on May 31st, 1870. It is
entitled--

"AN ACT TO ENFORCE THE RIGHT OF CITIZENS OF THE UNITED STATES TO VOTE IN
THE SEVERAL STATES,