ex parte siebold argued decided october facts stated opinion ex parte siebold bradley johnson petitioners contra justice bradley delivered opinion petitioners case albert siebold walter tucker martin burns lewis coleman henry bowers judges election different voting precincts city baltimore election held city state maryland fifth day november representatives congress voted november term circuit district mayland indictment petitioners found said offences alleged committed respectively respective precincts whilst judges election upon indictments severally tried convicted sentenced said fine imprisonment apply writ habeas corpus relieved imprisonment making application petitioner month september last presented separate petition chief justice within whose circuit baltimore situated lynn state connecticut praying like habeas corpus relieved imprisonment chief justice thereupon made order said marshal warden show cause second tuesday october city washington writs issue first day present term instance chief justice present application made new petition addressed thereto petitions papers presented chief justice consent made part case records several indictments proceedings thereon annexed respective original petitions us indictments framed partly sect partly sect revised statutes principal questions raised application whether sections certain sections title revised statutes relating elective franchise intended enforce within constitutional power congress enact contended circuit jurisdiction cases convictions sentences imprisonment several petitioners illegal void jurisdiction hear case first point examined question whether party imprisoned sentence upon conviction crime created indictable unconstitutional act congress may discharged imprisonment habeas corpus although appellate jurisdiction writ error judgment objected case one original appellate jurisdiction therefore within jurisdiction clearly opinion appellate character requires us revise act circuit making warrants commitment upon convictions referred according decisions exercise appellate power ex parte burford cranch ex parte bollman swartout id ex parte yerger wall authorized exercise appellate jurisdiction habeas corpus directly position sustained abundant authority general power issue writ subject constitutional limitations jurisdiction exercise original jurisdiction cases affecting ambassadors public ministers consuls cases state party appellate jurisdiction cases federal cognizance exceptions regulations congress shall make general power issue writ may issue exercise original jurisdiction original jurisdiction may issue exercise appellate jurisdiction jurisdiction cases prohibited law except original jurisdiction ex parte bollman swartwout supra ex parte watkins pet id ex parte wells ableman booth id ex parte yerger wall limitations jurisdiction however arising nature objects writ defined common law name incidents derived used mere writ error mere error judgment proceedings virtue party imprisoned constitutes ground issue writ hence upon return habeas corpus prisoner detained conviction sentence jurisdiction cause general rule instantly remanded inquiry instituted regularity proceedings unless perhaps cognizance writ error appeal review judgment case error apparent imprisonment unjust appellate may perhaps discretion give immediate relief habeas corpus thus save party delay expense writ error bac hab bethel case salk mod general rule conviction sentence competent jurisdiction lawful cause imprisonment relief given habeas corpus ground without special statute authorizing give relief habeas corpus prisoner conviction sentence another want jurisdiction person cause matter rendering proceedings void distinction erroneous judgment one illegal void well illustrated two cases ex parte lange wall ex parte parks former case held judgment void released petitioner accordingly latter held judgment whether erroneous void jurisdiction cause refused interfere chief justice abbot rex suddis east said general rule person committed judgment another competent criminal jurisdiction king bench review sentence upon return habeas corpus cases appeal stated however bacon abridgment probably words chief baron gilbert commitment law made one jurisdiction cause matter law man punished discharge bac hab latter part rule applied imprisonment conviction sentence confined cases clear manifest want criminality matter charged effect render proceedings void authority usually cited head bushel case decided twelve jurymen convicted oyer terminer rendering verdict charge acquitting william penn others charged meeting conventicle imprisoned refusing pay fines applied common pleas habeas corpus though jurisdiction criminal matters hesitated grant writ yet granted discharged prisoners ground conviction void inasmuch jurymen indicted rendering verdict choose opinion chief justice vaughan case rarely excelled judicial eloquence jones vaughan howell state trials without attempting decide far case may regarded law guidance clearly opinion question raised cases us proper consideration habeas corpus validity judgments assailed ground acts congress indictments found unconstitutional position well taken affects foundation whole proceedings unconstitutional law void law offence created crime conviction merely erroneous illegal void legal cause imprisonment true writ error lies judgment may final sense may means reversing personal liberty great moment eye law judgment inferior affecting deemed conclusive seen question authority try imprison party may reviewed habeas corpus superior judge authority award writ satisfied present one cases authorized take jurisdiction think laws unconstitutional void circuit acquired jurisdiction causes authority indict try petitioners arose solely upon laws proceed therefore examine cases merits indictments commence introductory statement november fourth congressional district state maryland lawful election held whereat representative congressional district congress voted certain person naming supervisor election duly appointed circuit aforesaid pursuant sect revised statutes