New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-10-04

,,hl, ,osrs ctafIe committee Of the oOsored
10 =, Alorandria appointed ~ a pubic meefng
-rossnt in Court ard excited ths respect aud
,..,hy of all gencrons.rn minded persons In the
-, ,oor, Thu right of these cOOred men nno
,, NJ every other colored 10 Virginia 10 tosny
ard 10 have coloro testimony in their behalf NO esch
.a TO tie protection Of life liberty ind property mss
been taken from them by the same law by when the
Testimony Of Dorsey excluded, ana ne ne Is con
tending fo their rights AID that Of every other coorea
man rs We'll as his ownstlcy have assumed the entne%
penses OF the suit and oasiy II op ia behb eivhDo
and universal emancipation. The Judgc remarked that
no did not wonder az the interest manifested py
the co,orea people IN the questions involved Tor
IL had oviuo 10 Lis knowledge that but me h'sA'
before n coiored man had been kidnapped irop'
Alexandria and that the perpetrators efpec'"
escape Justice, os thero were no witnesses wv
colorea witnesses 70 testify against tom and That th'
testimony would bo excluded under tho INV eompiH'su
IL After sorne sesuJtory conversation the hearing VI
.he .nnlc.,n ,es osponed until the third MONDAY
October Nj Ford stating thst the case "oNio l''c'
or conld Ne 20 fhoycd 10 present questions OF no
m.utoas Importance including to powers ana e"te'"
re,elllous State in the process Of reconSru'u"n
pnher proyisioual government and that be ""n'ed
time for preparation he had been retained III inc oas'
orls The day before. The Judge, in postponins s'e
case remarked thn. the qrostion about which he h'a
the most doubt wac az lis power and 1urisui''oH
and rcouesed 10 be informed particularly upon 'Ds'
subject.
1;be ,orovcina a,e understsod 20 be tie principal
points relied u,,on ly TIE respective eounse''
Itf oou,s1dej by the defendants counsel that the
complainant Dorsey has status before the Circni'
Court or District Judge Ia not being citizen within
the meaning Of the psitation. OF party TO the sa'
In the ANxandra County Court that the only interests
Of his Affected are abstract aid fSnsifal aud not
positive right privilege. immunity for which he can
sces q remedy IN courts Of law TINT me only parry
who las right 10 complain Of TIE action OF the AieA
ancria County Court in the case Of Gran aet
Howard ~ Graf. the plaintiff In net suifi
and TIA, his remedy. il any exists ID con
fined 10 procoodin;s in ha' suit and IN the state Courts
and th't Tho United states Courts or Judges have ne
the person or tie enbeTt matter mat
s.a,s o1pnot DO epjono the proceedings Of State
Court stayed by tho United States Courts and that no
writ Of N andamus or njrp oton Issue to any Court
IN arrest errors Of Judgment the remedy being by hp
peal row trial bill Of e1oe>,ious writ % euor &C.
ard 10. By mandatory proc-ss 10 Tue iaiericT Court
Tho Counsel foF the complaint oontonis that dear
and substantial i,At u ,uiaeaf urabe importance -
every NJ and freeman Lat of equality IN the eye"i the
law h.s baca taken fron him in violation Of the CoDst
taiion o, the United sts,ce shat As wife may be raw
ished his home burned LIE property destroyed IA bis
very presence. or hinseh robbed. beaten or NAMED
by white persons with inpunity and without TIE
possibility Of .he offender being brought to Justice
unjcr this decision Of the Cour; DO matter how
many ooIored persons may vitaess the ransaclioa
That tie white Uans testimony 70 be allowed against
him even 20 TIC t.S.pg OF all his property. tie Deprive
Lon Of his liberty. tie jeopardy Of his life but hc
cano, b. alus.d ~ testify in his own behalf CT have
the testimony Of othsft coored like hisei ana must
Keep silence wher bis testimony in bennf OF truth aud
70 ostifsfs low can MAJ cssn OK Msa aohrse,ts
I be said 10 enjoy cqpd EightS OK any rght-the ZANE
privileges And iamuuities allowed IN vhito rulan Of
yirginla-wth Law that degradet hiu. IN comparison
and places HIN completely at biz mercy from distinction
Of color merely Tho tight to testify ts not sb.
strsct and Mncife blt rosl and practical and
its deprivation mus. have remedy and Their,
mist be some cont empowered 70 maze IL efoo-aa
Dcfsey 20. being party to the .uit o. Graf sStinst
Howard cannot cause IL - he proceeded with in tho
State Cou.ts OF removed 70 lie United saios Coarts
bis cniy remedy then heae by bin or sult in his own
behalf "a night BIS own wrong. ami ~ G citizen Of az
o.'el safe proceed IN the Cnit1d sta;os Circuit
Court, and 70 make his remedy effective tat Cour;
nust have TIE power isue tue nandanas ssied for
tho bNlftl >,t-es Dlhtflct Judge 70 graut III
Junction is power being cogxtensiye with the Circuit
Coar! ,t tho, respect, with the limitations
before mentioned. Tha. tbi. cannot le ssd
70 be rat in Which State is party and
in which the Supreme Court OF The United States
would alone have original Jurisdiction aid ,Len only
when brought ty citizen 0: the and OF enoh
e. State bu proceeding against State Court Of I'M
tied iorisdcilcp, ind between citizens Of different
States properly brought IN tie Circuit Cont 81 the
United States ami oO. ~ STAY Rat 10 correct thu pro
oeedngs Of Sats Court 40 far the lie IN Viola
ton of the rights of citizen Of another State. Although
State Cannot 10 sued BY q citizen 81 another State
IN the United States Colits .ot parties, coTporadons
courts acting under tie authority and In purslsuce
II thelsws Of State nay be made parties deisn liant
end proceeded against and ths Ststs lava afford them
no rrotecLOD II in violation Of the Conitnutiop aud
laws Of Tic United 5tas,. The Circuit Cour, having
Jurisdiction Of The person end subject matter.
il foiievs that It has al the ooercive power
Necessary 70 make IS jafislicion effective incud.
| ing the Issuing Of yTtts Of mGndanns and
injunction 70 h: Sta.e Coo't end this has boon fire.
euenty DONE not 20 stay proooodnss IN the State Court
70 Suspend IN TIE vxecss Of it, fuaotons but to
prevent i exceeding ts powers and 10 regulate its
don Ia conformity 70 mn Consttuton and laws Of tie
United 'S.aita Tie Alexandria County Court may
proceed al any tine 9Th he Of Graf saint How
ard snc be sIeinsd bat III 60 doing must not
trampe upon the nights Of Israel Dorsey not party
the suit rgL guaranteed 20 al by the Constitution
Of the tel States citizen - another State The
infringement and dthisi OF these rights IL not 10 b. re-
gsrdec error o. Judgment merely TO he corrected
b. appeal ard review Ia tie suit aud not by nsndanus
bat requiring sepArato ond Independent proceeding