New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-10-04
or ceLoREB WIT
wv.srs I'm VIRGINIA.
,.srressisg and rnpoA'""s Proeef"." a..
dc Uritea sen"s Cc"s'' "~" ''
STARTS In vfry;ain.

- O.. -, ,lsxandria Ve., IN which 'srafi Sfau IN
~.,s,,1 "a .,ioLard Howard defendant Calvin rep
-. .,,o,n., for the plaintiff and ). Ferguson beac"
...-. ar the defendant the following blu Of ehcop
-. signed and sealed by The court. CONSISTING -
-. ,odlces after which, by consent Of The part
awvS withdrawn. and the care continued INC
-, tsrr Of The court, snd stn reIaeins 10 ''''
vhASut final decisson ,.,rs,,h
rlodnow at this day. that Is to say on the s''''''
-rC.,,o,,hcr an Tho year on, thousand eight hund'
- and si1,y.four. came the parties niOl. -
A. = .ns,a.,,ra s,iorpeys and this ease having o""N
m q, ,,s. ,,e paiafis attorney, to prove 'ne ISSUE
-, n, ,ba nleiufif called as witness isfa'i
s,1I ,,loxoa man fom fhe state OF 3"achuSe'ts'
80 oA,a,sd nv The stt.roey for tho plaintiff ci1oh
r.h Gate 81 massachusetts,. and objection was maze ."
,.nc .xorn as g witness in the case On eceoa'' u
=. .fr,oen descent and this sui; being between WIN"
- s,.,aeps Of the State Of Virginia the counsel
o,nn d.i then ard there insist that any coorei
,..er or rerson from Massachusetts was eompethn'
ss. in civ suit IN the Civil Courts Of Virginia, In
a,eb white persons or citizens only are parties Put
A. Court did then and there decide that SAID Israel
pursey being negro, and this being suit between
vas,e persons exclusively, that said 1srrei Dorsey
saehough citizen and resident Of Massachusetts COMO
Ao ~ sworn ss witness Ia the case he beng negro
end as such not competent witness ior n sseins'
VAite persons ~ the Courts of Virginia, to which de
sicR Of the .sa Conrt the council Tor the plaintiff dd
ben and there except aud the plaintiffs sttorne! u'd
AeR and there tender this his Bin OF Exceptions TO 'he
xa ruDgs and decisions OF ssid Court for 1he Ooui'
10 agp which is accordingly done, the day AID year
above written"
The aoton Of the Cour. in this Is the same RS
et Of all tho State Courts and magistrates In regard
- The admissblitv Of colorod persons 70 witnessed,
sse OF fee residents OF the State from any other
6ssse in any esse oivn OF criminal in which white
kesen Is party and il based upon that provision II
Ae code OF Laws Of Virginia which declares negro
- Indian shall be mpee1t witness tho coso Of the
oonmonw saith for ageins negro OF hGlan OF IN
emil 10 which only pegrocs or Indians are pSrtics
bs bot IN sny other case" This law has not been
ppesled or altered at either VI the three sessioas
avs General Assembly OF he restored Government
q Virgins SO called held since tie breaking on: Of The
Rebellion and tie Constitution OF the State o5Fr'
Skaa adopted by the Convention which assembled 1T
Alexandria on The 18th OF February, 1864 lie sObt upon
DC principle iavc!ved. II was proposed IN the Con
Seutop TO insert Section IS u the Consultation tet
% Testimony shan he excluded f0n any cQG-t of the
csmonw eal;t account o. the color of the witness
bs the proposition received only Gree votes IN IL ~
sss one Of which was hat Of 8. Ferguson Beach, vi
.Ais1andria tie Attorney for tho defendant N he
Courts themselves have besn suppressed in Nor
vsB under the military administration Of General
Bs.eI. and in all Tie Military coar,s h'ld Ia tic State
~ IL the United States Civil Courts there M no die
fsetioa made to the a.Fabi.y OF Testimony ON ac
ssnt Of oe,oI but IN the County ol Alexandria and a.
sew fthe counties where have prevailed ard
CIVIL Courts Of tho State have been allowed 10 he insu'
sss che provisions Of this hw AID obers Of similar
IA se.a -
md born Of he'll with lelsisnCy and riao and seeh
snfcid wIong and oppression 70 the coiored man M
- y aloud for remedy ard not merely the cecasiond
tsaerserenee Of The ralit y sathor',ies.
Tie eese Of Graz seains Howard viii II necessary be
aaAen 20 the highest Court Of RE sse, aud thence b.
whit oferor eer Huni decision 10 the Supreme Court
II the United Sa,es upon tie constitutional questions
tsycived; but in the ms6DtIe isIaei Dorsey, Yhcse
testimony rejected. has flied HE Bin Of Complaint
b HE own name in III Circuit Court CT the UIitsd
saates FOR the District O.: Virginia sgnst the Aieaan
Aria Comfy Court, fcr writ o. .sGrdanus 20 b
directed 10 that Court commanding them
Ast 10 reject OF refuse h.s testimony a. &
witness In the case OF Graft against Howard. for
any Of the rossOns under tie proten "a ~
stated in the bill n exceptions IN that caso Also
kTt of ajsHction 10 restrain tie Alexandria County
CoaI: froII Rejecting refusing 70 receive BIN ~
VINCE N 'fh' cSae uit TIC 2nLling N OF trs arVeI
10 the bin Of complaint and the decision u tie coa for
tAs writ If nannss prayed fcT in the bin. The com
piainant Dorsey claims that citizen Of hasssehu
ssts and under thu claaso Of tho Constitution Of the
VakSd statss which declares that The citizens Of each
sate shall be entitled ali Sic privileges and nnuni
ys Of oi,,en6 " the several States" that he has the
barae and AZ equal tight 20 be sgoYn a. e witness
q the State Coprts Of Virginia ~ the white
ffizeDs Of that State subject only TO tie d!ssb
ts and that denial Of thin right TO aim the County
court Of AieJsndria. was positive wIore end s..ev
tnce violation of substantial s1bstantve tight 80.
cared 70 him by the Constitution " the United States
which in Lila case may be enforced che United States
Circuit Cart The iulicia, power Of the United States
~ The Consultation ertonds TO all ossos between oti
srns Of toe different 5tates and Judiciary sct OF
s7ee gives tie Cironit Coart original jur.saiction
Add concurrent ~ith the State Courts In sunh
casoe and power 10 issut all aoessary 70 the e1eY
tse Of he Jurisdiction and sgr1caby to the prnoil es
and nscgss OF law corporation, II all IFS merabers
are etisens OF anof.er gtlte OF q Court Vi another
tstt. may DO regHdeass citizen in The sense r.ocs
sny u give The United States Circuit Court original
3arisd elton a. between cilt1ens Of different siate.
There rot having been any Circuit Court OF tie
United Ststes for Virginia In session since the j1esl
eng cut Of .e Rebellion The ooI ainan. Dorsey prs
Dsts his petition " lie Honorable Jcln U.dcrwooa or
Fudge OF the Cn..ed States District Court for The
Eastern District OF YirCna fu the advance o. TIE
writ Of Injunction rn the Circuit Court prayed for n
me biz u complaint. not ~ extend beyond the
Ssrm OF tie circuit Court.
ny tie &C. OF Congress, March p l793 wits Of in.
Erection sy BE- granted ~ any lcdgs Of tho Supreme
Court or Circuit Court ttpt may 10 GRANTED L. Ho