third voting precinct fifteenth ward city baltimore said congressional district respect election aforesaid thereat certain person naming special deputy marshal duly appointed marshal maryland district pursuant sect revised statutes assigned duty provided following section said precinct said ward said city congressional election aforesaid thereat come various counts petitioner bowers convicted second count indictment follows said henry bowers afterwards wit day year aforesaid said voting precinct within district aforesaid unlawfully obstruct hinder use power authority judge aforesaid judge interfere prevent said supervisor election performance certain duty respect said election required authorized perform law case made provided wit personally inspecting scrutinizing beginning said day election said election manner voting done said poll election examining seeing whether ballot first voted said poll election put placed box containing ballots whatever contrary sect said statutes peace government dignity tucker indicted jointly one gude convicted upon second fifth counts indictment follows said justus gude said walter tucker afterwards wit day year aforesaid said voting precinct said ward said city unlawfully exercise power authority judges aforesaid prevent hinder free attendance presence said james schofield deputy marshal aforesaid due execution said office poll said election said voting precinct full free access deputy marshal poll election contrary said section said statutes sect peace government dignity said justus gude said walter tucker day year aforesaid precinct aforesaid within district aforesaid officers said election aforesaid knowingly unlawfully said election certain act authorized law state maryland authorized law fraudulently clandestinely putting placing box said precinct twenty ballots within intent meaning sect said statutes voted said election said precinct ballots lawfully deposited counted intent thereby affect said election result thereof contrary sect said statutes peace government dignity charge observed offence commonly known counts petitioners burns coleman convicted similar specified burns charged refusing allow supervisor elections inspect even enter room polls held violently resisting deputy marshal attempted arrest required sect revised statutes charges coleman similar burns addition charge stuffing siebold convicted one count indictment likewise charge stuffing sections law indictments founded validity sought impeached unconstitutionality summed counsel petitioners brief follows omitting comments thereon counsel say cases involve question constitutionality certain sections title xxvi revised statutes entitled elective franchise judge circuit wherein city town upwards twenty thousand inhabitants situated upon informed two citizens thereof prior registration voters election representative delegate congress voted desire registration election guarded scrutinized shall open circuit convenient point circuit judge shall appoint two supervisors election every election district city town supervisors authorized required attend times places fixed registration voters challenge deem proper cause names registered may think proper marked inspect scrutinize register voters purposes identification affix signatures page original list supervisors required attend times places holding elections representatives delegates congress counting votes cast challenge vote legality may doubt present continually kept every vote cast counted proper returns made required law state territorial municipal law personally inspect scrutinize times day election manner registry lists tallies kept whether required law state territorial municipal laws requires marshal whenever election representatives delegates congress chosen upon application two citizens cities towns twenty thousand inhabitants appoint special deputy marshals whose duty shall aid assist supervisors discharge duties attend registrations voters election representatives congress may voted requires marshal general special deputies keep peace protect supervisors discharge duties preserve order place registration polls prevent fraudulent registration voting fraudulent conduct part officer election immediately arrest person commits attempts commit offences prohibited herein offence laws counsel refer summarize sects revised statutes sect merely relates question evidence need copied sects upon indictments directly framed proper set full follows every officer election representative delegate congress voted whether officer election appointed created law authority state territorial district municipal law authority neglects refuses perform duty regard election required law state territory thereof violates duty imposed knowingly acts thereby unauthorized intent affect election result thereof fraudulently makes false certificate result election regard representative delegate withholds conceals destroys certificate record required law respecting election representative delegate neglects refuses make return certificate required law aids counsels procures advises voter person officer act preceding sections made crime omit duty omission sections made crime attempts shall punished prescribed sect every person whether without authority power process pretended authority power process state territory municipality obstructs hinders assaults bribes solicitation otherwise interferes prevents supervisors election either marshal general special deputies either performance duty required either either may authorized perform law execution precess otherwise means mentioned hinders prevents free attendance presence places registration polls election full free access egress place registration poll election going place registration poll election room registration election canvass votes making returns certificates thereof may molests interferes removes ejects place registration poll election canvassing votes cast thereat making returns certificates thereof supervisor election marshal general special deputies either threatens attempts offers refuses neglects aid assist supervisor election marshal