384 BURR— THE TREATY-MAKING POWER [April 20, 



review, the officer is withdrawn from the discharge of his duty during the 

 pendency of the prosecution, and the exercise of acknowledged Federal 

 power arrested. 



" We do not think such an element of weakness is to be found in the 

 Constitution. The United States is a government with authority extending 

 over the whole territory of the Union, acting upon the States and upon the 

 people of the States. W'hile it is limited in a number of its powers, so far 

 as its sovereignty extends it is supreme. No State government can exclude 

 it from the exercise of any authority conferred upon it by the Constitution, 

 obstruct its authorized officers against its will, or withhold from it, for a 

 moment, the cognizance of any subject which that instrument has com- 

 mitted to it.'""^ 



In c.v parte Siebold,^^** certain election officers appointed under 

 the laws of Maryland were convicted in the circuit court of the 

 United States of interfering with the deputy marshals of the United 

 States who were acting under Federal statutes at a congressional 

 election. The convictions were sustained and the statutes declared 

 to be constitutional. The Court concluded : 



" The views we have expressed seem to us to be founded on such plain 

 and practical principles as hardly to need any labored argument in their 

 support. We may mystify anything. But if we take a plain view of the 

 words of the Constitution, and give to them a fair and obvious interpretation, 

 we cannot fail in most cases of coming to a clear understanding of its mean- 

 ing. We shall not have far to seek. We shall find it on the surface, and 

 not in the profound depths of speculation. 



"The greatest difficulty in coming to a just conclusion arises from mis- 

 taken notions with regard to the relations which subsist between the state 

 and national governments. It seems to be often overlooked that a national 

 government has been adopted in this country, establishing a real govern- 

 ment therein, operating upon persons and territory and things ; and which, 

 moreover, is, or should be, as dear to every American citizen as his State 

 government is. Whenever the true conception of the nature of this govern- 

 ment is once conceded, no real difficulty will arise in the just interpretation 

 of its powers. But if we allow ourselves to regard it as a hostile organiza- 

 tion, opposed to the proper sovereignty and dignity of the State governments, 

 we s'hall continue to be vexed with difficulties as to its jurisdiction and 

 authority. . . . State rights and the rights of the United States should be 

 equally respected. Both are essential to the preservation of our liberties 

 and the perpetuity of our institutions. But, in endeavoring to vindicate the 

 one, we should not allow our zeal to nullify or impair the other.'""' 



"'"• Ibid., pp. 262-3. 



■ =-»Ibid., 371 (iSjg). 



^'"Ibid., pp. 393-4- 



