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,