The home journal. (Winchester, Tenn.) 1858-188?, 1880-05-27

which remained unatcred and unimpaired, an
in respect to which the State Is MS Independent
Of the general government as that government
Is Independent Of the States"
Judge Field well remarks; "Nothing coul
have greater tendency to destroy the indie
pendcnce and autonomy Of the States reduc
them to a humiliating and degrading depend
ence upon the central government; engende
constant irritation and destroy that domesti
tranquility which it was one Of the objects 0
the Constitution to insure than the dOctrn
asserted in this case, that Congress can exer
else cocrcive authority over judicial officers 0
the State in the discharge of their duties unde
State laws II will be only another step in tn
same direction towards consolidation, when i
assumes to exercise similar ccercive authorit,
over Governors and legislators of the State.
In this connection, the case of the Common
wealth RS. Dennison is cited, when the Governor
Of Ohio refused to deliver fugitive from JUS
tice, and a mdndomW being applied for the
Supreme Court refused it, Chief Justice fancy
declaring for the whole cCnrt that "such O
power would place every State under the con.
troll and dominion of the general government
even in the administration Of its internal con-
Germs and reserved rights" In Collector Us.
Day. the Court said that "any government
whose means employed in conducting its opera
tons are made subject to the control of another
an | distinct government, can exist only at the
mercy of that government"
| "The duties Of the county Judge in the se-
lection Of Jurors, Justice Field observes, were
| judicial in their nature. They involved the
exercise Of discretion and Judgment lie was
to determine who were qualified to serve in that
character and for that purpose whether they
possessed sound Judgment ana were Tree from
legal exceptions The law under which ne
acted had been in force Tor many years, ana
had always been considered by the ludic'ai au-
thoriti"s Of virginia to be IN conformity win
it's constitution, which inhlhitS inc legislature
from requirin' OF iis Judges any DINER thah
ludl'inl duties Test nS TO thc chhrac'et Vi
nm act il found in the power oil writ OF man
ddm"' to enforce It's performances. IN nnrucu
lar way. IT the net be judicial one, inc WIFI
can only require the Judge to proceed IN the
discharge OF his duty with reference TO IL the
manner of performance cannot be dictated.
Here tho writ could not command the county
Judge To select az jurors any particular persons,
black or white, hut only to proceed and select
such rs IRE qualified, it, command in that re-
spcct being subject to the limitation incident
to ,ll commands of such writs upon judicial
Justice Field next discusses the effect and
scope of the 18th, l4th and 18th amendments
and their Tearing upon the question. They
wcrO, he remarks, designed'to give freedom to
pcrsons of the African race, prevent their flu
ture cnslavemcnt, make them citizens pre-
vent discriminating State legislation against
their rights as rreemen and secure to them the
ballot. They are additions to the previous
amendments and are to be construed in con-
nestion with Thorn and the original constitu-
ton as one instrument. They do not in terms
contravene or repeal anything which previously
existed in the constitution and those amend
ments. Aside from tho extinction of slavery,
and the declaration Of citizenship, these provi-
sions are merely prohhitory upon the States,
and there il nothing which indicates that they
nre to be construed or enforced in any way diff
ferert from that adoption with reference to
previous restraints upon the States. The pro-
vision authorizing Cong, ess to enforce them by
appropriate legislation does not enlarge their
scope. No legislation would be appropriate
which should contravene express prohibitions
previously existing, ms Tor instance those that
congress snail not pass bill OF attainder on
an fr p"st Jd"'o law Nor Wonld legislation DC
appropriate which should conflict with the I'M
Pieu ProhlDi'ions upon congress. ihey are Us
obligatory as the express prohibitions. The
constitution contemplates the existence and in
dependence Of the States in all their reserved
powers. Legislation could not bo appropriate
which, under pretense Of prohibiting State
from doing certain things, should tend to de-
strOy it, or any of its essential attributes. To
every State, as understood in the American
sense, there must be, with reference to the sub
ject over which it has jurisdiction, absolute
freedom from all external interference in the
exercise Of its legislative, judicial and execu
tive authority. Congress could not prescribe
the duties of a State legislature and the rules
it should follow, and authorize criminal prose-
cutions agains. the members if its directions
were disregardcd for the independence of the
legislature IS essential to the independence
ana autonomy of the state. Congress could
not iay down rules Tor the guidance OF the
STATE Judiciary because Judiciary Independent
OF external authority IS essential to the indie
penaence OF the state and to a just and efficient
administration OF justice. " The Independence |
d state consists IN the independence of its
legislative, executive and Judicial officers,
hrough whom alone 1t acts. If this were not
10 n state would cease to be SeIt-eylgtlng and