The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-03-20

for his neglect or refusal. "lndeed
such power" said Mr.. Chief Justice
fancy, speaking for the whole
court, would place every State
under. the control and dominion
Of the General Government even in
| the administration Of its internal
concerns and reserved rights
ga How, 100 And Mr.. Justice
Nelson, in thc case of Collector vs..
Day, where it was held that it was
moi for Congress to impose 4 tax
upon the salary Of n judicial officer
OF Il State, said that any govern
ment whose means employed in
conducting its operations arc made
subject To the control of another
and distinct government, can exist
only At the mercy Of that govern
mcnt." could add to these
authorities, il anything more were
required. that Nil the recorded
Uucranres Of the statesmen, who
participated in the framing of the
Constitution and urging its adnp.
ton, and Of the puhlicists and
iuriSts who have since studied its
language and aided in the enforce
ment "!its provisions, are incon-
sistcnt with the prctcntion alvanc-
ed i'll this. case by the counsel ofthe
Government.
The duties Of the county Judge
in the selection of jurors were
judicial in their nature. They i'll
volvcd the exercise Of discretion
and Judgment. He was to deter
mine who were qualified to serve
in that character, and, for that
purpose, whether they possessed
sound judgment and we're free from
legal exceptions. The law under
which he acted had been in force
many years, and had always been
considered b. the judicial authori-
ties Of Virginia to he in conformity
with its constitution, which in
hibitS the Legislature from re-
quiring Of its judges any other than
judicial duties. \ tcstc of the
character Of an act is found in the
power Of 4 writ Of m"HcaHIHS to CHI
force its performance in Il peculiar
way. 1.-THE act BE- Il judicial one,
the writ can only reqlIir. the judge
to proceed in the discharge Of his
duty with reference to it. The man
ner of performance cannot I've die
tatcd. Here the writ could not
command the county Judge to Sc
lcct as jurors any particular per-
Sons.-bIaci or white, but only to
proceed and select such as arc
qualified, its command in that re-
spcet being subject to the limita.
ton incident to all commands Of
such writs upon Judicial! officers.
The Thirteenth and Fourteenth
Amendments are relied upon, as
already stated, to support the
legislation in question. The
Thirteenth Amendment declares ::
That neither slavery nor involun-
tary scrviludc except as a punish
mcnt for crime whereof the party
shall have been duly convicted.
shall exist within the United
States. or any place subject to
their jurisdiction" The Fourteenth
Amendment, in its first section.
which is the, only one having any
boaring upon the questions ..involy-
led in this ease. declares that: All
persons born or naturalizcd. in the
Ul.ited States and Subjcc! to the
Jurisdiction thereof, are citizens Of
the United States and Of the State
wherein they reside. No State shall
make or enforce any law which
shall abridgc the privileges or i'm.
munitics Of citizens Of the United
States; nor shall any State deprive
any person of life, liberty, or prop
crtv. without due process of law ;
nor deny 10 any person rwithin its
jurisdiction the equal protection of
The laws" The Fifteenth Amend
mcnt, which declares that: "lhe
right ofcitixcns ofthe United States
to vote shall not he denied or
abridged by the United States or by
any State, on account of race, color
or previous condition Of scrvitude,"
is not material to the question be-
fore us, except as showing that i
was only with respect to the suif-
rage that an intrrvcrlict was i'll
terms placed against legislation on
account of race. color, or previous
condition Of sevitulc. Equality in
their civil rights was in other ways
secured 10 persons Of the colorcd
race; and the ballot being assured
to them, an etlcctual means against
unjust legislation was placed in
their hands. To each Of the amend
mcnts IL clause is added authorizing
Congress to enforce its provisions
by appropriate legislation"
The history of thGauIcndments is
fresh in the recollection of all ofus,
They grew out of the late civil war
and the events which followed it.
They were primarily designed 10
give freedom to persons Of the Afri'
can race, prevent their future en-
slavemcnt, make tlem citizcns,pre-
vent discriminating State lcgisla-
ton against THEN rights as frccmcn,