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![handle is hein.slavery/ussccases0428 and id is 1 raw text is: Ex PARTE CL 1RKE.
been granted to the jurisdiction and control of the United
States, the Constitution and constitutional laws of the latter
are, as we have already said, the supreme law of the land; and,
when they conflict with the laws of the States, they are of
paramount authority and obligation. This is the fundamental
principle on which the authority of -the Constitution is based;
and unless it be conceded in pracice, as well as theory, the
fabric of our institutions, as it was contemplated by its founders,
cannot stand. The questions involved have respect not more
to the autonomy and existence of the States, than to the con-
tinued existence of the United States as a government to which
every American citizen may look for security and protection in
every part of the land.
We think that the cause Qf commitment in these cases was
lawful, and that the application for the writ of habeas corpus
must be denied.
Application denied.
MR. JUSTICE CLhFORD and MB. JUSTICE F=LD dissented.
See MR. JUSTICE FiFm's opinion infra, p. 404.
Ex PiARTE CrARxE.
1. An officer of election, at an election foi a representative to Congress in the
city of Cincinnati, was convicted of a misdemeanor in the Circuit Court of
the United States, under sect. 5515 of tle Revised Statutes, for a violation
of the law of Ohio, in not conveying the ballot-box, after it had been sealed
up and delivered to him for that purpose, to the county clerk, and for
allowing it to be broken open. Hdd, according to the decision in Exparte
SIold (supra, p. 371), that Congress had power to pass the law under
which the conviction was had, and that the Circuit Court had jurisdiction
of the offence.
2. In such a case, a habeas corpus for discharge from imprisonment under the
conviction was rightfully issued by a justice of this court, returnable before
himself; and he had the right, if it could be done without injury to the
prisoner, to refer the matter to this court for its determination, it being a
case which involved the exercise of appellate jurisdiction.
8. ]lad the case involved original jurisdiction only, this court could not have
taken jurisdiction of it.
Oct. 18.79.]](ViewImageLocal?handle=hein.slavery/ussccases0428&div=1&collection=&method=preview&ext=.png&size=3)