general special deputies either performance duties required either give aid assistance shall liable instant arrest without process shall punished imprisonment two years fine fine imprisonment shall pay cost prosecution portions revised statutes taken act commonly known enforcement act approved may entitled act enforce right citizens vote several union purposes supplement act approved relate elections members house representatives assertion part congress power pass laws regulating superintending said elections securing purity thereof rights citizens vote thereat peaceably without molestation must conceded important power fundamental character light recent history violence fraud corruption irregularity frequently prevailed elections may easily conceived exertion power exists may necessary stability frame government counsel petitioners however deny congress may chooses assume entire regulation elections representatives contend constitutional power make partial regulations intended carried conjunction regulations made general positions contended counsel petitioners thus stated brief shall attempt establish propositions power make regulations times places manner holding elections representatives congress granted congress constitution exclusive power exercised congress power exercised exclusive interference therein must exercised interfere come collision regulations presented behalf unless provides complete control whole subject exercised put operation congress must take place state regulations subject regulated subject must entirely complety controlled provided congress unable see necessarily follows congress makes regulations subject must assume exclusive control whole subject constitution say clause constitution power congress well state legislatures regulate election senators representatives arises follows times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except place choosing senators seems us natural sense words contrary assumed counsel petitioners first authorizing prescribe regulations added congress may time law make alter regulations alter plain meaning words prepossession abstract theory relations state national governments difficulty understanding declaration regulations shall made either wholly state legislatures wholly congress congress interfere course may made wholly state chooses interfere nothing words prevent either wholly partially contrary necessary implication may either may either make regulations may alter alters leaving manifest convenience requires general organization polls state results necessary two governments regulating subject repugnance system regulations arise thence power congress subject paramount may exercised congress sees fit exercise exercised action congress far extends conflicts regulations state necessarily supersedes implied power alter suppose constitution state say first legislature elected constitution may law regulate election members two houses subsequent legislature may make alter regulations subsequent legislature modify regulations made first legislature without making entirely new set obliged go whole subject anew manifestly modify add subtract discretion greater power making wholly new regulations include lesser altering modifying old new law contrary repugnant old far far take place consistent stand objection often repeated application congressional regulations previously made state produce clashing jurisdictions conflict rules loses sight fact regulations made congress paramount made state legislature conflict therewith latter far conflict extends ceases operative clashing possibly arise slightest difficulty harmonious combination one system regulations made two sovereignties case prior subsequent enactments legislature congress partially regulated subject heretofore passed law election representatives separate districts subsequently laws fixing time election directing elections shall ballot one pretend least present day laws unconstitutional partially covered subject peculiarity case consists concurrent authority two sovereignties state national however entirely without parallel regulation foreign commerce conferred constitution upon congress expressly taken away one national character one requires uniform rule held power congress exclusive contrary neither circumstances exist held state regulations unconstitutional absence congressional regulation paramount authority adopted valid binding subject largely discussed case cooley board wardens port philadelphia case pilotage congress passed law declaring pilots continue regulated conformity laws respectively wherein hence state continued administer laws passed new laws regulation pilots harbors pennsylvania passed law question yet held clearly regulation commerce state laws upheld without supposing cases like pilotage requiring national uniform regulation power make regulations commerce absence congressional regulation still remained held power remain subject qualifications state law sustained view case concurrent authority state national governments latter paramount congress interfered state regulations subject pilotage far authorize pilots adjoining separated navigable waters pilot ships vessels ports either state located waters since made various regulations respecting pilots taking charge steam vessels imposing upon peculiar duties requiring peculiar qualifications seems us doubt power congress impose regulations sees fit upon pilots subject penalties breach duty may deem expedient continue exercise power regulate pilotage subject paramount right national government dissatisfied congressional interference interference time imposed state might chose withdraw regulations altogether leave whole subject regulated congress long continues pilotage system must acquiesce additional regulations congress may see fit make case laws regulating elections representatives congress state may make regulations subject congress may make regulations subject may alter add already made paramount character made congress effect supersede made state far two inconsistent farther conflict prevent forming harmonious system