New-York tribune., 1867-03-06
VIRGINIA.

THE LATE ARREST on TIIE COURT OF MAGISTRATES
FOR \ VIOLATION oF THE CIVIL RIGHTS BILL
NORFOLK. March 1.-The feeling Of indignation
among many Of the leading citizens of Norfolk which
was suddenly aroused 10y the arrest of five nagis-
trates OF the Corporation Court, who bear highly
creditablc and worthy position in the community.
has quietly suhsded, and an entire acquescence in
the decision of Commissioners Foster IS manifested
throughout the city. The journals OF the city some
what unexpectedly, have abstaned from that bitter
spirit which usually chaIacteIiZcs the Southern press
when questions have arisen respecting the legality OF
certain acts Of the present Congress and have seemed
content with descaning upon the character of the
almost unknown complainant IN the case. M j. 4.
Jones, who made the deposition before the L. ,.
Commissioner. The opinion Of Commissioner Is. u.
Foster, which was read yesterday morning al the
final hearing of the case ~ spoken of very avOIaby
even by the most bitter enemies of the bll and the
local papers award TO him an mpdrtiallty and lenl-
cncy exhibited under the circumstances which they
hardly expected from the grave nature OF the oilcnsc
The Commissioner opened his opinion IN Iemarhino
upon the unpleasant character OF the duty ho was
called upon to perform, III consideration 0l the per
sOna and social worth 10 which the respondents are
entitled, and though the claim will be allowed he
recognized only the duty deyolyed upon him by the
requirements OF his office. lie then says:
mary lie espoudents sttiu as the Court of the Cor
pOIatloD declined 10 admit certain coOred persons 20
testify III an examinaOntIfndng before them, oiIone
was argued 20 the Court (Which mention. illustrating
nredcaic1 that the statute of Virginia m relation 10 the
testimony of coOred persons does not authorize them To
appear witnesses similar to that then at bar
bat the act known az tlr Cvil Rights bil, although
fcrred 10, was not produced or called for and
that the Court assigned no reason for lis decision.
II also appears that thc evidence excluded wOnld not
II admitted, have varied the result OF the investigation
and that the complaint In this case is not made by or ~
the instance OF the persons whose rights alleged to
have been mfIiugcd upon"
He rccitcd the various points Of law bearing upon
their Ofiense, and with much feeling concluded ~
follows:
lam compelled 10 the conclusion that oiiensc has
been committed, and that the parties chargcabe with II
before have hut one course. TINS - by no
aggravated case, and the injury done The bcnc
fciaTes Of the Civil Rights bill Is remote andlndrec y
OF fewer circumstances indicative Of cy, fun In
CnatOn TO violate its provisions, where less DISPOSE
tOn to distinguish oppressiyely against coloed persons
manifested which should yet he within the puryicw
OF the bill hardly be imagined. If err IN what
have decided to do, / scOusoled 20 know that
my action but Introductory 10 that or another
tribunal where the questions that have arisen may
receive more thorough aud deliberate consideration.
Ordered, that Wm. w. Lamb, John L. Doyle, Samuel
Marsh, and Conway Whittc, each enter into rccogniZ
ance himself in the Of $500 each for their appearance
at the next term VI the District Court To unswcrtO in
dictments then aud there To he preferred against them
falling IN this TO stand committed"
The magistrates were then bound over 20 appear NJ
the District Court in May, they giving bonds in
$l,OJ-that ls $500 IN their own recOgnizance, and
800 each III two securities.