The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1880-04-01
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Thes Supreme Court of the United
States has within few days delivered
Judgment upon several cases involving
The Question Of the relative sovereiGnty
of the several States, and of the United
States, and Of the power OF the United
States to prohibit such evasions and de- /
malls of National law as amount to null
lification. A brief statement OF the
facts and decision in each case win en-
able every reader to understand Whist
the Court has done. ss.4rs
Taylor Strander, negro. was indicted
in . court and tried at Wheeling, w.
Va, for murder. The law Of West Viz.
ginin excludes al negro persons from
iuries At the trial the prisoner moved
that his case be transferred to the
United States Court; this motion was
overruled, and the man was convicted
and sentenced. Upon spPeal. the 81.
preme Court of West Virginia affirmed
The 'derss;on. and now Che Supreme
Court of the United States decides that,
under the Fourteenth Amendment the
negroes are declared citizens OF the
linked States, and - such are en6faed
to al the rights and protectaons 4W11d-
ed t0 other citisens; thak the pr0hibition
of colored citizens from service on ju-
ries, because Of their color, was denial
to tkis nan of the equality before the
law belonging of right to AL citizens.
II further decides that the authority OF
the United States IS to prevail when the
State authority conflicts. and that the
act of 1878 which confers the right to
have = cfvil a. soriminal case transferred
To the United States Courts whenever
the party II denied any Of his rights IS
acifizen. because Of his color, 10 consti-
tutiunal.s Tho case b therefore re-
mauded to be tried in the United States
Court of West Virginia
The second case arises under the
Same general circumstances. j. ID.
Coles is Judge Of State Court in
West Virginia In his ministerial ca
) pacity he has excluded all colored citi-
: sens from juries ON account OF their
race and. color. For this violation
of the law OF the United States
Of 1875 he WAS indicted IN the United
Stsses Court of West Virginia He
B pleaded that the law OF the State of
Woo Virainia excludes negroes from
iuries. and that he, - Judge. obeyed
the law Of his State, and was not re
sDonsible to the United States. The
Supreme Court of the United States de
cidss the act Of Congress of 1873 which
provides for the trial and punishment
Of oficers who exclude citizens from
the jury-list because Of their race anc
color to be constitutional The right O
equality Is . Constitutional one. and =
cannot be denied by State action o.
state law. No State can authorize it
oflcer TO nullify the law Of the Upitet
States. and no officer can violate ina
law and justify his conduct under
State law. The offense becomes . per
sopal one, for which the offender is re
spoussble individually. Tho Court say
ne Constitutional ameednsnt wss o.
diinod 10 secure equal rtghts 70 an Hersons
:. sn6. 20 Insure to "a DessoD H. en3oymenf 2
soek riohts, power v1 oven % 0esei - y =
isfion. SuD6 Iegie1at5o4 mus acf upon -.
sonS-not upon an ahDtrsct thing denomI
mated Z stsse bnt upon u IersSns weS ss =,
vf5cS were Intended % be seeure6 sucn
fhe set 6f Uaro1 + 1956. end y y fully ~sutnos ~
s.s.i 81 {Se Constitution. me act OF defend
srf n neIecfing jurovD yos m1ni9kes5ais no
fs1fiGinl hot, and, being cn15yoo vnn y
s.SS>.ssnco q ltnat duty, alteoogh ne &C
Svcd 10 authority from the state. tne as ass
as,ties 10 obey the Rederet CONSTITUTION an
~ isvs pssSed d pasuance thereof.