Some Account of the Work of Stephen J Field As a Legislator State Judge And

Cover Some Account of the Work of Stephen J Field As a Legislator State Judge And
Some Account of the Work of Stephen J Field As a Legislator State Judge And
Chauncey F Black
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' I could add to these authorities, if anything more were required, that all the re- corded utterances of the statesmen who participated in framing the Con- stitution and urging its adoption, and of the publicists and jurists who have since studied its language and aided in the enforcement of its pro- visions, are inconsistent with the pretension advanced in this case by the counsel of the government.
" The duties of the county judge in the selection of jurors were judi- cial in their nature. T
...hey involved the exercise of discretion and judg- ment. He was to determine who were qualified to serve in that charac- ter, and for that purpose whether they possessed sound judgment and were free from legal exceptions. The law under wiiich he acted had been in force for many years, and had been always considered b}" the judicial authorities of Virginia to be in conformity with its constitution, which inhibits the legislature from requiring of its judges any other than judi- cial duties. A test as to the chai'acter of an act is found in the power of a writ of mandamus to enforce its performance in a particular way.

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