Page:Federal Reporter, 1st Series, Volume 4.djvu/206

 192 FEDEBAIi BEPOBIEB. �other — eaeh within its respective sphere — the United States as a national govemment, and, the state as a government clothed with ail the powers which affect us as individuals — our lives, our liberties, our property, our relations to each other as citizens of the state. , But -wben the question of nationality and of the rights of the United States as a nation arises and bas to be decided, then the national power and sovereignty override what is sometimes called the sovereignty of the state. Undoubtedly, therefore, the national government haa the rigbt to prescribe in what manner representatives in con- gress shall be elected, and how seeurity is to be given to the rights of electors, in order to ascertain who are legally elected. So that, while I bave criticised the action of the superviser in the performance of bis duty, as I tbink the circumstances warrant, and also the conduet of those who interfered with him, still 1 must hold, under the law, that be was acting in the line of bis duty, and that it was not competent for any state autbority to interfere with bim in the exercise of bis right as a supervisor. �The only question about wbicb I have bad any doubt since bearing the testimony in the case, is whetber wbat the sup- ervisor did could be treated as in the nature of a mere as- sault upon Dwyer, and not as an arrest. If it bad been done witbout the prior words and acts proved; if, for example, the circumstances which occurred prior to the seizure of Dwyer bad not been as tbey were, — namely, that he bad requested Dwyer, no matter in what form of language, not to inter- fere in any wayj that be bad called upon others to put bim eut, or to arrest bim, — tben it would bave been different ; but baving done that — having said wbat he did — I must hold that the act, which otherwise migbt bave been merely an assault, must be regarded simply as a seizure, with perbaps more vio- lence than was necessary, to remove the man from the room, because be said "If no one else will remove him I will doit." The prisoner, therefore, will be discharged from custody. ����