perfectly capable administered carried supposed conflict may arise officers appointed state national governments superintending election insuperable difficulty need arise application regulations adopted respectively regulations congress constitutionally paramount duties imposed thereby upon officers far respect matters must necessarily paramount performed officers state performed latter pro tanto superseded cease duties power congress subject supervisory paramount seen officers agents created carrying regulations follows necessary consequence officers agents must requisite authority act without obstruction interference officers state greater subordination kind degree exists case exists extent different officers appointed state state alone regulates election one officer interfere duties another obstruct hinder performance disposition act harmoniously danger disturbance different duties perform rightful authority general government conceded acquiesced apprehended difficulties disappear let spirit national well local patriotism prevail let unfounded jealousies cease shall hear impossibility harmonious action national state governments matter mutual interest supposed incompatibility independent sanctions punishments imposed two governments enforcement duties required officers election protection performance duties considerations apply state retain power enforcing regulations superseded adopted congress disputed congress power make regulations must power enforce punishing delinquency officers appointed restraining punishing attempt interfere performance duties shown congress may revise existing regulations add alter far deems expedient little question may impose additional penalties prevention frauds committed state officers elections violation duty relating thereto whether arising common law law state national penalties fraud delinquency part regulations belonging subject congress power make alter regulations general supervisory power whole subject preclude imposing additional sanctions penalties prevent fraud delinquency objected congress power enforce state laws punish state officers especially power punish violating laws state general proposition undoubtedly true performance functions state officers called upon fulfil duties owe well state former means compelling fulfilment yet case duty elect representatives congress due fair election representatives vital importance government less concerned transaction state government certainly bound stand passive spectator duties violated outrageous frauds committed directly interested faithful performance officers election respective duties duties owed well state necessarily follows mixed character transaction national violation duty offence offender justly amenable government official position shelter responsibility view fact congress plenary paramount jurisdiction whole subject seems almost absured say officer receives custody ballots given representative owes duty national government congress enforce officer stuffs made amenable congress prior passage present laws imposed penalties prevent punish frauds violations duty committed officers election exigency deemed sufficient require congress requisite power objection laws regulations violation made punishable acts congress state laws adopted congress sufficient answer power congress impose punishment true congress deemed necessary interfere duties ordinary officers election content leave prescribed state laws created additional sanctions performance provided means supervision order effectually secure performance imposition punishment implies prohibition act punished state laws congress sees occasion alter allows stand effect adopted congress simply demands fulfilment content leave laws content means provided enforcement provides additional means purpose think entirely within constitutional power simply exercise power make additional regulations duties devolved officers election duties owe well state evinced fact always regarded house representatives cases contested elections conduct officers examined scrutinized body matter right failure perform duties often made ground decision conduct justly regarded subject fullest exposure right examine personally inspect proceedings papers always maintained done officers amenable supervision state government appointed another objection made congress impose penalties violation state laws officer made liable double punishment delinquency suit state suit answer government punishes violation duty person owes duty two sovereigns amenable performance either may call account whether punishment inflicted one pleaded bar charge identical act need decided although considerable discussion bearing upon subject taken place tending conclusion plea sustained reference conviction state law passing counterfeit coin sought reversed ground congress jurisdiction subject might inflict punishment offence justice daniel speaking said almost certain benignant spirit institutions state federal systems administered offender suffered penalties denounced one subjected second time punishment acts essentially unless indeed might occur instances peculiar enormity public safety demanded extraordinary rigor contrary course policy action either probable usual means justify conclusion offences falling within competency different authorities restrain punish properly subjected consequences anthorities might ordain affix perpetration fox state ohio judge delivering opinion case marigold conviction act congress bringing counterfeit coin country said reference fox case view avoiding conflict state federal jurisdictions case fox state ohio taken care point act might character tendencies consequences involved constitute offence state federal governments might draw commission penalties denounced either appropriate character reference hold distinction sound conviction sustained subject came discussion case moore state illinois id plaintiff error convicted state law harboring secreting negro slave contended properly offence law offence state objection double punishment raised justice grier said citizen also citizen state territory