The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-03-20

for instance, that il should not
paSs.a bill Of attainder or an &C
post tuc'o law. Nor should legisla-
ton be appropriate which should
conflict with the implied prohibit
tons upon Congress. They are as
obligatory as tho express prohibit
tons. The Constitution, as already
stated, contcmplatcs the existence
and independence Of the States in
all their reserved powers. If the
States were destroyed there could
Of course be no United States. In
the language Of this Court, in Col
lcctor VS.. Day, without them tho
General Government itself would
disappear from the family or ma
tons Legislation could not,
therefore, be appropriate which,
under prctcncc Of prohibiting L
State from doing certain things,
should tend to destroy it, or any of
its essential attributes. To every
State, MS understood in tho Amcri-
can senses, there must be, with re-
ference to the subjects over which
il has jurisdiction, absolute free
dom from all external interference
in the executive authority. Con-
greSs could not. undertake to pre-
scribe the duties of Il State Lcgis-
laturc and the rules il should fol-
low, and the motives by which it
should he governed, and authorize
criminal prosecutions against the
members If its directions were dis
regarded; for the Independence Of
the Legislature is essential to the
independence and autonomy Of the
State. Congress could not lay
down rules for the guidance Of the
State judiciary and prescribe to it
the law and the motives by which
il should be controlled, and if those
were Ftlisregardcd, direct criminal
proceedings against its members,
because a Judiciary Independent OF
external authority if essential TO
the Independence ofthc State, and,
also, / may add, 10 a just and eff
cient administration Of justice i'll
her courts. Congress could not
dictate to the executive of u State
the bills he might approve, the
par,lons and roprivcs he might
grant, or the manner in which he
might discharge the functions Of
his office, and assume TO punish
him If its dictates were diSrcgarded,
because his independence within
the reserved powers is essential to
TINT OF the State. Indeed, the in
dependence Of Il State consists in
the independence Of its Legislative,
executive, and judicial officers,
through whom alone it acts. II
this were not so, q State would
cease TO be IL selG:cXisting and an
indcstructible member oflhc Union,
and would be brought to the level
of n dependent munich pal corpora
ton, existing only with such pow
crs us Congress might prescribe.
cannot think | am mistaken
in saying that Il change so radical
in the relation between the Federal
and State authorities, as would jus
tiiy legislation interfering with the
independent action ofthe different
departments of the State govern
mtnts, in all matters over which
the States retain jurisdiction, was
never contemplated by the recent
amendments. The people, in
adopting them, did not suppose
they were altering The fundanen.
tai theory Of th..r dual system Of
governments. The discussions at
tending their consideration in Con-
grc<S and before the people, wheI.
presented to the Legislatures Of the
States for adoption, can be Success
fully appealed to in support of
this assertion. The Union was
preserved .at Il fearful cost Of life
and property. The institution Of
slavery in Il portion of the country
was the cause of constant irritation
and elimination between the peo-
pie of the State where it existed
and those of the free States, which
finally led 10 II rupture between
them and TO the civil war. AS the
war progressed its sacrifices and
burdens filled the people Of the
loyal States with Il determination
that not only should the Union be
preserved, but that the institution
which i'll their Judgement, had
threatened its resolution, should
be abolished. The emancipation
proclamation Of President Lincoln
expressed this determination,
though placed on the ground of
military necessity. The thirteenth
Amendment carried it into the or.
ganic law. That amendment pro-
hibits slavery and involuntary
servitude, except for crime within
the United States, or any place
subject to their jurisdiction. It's
language is not restricted to the
slavery of any particular class.