Richland beacon., 1880-06-05

d.ct:on was not surrendered to the United
states. The design Of the constitution was to
lea.e the States in all matters, the jurisdiction
Of which not surrendered the functions es-
scntial to separate and independent existence.
The late hlef Justice, Mr.. Chase, speaking
for the SUPREME Court in 1869 said: &" Not
only, therefore, can there be no loss OF separate
and independent autonomy to the States,
through their unison under the constitution,
hut il may not be unreasOnably said that the
pre,ervat on Of the States, and tie maintenance
of their governments, arc as much within the
design AMI care Of the constitution as the pre-
servation Of the Union and the maintanance
Of the national government" and he adds
that the constitution in all its provisions looks
to an indes,ruciible Union composed of inde-
structib.e States" In. 1871 Mr.. Justice Nel.
speaking for the court in the case of .sThs
Collector ~. Day" said that the power TO es-
tablish and maiEtainsa judicial department
was one Of the 'feserved powers" Of the State
which remained nnn!tered and unimpaired, and
in respect 10 which the State is as indepepdent
Of the general government as that government
is ndcpenden, Of the States"
Judge Field well remarks: "Nothirr eould
have greater tendency TO destroy the inde-
pendcnce and autonomy of the States reduce
them to a-humiliating and degrading depend
ehce upon the central government; engender
constant irritation ); aad destroy chat domestic
tranquility which it was one Of the objects OF
The Constitution to insure, than the doctrine
asserted in this case, that Congress can exer
cise cocrcive authority over judicial officers Of
the state in the discharge of their duties under
State laws. 1t will Re only another stem in the
same direction towards consolidation, when il
assumes to exercise similar &C ercive authority
o'er Governors and legislators of the Stare"
In this connection, the ease of the Common
wealth re- Dennison is cited, when the Governor
OF "hio refused to deliver a fugitive from jus-
tice, and maniam"s being applied for the
Supreme Court refused it, Chief Justice Tanev
declaring for the whole court that "such a
power would place every State under the con-
troll end dominion Of the general government
even in tie administration o. its internal con-
cerns and reserved rights" In Collector rs.
Day, the Court said that "any government
whose means employed in conducting its opera
tions are made subje' 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 Sc
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 AMI for that purpose whether they
possessed sound judgment and were free from
legal executions. The law under which he
acted hal been in force for many years. and
had always heen considered by the judicial gu
thoriti"> Of Virginia TO he in conformity with
its con stitution, which inhibi.s the legislature
from reGuirin Of its judges any other than
judi isl duties. test IA to the character Of
IN get is found in the power Of a writ of man
d,wDs 20 enforce its performance in n nartcu
lar way. If the act be judicial one. the writ
al. l.. AIn
discharge Of his duty with re!ers nee to it /; the
manner Of Performance cannot be dictated.
Here the writ could not command the county
Judge Ia select ns jurors any particular persons,
b'a X or white. but only to proceed and select
such as are qualified. its command in that re.
srect being sui ieet 10 the limitation incident
10 'll commands of such writs upon Judicial
oiirers touching judicial acts"
Justice Field next discusses the effect and
scope Of the 18th. I4th and 18th amendments
and their learing upon the question. They
were, he remarks. designed to give freedom TO
persons of the African race, prevent their fu-
ture enslavcment, make them citizens. pre-
vent discriminating State legislation agrinst
their rights as freemen and secure to them the
ballot. They are additions to the previous
amendment. and a,s to be construed in con-
ncction with them and the original constitu-
tion as one instrument. They do not in terms
contravene or repeal anything which previously
existed in the constitution and those amend
ments. Aside from the extinction of slavery,
and the declaration of citizenship, these provi-
sions arc merely probibitory upon the States,
and there is nothing which indicates that they
are TO lie construed or enforced in any way diff
fereEt from that adoption with reference to
previous restraints upon the States. The pro-
vision authorizing Congress to enforce them by
IA lot, pnt anil
reope. No legislation would be appropriate
which should cortravenc express prohibitions
previously existing, as for instance those that
Congress shall not pass bill Of attainder on
an post tacto law. Nor would legislation be
appropriate which should conflict with the i'm
piled prohibitions upon Congress. They are as
obligatory as the express prohibitions. The
constitution contemplates the existence and in
dependence of the States in all their reserved
powers. Legislation could not be appropriate
which, under pretense of prohibiting State
from doing certain things, should tend to de-
stroy il, 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 it, legislative, judicial and execu-
tive authority. Congress could not prescribe
the duties Of State legislature and the rules
It should follow, and authorize criminal prose-
cutions against the members If its directions
were disregarded; for the independence of tho
legislature is essential to the independence
and autonomy Of the State. Congress could
not lay down rules for the guidance of the
State judiciary because q judiciary independent
Of external authority is essential to the inde-
psndence of the State and to AUST and efficient
administration of justice. Theipdspendence
Of State consists in the inds asnce Of its
legislative, executive and judllial officers,
through whom alone il acts. II this were not
% State would cease to be . self-existing and
IN indestructible member of the Union, and
would b brought to the level of a dependent,
municipal corporation, existing only with sueh
powers as Congress might prescribe"
by process Of irresistible logic at which
We can barely glance, Judge Field absolutely
demonstrates that the 18th, 14th and 18th
amendments do not confer the right upon col.
ored persons to serve upon juries in the State
courts. The 18th amendment merely abolishes
slavery. But" says Judge Field, "it confers
no political rights. 1t leaves the States Free %
before its adoption, to determine who shall hold
their ofnces and participate in the administra-
tion Of their laws" The l4th amendment il
next discussed, clause by clause, with similar
results. The FIRST clause merely crested or
reeosntsed . national citizenship as contradis.
tinguished from that Of the States. But the
privilege or duty of iurv service IL not an in