may said owe allegiance two sovereigns may liable punishment infraction laws either act may offence transgression laws substantially views expressed cruikshank referring cases well see doctrine contain controverted variety instances may readily suggested necessary proper apply suppose example state judge power naturalization laws admit aliens citizenship utter false certificates naturalization doubted indicted act congress providing penalties offence even though might also state laws indictable forgery well liable impeachment congress might pass law fixing standard weights measures imposing penalty sealing false weights false measures leaving matter inspecting sealing used people offender filling office sealer state law amenable well state officers election elections representatives owe duty amenable government well state think according cases cited reason establish sanctions performance duty owed though referring act maintain contrary proposition case commonwealth kentucky dennison confidently relied petitioners counsel congress imposed duty upon governor state authority impose enforcement clause constitution requiring delivery fugitives justice held belong purely executive duty congress authority require governor state execute duty thus gone principal reasons special character relied petitioners maintaining general proposition contend namely regulation elections regresentatives national state governments must act exclusively congress assumes regulate subject must assume exclusive control whole subject general reason assigned wit nature sovereignty preclude joint two sovereigns even matter mutually concerned judgment sufficient force prevent concurrent harmonious action part national state governments election representatives argument ab inconveniente nothing constitution forbid case contrary already said think clear clause constitution relating regulation elections contemplates whenever congress deems expedient interfere merely alter add existing regulations state two governments entire equality jurisdiction might intrinsic difficulty adoption state government system regulations might exclude action congress first taking jurisdiction subject state acquire exclusive jurisdiction virtue principle applicable courts jurisdiction matter equality exists present case power congress seen paramount may exercised time extent deems expedient far exercised farther regulations effected supersede state inconsistent therewith general rule doubt expedient wise operations state national governments far practicable conducted separately order avoid undue jealousies jars conflicts jurisdiction power reason laying rule universal application never made override plain manifest dictates constitution yield transcendental view state sovereignty constitution laws law land every citizen every state owes obedience whether individual official capacity subjects true system government complicated requires gives room conjoint action state national sovereignties generally powers given constitution government given distinct branches sovereignty state governments either expressly necessary implication excluded case expressly others implication seen case pilotage concurrent jurisdiction contemplated state however subordinate whereby question precedency eliminated said must remembered dealing subject elections representatives congress convenience state sees fit elect state county officers time conjunction election representatives congress thereby deprived right make regulations reference latter mean say however acts officers election exclusive reference election state county officers amenable federal jurisdiction understand enactments congress consideration application acts must also remembered dealing question power expediency regulations congress made within pale jurisdiction exercising power however bound presume congress done judicious manner endeavored guard far possible unnecessary interference state laws regulations duties state officers local prejudices act accomplish beneficial object preventing frauds violence securing faithful performance duty elections without providing presence officers agents carry regulations effect also difficult see attain objects without imposing proper sanctions penalties offenders views expressed seem us founded plain practical principles hardly need labored argument support may mystify thing take plain view words constitution give fair obvious interpretation fail cases coming clear understanding meaning shall far seek shall find surface profound depths speculation greatest difficulty coming conclusion arises mistaken notions regard relations subsist state national governments seems often overlooked national constitution adopted country establishing real government therein operating upon persons territory things moreover dear every american citizen state government whenever true conception nature government conceded real difficulty arise interpretation powers allow regard hostile organization opposed proper sovereignty dignity state governments shall continue vexed difficulties jurisdiction authority greater jealousy required exercised towards government reference preservation liberties proper exercised towards state governments powers limited number clearly defined action within scope powers restrained sufficiently rigid bill rights protection citizens oppression true interest people country requires national state governments allowed without jealous interference either side exercise powers respectively belong according fair practical construction constitution state rights rights equally respected essential preservation liberties perpetuity institutions endeavoring vindicate one allow zeal nullify impair several questions bearing upon present controversy raised counsel petitioners somewhat akin argument considered objection deputy marshals authorized act congress created attend elections authorized keep peace duty belongs state authorities alone argued preservation peace good order society within powers confided government belongs exclusively met theory government rest upon soil territory country think theory