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, AND FOR OTHER PURPOSE."

The indictment is found under the 19th section of the Act as it passed
originally, and the 20th section as amended by the Act of February 28th,
1871.

The 19th Section, so far as it is necessary to quote it here, is as
follows:

"_That if at any election for representatives or delegates in the
Congress of the United States any person shall knowingly_ personate
and vote, or attempt to vote, in the name of any other person,
whether living or dead, or fictitious; or vote more than once at
the same election for any candidate for the same office; or vote at