Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-09

tuIion and those amendments.
Aside nom the extinction Of
slavery and the declaration
OF citizenship, their provisions are
merely prohibitory upon the States;
and there il nothing In their Language
or purpose which indicates that they are
10 be construed or enforced In any way
different from that adopted with refer
ence 10 previous restraints upon the
States. The provisions authorizing
Congress 10 enforce them by appropri'
ate legislation
poEs xor ENLARGE THEIR scoPR,
nor confer any authority which would
not have existed independently oil IL.
No legislation would be appropriate
which should contrayene the express
prohibitions upon Congress previously
existing, M, for instance, that II should
not pass q bill OF attalnder or an ~ post
6iclo law. Nor would legislation bc APP
propriate which should conflict with the
implied prohibitions upon Congress.
They are as obligatory as the express
prohibitions. The Constitution, rs
already stated, contemplatcs the exist
ence and independence Of the States in
all their reserved powers. II the
States were destroyed there could
OF course DO no United States.
In the language OF this Court
in Collector W.. Day, without them
the General Government ITSELF would
disappear from the Iamily Of nations
Legislation could not, therefore, DO APP
propriate which, under pretence Of pro-
hibiting State from doing certain
things, should tend to destroy 1t, or
any OF its essential attributes, To every
State, as understood in the American
sense, there must be. with reference TO
the subjects over which Il has juris-
diction, absolute freedom from all O..
ternal interference in the exercises OF It's
legislative. judicial and executive au
thority. Congress could not undertake
90 prescribe the duties Of u State Legis'
laturc aud
TUX RULES II suouD FOLLOW.
aud the motives by which ii should be
governed, aud authorize criminal
prosecutions against the members u It's
directions were disrcgarded; for the IN
dependence Of the Legislature Is essen
tial To the independence and autonomy
Of the State Congress could not lay
down rules Tor the guidance OF the State
Judiciary and prescribe TO II the law aud
the motives by which II should he con-
trollcd, aud il these were dlsro'
garded, direct criminal proceedings
against its members because u judi.
ciary independent Of external
authority il essential 20 tho indie
pondcncc Of the State. and, also, | may
add, 10 u Just aud efficient administra'
ton of Justice in her courts. Congress
could not dictate 10 the executive OF u
State the bills ho might approve, the
pacdons and ropriyes ho might grant,
or the manner in which he might dis
charge the functions OF his Office, and
assume to punish him II its dictates
were disrcgarded, because his indcpcnd'
encc within tue reserved powers IN cs-
sental to that Of the State. Indeed, the
Independence Of State consists in the
independence Of it, legislative, cxecu-
tive, and judicial officers,
TnRouGu WHOM ALONE IT ACTS.
II this were not 80, u state would cease
10 DO sclieXisting and an lndcstrncu-
bic member Of the Uuion, and would
DO brought 10 the level Of dependent
municipal corporation, existing only
with such powers as Congress might
prescribe.
cannot think am mistaken in say
iug that change 80 radical ia tho rcla'
ton between the Federal aud State au.
thoriles, ~ would justify legislation in
tcricring with the independent action
Of the different departments Oi the STATE
governments, in all matters over which
the States retain Jurisdiction, was never
contemplated by the recent amend
mcnts. The people, In adopting them,
did not suppose they were altering the
fundamental theory Of their dual sys-
ten Of governments. The discussions
attending their consideration IN Con.
grcss aud before the people, when pre-
sculcd TO the Legislatures OF the
States Tor adoption, can be success
fully appealed 70 IN support Of this as
spriipn. Tho Union was preserved at
a fearful cost oi life aud property. The
institution Of slavery In u portion of the
country was the cause Of constant irri-
taiion aud elimination between the poo.
pie Of the States where IL existed and
thssc OF the free States, which finally
led to rupture between them and to
the civil war. As the war progressed iis
sacrifices and burdens filled the people
ot the loyal States with determination
that not only should the Union be pre-
served, but that the institution which,
in their judgment, had threatened It's
dissolution, should be- abolished. The
emancipation
PROCLAMATION or PRESIDENT LINCOLN
expressed this determination, though
placed on the ground Of military ncCes.
sity The Thirteenth Amendment car
RED it into the organic law. That
amendment prohibits slavery and inyol.
untary scryitude, except Tor crime with
in the United States, or any place sub
icCl 90 their jurisdiction. lts language
Is not restricted to the slavery OF any
particular class. II applies to all men.
aud embraces in It's comprehensive Ian
guagc not merely that form Of slavery
which consists In the denial of personal
rights to tho slave. and subjects him 10
the condition OF a Chaltle. but also
seriage, vpssalagc, peonage, villeldage,
and every other form OF compulsory
service for the benetii, pleasure or ca
price oi others. II was intended 10 rem.
dec every one within the domain Of tho
Republic freeman, with the right 10
follow the ordinary pursuits OF LIE with
out other restraints than such as are APP
plled to all others, aud 10 enjoy equally
with them the earnings OF his labor.
MIR Ir coNFKRs 80 POLITICAL EidHTs;
il leaves the States free. as before its
adoption, to determine who shall hold
their offices and participate Ia the al
ministraiion Of their laws A similar
prohibition Gi slavery aud involuntary
scryilude was in the Constitution OF
several STATES previous 10 Its adoption
10y the United States. aud II Vas never
held 10 confer any political rights.
On the eighteenth OF December, 1862,
this amendment was ratillcd-that Is,
the official proclamation Of its ptitca.
ton WAS then made and in April OF the
following year the Civil Rights act was
passed. Its first section declares that
all persons born In the United States,
and not subject To- any foreign power,
excluding Indians not taxed, are "ciii-
sens Of the United States" AMI that
n -.