founded entire misconception nature powers government hold incontrovertible principle government may means physical force exercised official agents execute every foot american soil powers functions belong necessarily involves power command obedience laws hence power keep peace extent power enforce laws execute functions places derogate power state execute laws time places one exclude except executed time case words constitution show yield constitution laws shall made pursuance thereof shall law land concurrent jurisdiction national government necessarily possesses exercise powers sovereignty parts distinct exclusive power first article constitution authorized exercise district columbia places within state purchased consent legislature thereof erection forts magazines arsenals needful buildings jurisdiction absolutely exclusive state unless sometimes stipulated power given latter serve ordinary process courts precinct acquired without concurrent soverignty referred national government nothing advisory government executive power absolutely nullified marshals physically lay hands persons things performance proper duties functions perform use force executing processes courts must call nearest constable protection must rely use requisite compulsion keep peace whilst soliciting entreating parties bystanders allow law take course necessary consequence positions assumed indulge impracticable views keep refining shall drive national government relegate district columbia perhaps foreign soil shall bring back condition greater helplessness old confederation argument based strained impracticable view nature powers national government must execute powers government must execute land well sea things well persons must necessarily power command obedience preserve order keep peace person power land right resist question authority long keeps within bounds jurisdiction without specifying instances power preserve order keep peace unquestionably exists take case hand counsel petitioners concede congress may sees fit assume entire control regulation election representatives necessarily involve appointment places holding polls times voting officers holding election require regulation duties performed custody ballots mode ascertaining result every matter relating subject possible congress case provide keeping peace elections arresting punishing guilty breaking power shadow name congress difference principle making provision securing preservation peace give every citizen free right vote without molestation injury assumes supervise regulations made state supersede entirely judgment difference power exists one case exists next point raised act congress proposes operate officers persons authorized state laws perform certain duties require disobey disregard state laws come conflict act congress thereby necessity produces collision therefore void point already fully considered shown think regulations congress conflict state latter void regulations congress laws state far inconsistent laws congress subject cease effect laws finally objected act congress imposes upon circuit duties judicial requiring appoint supervisors election whose duties alleged entirely executive character contended power conferred upon courts appoint officers whose duties connected judicial department government constitution declares congress may law vest appointment inferior officers think proper president alone courts law heads departments doubt usual proper vest appointment inferior officers department government executive judicial particular executive department duties officers appertain absolute requirement effect constitution difficult many cases determine department office properly belonged take marshal instance executive officer whose appointment ordinary cases left president senate congress might vest appointment elsewhere questionable whether president alone department justice courts marshal officer courts case vacancy congress fact passed law bestowing temporary appointment marshal upon justice circuit district vacancy occurs situated constitution stands selection appointing power functionaries named matter resting discretion congress looking subject practical light perhaps better rest country harassed endless controversies specific direction subject might given rise observation case hennen reference made pet appointing power clause referred doubt intended exercised department government official appointed appropriately belonged intended define constitutional power congress regard rather express law rule governed cases courts declined exercise certain duties imposed congress stand upon different consideration applies present case law required circuit courts examine claims revolutionary pensions law authorizing district judge florida examine adjudicate upon claims injuries suffered inhabitants florida american army rightfully held impose upon courts powers judicial therefore void duty appoint inferior officers required thereto law constitutional duty courts present case incongruity duty required excuse courts performance render acts void affirmed appointment officers question greater propriety certainly equal regard convenience assigned depositary official power capable exercising neither president head department equally competent task judgment congress power vest appointment supervisors question circuit courts doctrine laid close counsel brief state national governments altogether equal whole argument indeed based partially true true doctrine conceive whilst really sovereign matters granted jurisdiction control constitution constitutional laws latter already said law land conflict laws paramount authority obligation fundamental principle authority constitution based unless conceded practice well theory fabrice institutions contemplated founders stand questions involved respect autonomy existence continued existence government every american citizen may look security protection every part land think cause commitment cases lawful application writ habeas corpus must denied application denied justice clifford justice field dissented see justice field opinion infra