Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1880-03-19

had always been considered by its judicial
authorities to be in conformity with its con
stitution, which inhbits the legislature from
requiring ofits judges any other judicial du-
ties. A test as to the character of an act is
found in the power of writ of mandamus
to enforce its performance in Il particular
way. If the act be u judicial one the writ
can only require the judge to proceed in the
discharge of his duty with reference TO IL /;
the manner OF performance cannot be die
tatcd, Hero the writ could not command
the county Judge to select US Jurors any par
tcular persons, black or white but only to
proceed and select such as are qualified
command in that respect being subject 10
the limitation incident to all commands of
such writs upon judicial officers.
The Thirteenth and Fourteenth amend
ments are relied upon, as already stated, to
support the legislation in question The
Thirteenth amendment declares "That
neither slavery nor involuntary scrvitude,
except as u punishment for crime whereof
the party shall have been duly convicted,
shall exist in the United States, or any place
subject to their jurisdiction" The Four
teenth amendment, in its first section, which
| is the only one having any bearing upon the
| questions involved in this case, declares that ;
| "All persons born or naturalized in the
United States, and subject TO the jurisdiction
thereof, are citizens of the United States and
of the State wherein they reside. No State
| shall make or enforce any law which shall
| abridgc the privileges or immunitics of cit
| izens Of the United States; nor shall any
State deprive any person Of lite, liberty or
| property, without due process of law nor
deny To any person within its jurisdiction
the equal protection Of the laws" The Fiji.
teenth amendment, which declares that /:
"The right of citizens of the United States
to vote shall not he denied or abridged by
the United States or by any State on ac-
count of race, color, or previous condition Of
servltude," is not material 30 the questions
before us, except as showing that it was only
with respect to the suffrage that an intcrdcl
was in terms placed against legislation ON
| account Of race, color or previous condition
of servitudc Equality in their civil rights
was in other ways secured 10 persons of the
colored race, and the ballot being assured to
them, an elfectual means against unjust leg
islation was placed in their hands. To each
of these amendments clause IL added au-
thorizing Congress to enforce it, provisions
by appropriate legislation"
The history Of the amendments Is fresh IN
the recollection of all Of us. They grew ont
of the late civil war and the events which
followed it, They were primarily designed
TO give freedom To persons of the African
race, prevent their future enslnyement. mike
them citizens prevent discriminating State
legislation against their rights is recmen
and secure 10 them the ballot The ,,nnpr.
ality Of the language used necessarily OK
tends some of their provisions l1 all persons
OF every race and color, but in constituting
the amendments and giving effect 10 them,
the occasion of their adoption and the pur.
poses they were DESIGNED Ia a,inin should he
always borne i'm mind. Nor ghould il he
forgotten that thew are additions 10 the pre-.
yious amendments. and nrecoustrrcd in con
nection with them and the original Constitu.
ton MS one instrument. They do not in terms
contravene or repeal ANYTHING which pre-.
yiously existed i'm the Constitution and
those amendments Aside from The extinc.
ton of slavery. and the declaration of chi.
zenship, their provisions are merely prohibi.
tory upon the States and there IL nothing
in their language or purpose which indi'
Gates that thcy are to be construed or
enforced in any way different from that
adopted with reference to preyious restraints
upon the States. The nrovisinn nuthorizinp
CONGRESS Ia enforce them nv onpronrioio
LEGISLATION does not enlarge their sconr nor
confer any authority which womb noi have
existed indepcndcntly of IL No legislation
would he apnronriatS which should contra.
vene fine eynrrss Drohihitious unon Com
gress nrevionslv existing ~ for inat,nro
that il should moi nnss bill al nttaindcr or
ex post ncto law. would legislation he
apnropridte which should conflict with thc
implied prohibitions upon Congress. They
are MS obligatory as the express prohibitions
The Constitution. as already stated con.
templates the existence and ndependence
of the States i'm all their reserved bower
If the States were DESTROYED there could of
course be no United States. In the ian.
guage of this court .'Witbout them the
General Government itself would disappear
from the family Of nations" Iegsiati0n
could not, therefore, be appropriate which,
under prelense of prohibiting n State from
doing certain tbings. should tend 10 destroy
it, or any of its essential altributcs no
every State as understood i'm the American
sense. there must be. with reference 10 the
subjects over which il has Jurisdiction. abso.
lutte freedom from ali external interference
i'm the exercise of IL legislative. iudicinl and
executive authority. Compress could not nm.
deriake 30 prescribe the duties of a State
legislature and the rules il should follow and
the motives by which il should be governed.
and authorize criminal prosecutiou4 aVninst
if lis directions were disregarded. far dc in
dependence of the legislature II essential 30
the independence and autonomy of the State.
Congress could not law down rules for the
guidance Of the State Judiciary. and pre-.
scribe Ia il tbe law and motives bv which
il should be- controlled, and If these
were disreparlel direct criminal pro.
cendinos apgiust ~ member. bor;utse "A Ia.
dietary iudrnendeot of external authority
Il ESSENTIAL a. thc indopendencc of the STATE
and nlso / NAV n,d Ia n iust ond efficient
administration nf insticr i'm tho co,trtq
Conorcss could nat dictate IA fine cvcoutiv,
of n Stotc thn LiiIs Il. mioht apnr,yr the
nar,lons AMI r..,,ri,.ycs Inc ,ni,,lt Grant rio
p,aunnr ,,ti"h ho ,ui,,tt Ji25rG"r',., ti,'.
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