Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1880-05-01
COMMUNICATED.
LincOln's Platform vs.. Decision
of the Supreme Court.
By V. NJ. f.


In 1860 the present, so called, Republican par
ty came into existence from eegs deposited IN
the aboliiian rest; by q sympathetic cross be-
tween Know-NoIhing sire on an Abolition
dam. The prodigy partaking of the dam(r) sire
in an iDfinitpde of .ignifcanc".
Iquote the fourth az article OF their platform
passed at Chicago May l6,h, 1860. That the
maintenance i1vi)laie of the rights of the
states, and especially tie right of each State TO
ortcr and control its own domestic institution n
according to ia own judgment ex'lusively, Is
essential to that balance of power on which the
perfection and endurance of our political Lao
II depends; and We cenouuce the lawless in
vasion by armed force of the soil of any State or
Territory, no matter under what pretext, as
among tue create { of crimes"
Here we have the key 10 the abolition success
in 1860. II was broadly tie same as the DINO
era ic platform on the great doctrine of State
sovereignty, and Federal subordiuation In all
things not c,eded by the States TO the 'derai
power, and was, and sill Is the safely valve on
The Slip of State.
But what have We in contrast, to-day, from
this succession of the success of the Lincoln
platform of 1860; nearly twenty years OF most
fragrant and outrageous violation OF pledged
faith in the doctrine above quoted.
The decisions rendered March lst 1850, In the
Supreme Court OF the U. s. by Justice Strong,
Field and Cliff ord, dissenting, are known ds the
West Virginia, viz: The case of West Virginia
is that of negro Taylor Strauder) who was
convicted IN Oslo county for the murder OF his
wife, October Goth, 1874, aud was to have been
executed March Goth, 1885, and finally by witt
of error reacbedi the U. s. Supreme Court on
the grounds that the State of West Virginia pro-
hibits negroes as JUROR; and on tbs ground me
Federal Court decided that State cannot In
hill IL negro cs jurors thus vi Lifting in q ect
appreciation the doctrine of State sover, ignty,
and trampIiug under foot the fourth article oil
their organic platform, merely to meet "hst
they admit 10 he an IMPLICATION OF the noloil-
Gus XIV amendment TO the Federal Constltu-
ton; thereby proteclit notorious murderer
whose crime should have been avenged on the
galiows long ago, but whose crime has been I'M
punis he'd because as this fellow Stroi & and LIS
co-partizan Justices think, white men as Jurors
are not negroes peers; hence the assignment o.!
error is sustained, and that our Constitutional
law is in violation Of the Fourteenth Amend
ment.
| would like to ask this Justice Strong or
Strong Justice (?) how be reconcils that older
provision If the Federal Constitution, viz Sec.
", Article ". The United States shall guar
antee 10 every State in the Union, republican
form OF government, &C.. &C." II State or
States officers are suhjec to any other powers
than those ceeded 10 the general government
under the articles Of Confcd Grafton, then such
State Is not in possession of republican form OF
-
subjects; and any interference by q Federal
Court with Judge Of State Court, when exer-
ding functional duties whether judicial or
Ministerial under the lays OF his Stale, Is extra
Judicial ard anti-republican, and such Justice
ought TO be impeached. The case OF Judge j..
d. Coles of Piltsy vania county, Va, was INDIcr-
ED ia the Federal Court of Virl inia because ne
did not select negro jurors for the Courts In
1878; the Constitution If his State being silent
on the color Of jurors. Here is one OF the great
est usurpalons of Federal power in setting ASIDE
the habPas corpus sued out by Judge Coles. and
under the most tiff e pretext dentd. In the
III Article the judicial power OF the United
States is defined, and the exercise OF auihoil
in purity Of State causes concerning the relation
between State and its ciIizens Is in no wise
enumerated. In the VI Article of the Amend
ment TO the Federal Consliton we have the FOL-
lowing in all criminal prosecutions the ac-
cused shall enj,y the light To speedy and pup
lie trial by all impartial jury OF THE STATE aud
district wherein the crime shall have been com
mitted" &C.. &c. Judge Coles was indicted Tor
an alleged crime In FEDERAL Court in eX-rcls-
ing his duty as q State Judge under State laws;
involving none OF the +, deral powers, or con
cernirg any rights guaranteed TO any citZ"n Of
the United States, but merely in the exercise oil
his discretion omitted to select negroes as Jurors;
and yet he Is to be tried under the Indictment OF
a Federal (exodus) Court. The thing Is slmpy
monstrous; and very sptly recalls the warming
lie
Sept. 2Sth, 1920. He says TO con-iicr the judges
as the ultimate arbiters of all cunsiitu'i NAL
questions, q very dangerous doctrine indeed ana
one which would place Us under the despotism
of an oligLrchy. Our judges are as honest as
other men and none more so they have with 9TH
ers the same pUss, siuns for party, for power ana
the privilege Of th l. corps, and their power me
more DANCE! Gus they are in office for lie, anu
not responsible, as the other fuDctionari's are,
to the elective control. Tie Constitution has
created no such srgle tribunal, knowing thatlo
whatever hands confded with the corrupuors oil
times and party, Is members would become d:s-
pots" Wien we consider the circumstances Tor
wi ich the Supreme Court was reccnStructcH by
the Act OF Congress April 10th, 1869, and Str0i
and Bradley seated upon the Supreme "Nooi
Sack" and what has been brought about ~
them since, we need not be surprised st an
thing from that source This civil rights ded-
sion is but an advance step preparatory IN the
Grant consolidation proSramm" and an empha'-
ic "goipg back on the abo zion platform OF
49, 0 quoted above. Popular sovereignty WAS
then declared 10 get into power, now 1t Is re-
nouuced to keep in power recording tee Ia
which is patent to every one. that principle ana
love of liberty, and popular government are sen,
timental hood winks, and not salu!ary lite blood
of the Republic, as is regarded 10y the Deinocra-
cy How rapidly the Rule and Ruin party are
following the decline of The Roman Republic, j
their SiLLA has fgnred and their PoMPEY is
watching ulS oIpuIIuui'S "u''Ss W f"Ni' va
Indians is as good an excuse for raising an army
as was the prettxt to arm Pomp'y with almost
supreme power, to put down the CretiLn Pirates
Tyrants are u, yer without pretcXt.
It is with pleasure and some hope, to witness
the criticism of the great bulwark ci llb"r'y, the
Prees, in whitening der upciaIion Of this judicial
design 10 help strike down tue sovereignty OF
the States and the consequent liberties OF The
people. Our county papers have nobly vindlcR-
ted the sovereign rights OF the States by de-
nouncng the partizln decision of the Strong
and Bradley court. The Free Press comes out
manly but little d!spondent; aud the Spirit OF
j, ffei son is Enthusiastically in earnest In Gen"unc'
ing the csion III tie S;rauder case. There is
Que hope sill left in Pandora's Box OF American
Liberty; the people are supreme in our govern
ment yet and they must be warned aud entreat'
ed to revere these decisions OF venaI C urt 1t
IL obvious for what the decision was made Its
Intended TO win back the negro vote In the
South for Grant, who has been on long trip
around the world to learn little more OF mod
eru Casarism. He is preparing himself for
Majesty q and the people are to be Inundated
for servile subsection.