Ashtabula weekly telegraph. (Ashtabula, Ohio) 1880-1886, 1880-04-02
Tho YIrEIala senate RocnIcltrnnt.

The Virginia Senate Is sorelv dis
tressed by the recent decision Of the
| United States Supreme Court in the
case Of Judge Coles, indicted in the
Federal Court for the Western District
Of Virginia, upon a charge of excluding
all colored citizens from iuries on ac-
count Of their race, color and previous
condition Of servitude, and in violation
Of the act Of March 10. For this offense
Judge Coles was indicted in the United
States Court, and convicted and SEN
fenced TO Imprisonment. The point
made before Che Supreme Court was
that his arrest and imprisonment were
unwarranted by the Constitution of the
United States, and in violation of his
rights aud the rights of Virginia, and
the inferior court had no jurisdiction to
proceed against him. The Supreme
Court were of different opinion, and
held that the fourteenth amendment to
the Federal Constitution means that no
agency of the State, nor of the officers
or agents by whom its powers are
eXerted, shall deny TO any person with
in its jurisdiction the equal protection
of the laws, and whoever, by virtue of
his public position under State Gov
eminent, deprives another of property,
life or liberty, without due process of
law, or denies or takes away the equal
protection of the laws, violates the
Constitutional inhibition. In regard to
the particular ofense of Judge Coles,
the Court said that the selection of
jurors was ministerial, not a judicial
act, and being charged with the per-
tormance of that duty, although he
derived his authority from the State,
Judge Coles was bound, in the dis
charge of his duty, to obey the
Federal Constitution and laws passed
in pursuance thereof. This is the case
which has reused the patriotic indigna-
ton of the Virginia Senate to the point
of adopting a preamble and resolutions
denouncing the decision of the Su-
preme Court. The preamble recites
that "the decision threatens the very
existence of State governments as dis
tinct sovereignties, and it places the
judiciary of the State completely under
the control of the United States, and,
if followed to the logical results, will
enable the United States Congress to
coeroe the State Judiciary, as well as
the State Executive and Legislative De-
partments in all matters, thus destroy
ing every vestige of State sovereignty
"a most alarming doctrine to all who
value the blessings of liberty, for the
security of which the United States
Constitution itself was established and
ordained" The resolutions urge Vir-
ginia's Senators and Representatives in
Congress to procure the repeal of all
laws of Congress which tend to the ex-
ercise of powers not delegated to the
United States by the Constitution, nor
prohibited by it to the States, especial
ly of that act under which the decision
mentioned was rendered, and they re-
quest the Governor to communicate
copies of the resolutions to the Govern
ors of the several States, with a view
to having the Legislatures thereof take
similar action.
The Virginia Senate deserves and will
doubtless receive the thanks of the
Democratic party for thus promptly
rushing to the defense of the doctrine
of State sovereignty, but its action will
only excite the contempt of sensible
men. The decision of the Supreme
Court in the case referred to announces
no new doctrine. 1t simply declares in
effect that no State, and no department
or officer of State, can perform an act
forbidden by law of the United States,
made in accordance with the Constitu-
ton, without incurring the condemna-
tion of the Supreme Court, to be en-
forced by the entire power of the Ma
ton, il necessary. To this extent the
decision does attack and overthrow the
doctrine of State sovereignty, but, as
we said before, the decision announces
nothing new. 1t is simply reafiirma-
ton Of the paramount authority of the
Constitution of the United States and
the laws made under it. The Virginia
Senate says the decision, "if followed
to the logical results, will enable the
United States Congress to coerce the
State judiciary, as well as the State Ex-
ecutive and Legislative departments in
all matters;" to which we reply that the
United States Government has perfect
right to coerce all State officers into
obedience with United States laws
passed in accordance with the Consti-
tuition thereof. There is no hardship in
this doctrine. 1t does not extend nor
enlarge the powers of Congress or the
National Government in any way. 1t
simply declares the doctrine of the Con-
stitution, which, followed to its logical
results, means only that State laws and
State officers, legislative, executive
and judicial, must yield to the Consti-
tuition and laws of the United States.
The opposite doctrine, followed to its
logical results, would lead to COM
plete emasculation of the National
Government, and would make not only
every State official, but every citizen
OF a State, superior to the Constitu-
tion of the United States Indianapo-
lis Journal f .. U