The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1880-03-17

:. in any Of its amendments which au-
thorizes any interference by Con-
gress With the States Ia the admin
istration OF their governments and
the endorsements Of their laws with
! respect to any matter over which in.
rtsdiction was not surrendered to tho
United States. The design Of the
Constitution was not to destroy the
States, but to form a more perfect
union, and while creating a central
government for certain great purpos-
es to leave to the States in all mat
tiers tho jurisdiction Of which was
not surrendered the functions essen.
,ial to separate and independent ex.
fistencc. Nothing could have great
er tendency to destroy tho independ-
cnce and autonomy Of the States
and reduce them to a hu.niliatinx
md degrading dependence upon the
central government than the doctrine
asserted in this case, that Congress
an exercise coercive authority OVER
judicial officers Of the States in the
discharge Of their duties under State
laws.
The duties Of the County Judge IN
selecting Jurors are shown to have
'een judicial 10 their nature By the
express terms Of the law and the
State constitution and the uniform
decisions Of the courts Of the States.
In the case Of Collector ". Day this
Court held that any government
whose means employed in conducting
it's operations are made subject 10
the control Of another and distant
government can exist only At the
mercy Of that government. Judge
Field denies that the amendments
support the Regulation In question.
The provisions authorizing Congress
to enforce them by appropriate leg.
islation does not enlarge their scope.
No Legislation would be appropriate
which conflicts with the express or
implied prohibitions Of the Consti.
tuition upon the power Of Congress.
Legislation could not, therefore, DO
appropriate which, under pre.enss Of
preventing State from doing Ger.
tain things, should tend to destroy
it or any Of its essential attributes.
To every State there must BE-, with
reference to the subjects over which
it has jurisdiction, absolute freedom
from all external influences in the
exercises Of its legislative, ia, iciat
and executive authority. The inde-
,pendence ola State consists in the
independence OF its legislative, exec.
utive and judicial officers through
whom alone it acts. II this we're mt
so State would cease to he an in
acstructihle member OF the uninn
and would be hrough. to the level Of
dependent municipal corporation
existing only with snch powers ~
Congress might prescribe. The .Lir.
teenth and fourteenth amendments
are next Analysed, and i, is main
tanned .ha. they do not afford war.
rant for tho act Of Congress under
which the indictment in the case was
found. The fourteenth amenlment
extends protection only tn civil
rights as distinguished from Tho .
which are political or arise in tha
form Of the Government aud It's
mode Of administration. 1t has no
more reference to political rights
Than !. has to social rights aud du.
lies which do not rest on any posi-
i've law. That the thirteenth and
fourteenth amendments were only
designed to secure the civil rights Of
persons OF every race and condition
Is manifest by the fact that when It
vas desired to confer political power
Upon the newly made citizens Of the
states, - Was done BY inhibi.ing the
ienial to them Of the suffrage on &c.
:ount Of race, color or previous con
tition of servitude, new amend.
nent was required. The case should
lot be delayed for the slow process
n = trial 10 the court below and 1
'absequent appeal In case Of convic.
ion to this Court. Those Who 70.
,ard the independence Of the States
n all their reserved powers a. essen
ial to the successful maintensncs Of
'us form Of government cannot fail
o view With the gravest apprehsn.
hon for the future the indictment
q court Of the United States Of Z
judicial officer OF State for the
manner 10 which he has DISCHARGED