The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-11-18
TEST OF THE FOURTEENTH ARTICLE
THE GRIFFIN HABEAs CORP US CASE.

The hdbeas corpus case of Cesar 2. Grit
fin, which has attracted general attention
as affecting the tenure of office of nearly
oil our Virginia judges, and indeed Of many
other State officials, was called in the Cir
cult Court Of the United States yesterday
Judge Underwood presiding.
Attorney-General Bowden and James
Neeson, ESQ.,, appeared for the Common
wealth Lyons and August for Judge Shelf
fey, and G.. s. Bundy, Esq, for the petit
toner.
General Bradley Johnson stated that he
had been requested by certain members Of
the bar residing in Staunton to submit an
argument against the discharge Of the pri-
soner, and proposed to do so, either as ami
cas- c,,riae or otherwise, with the permission
of the Court.
The Court said that there must be some
limitation of the argument, but General
Johnson would be heard with pleasure.
After some further parley the counsel
obtained leave to Withdraw for conference,
and after some time thus spent, Mr.. Bundy
explained his position to the court. lie had
confidently relied upon the support Of Mr..
Chandler in the case, but as that gentleman
had not arrived he now found himself alone
and somewhat embarrassed. Judge Bond,
however, had kindly consented to assist
him, if necessary, in the conduct of the
case.
The Court said that Mr.. Chandler had
requested, by telegraph, q postponement
until tomorrow (to-day), but the Court
having already made one postponement did
not feel at liberty to grant the request.
Mr.. Bundy could at least open his argu-
ment to-day.
Mr.. Buudy, acceding to this arrangement,
begged leave to offer in evidence the Jour
nal Of the House of Delegates of Virginia
for 1649-'5O to show that II. ". Shelfey,
the pretended Judge of the Circuit Court OF
Rockbridge, was a member of the Legisla-
ture during that session: also the Journal
of lS6l-'62 to show that he was a member
Of the Legislature during that session, and
Speaker Of the House of Delegates, having
been the successor Of General kemper in
that chair.
Colonel August wished it understood that
while the respondent was willing that the
learned counsel should proceed as if these
documents were in court, he objected to the
competency of the testimony.
Mr.. Bundy then read from article VI,
section 8, Of the Constitution Of the United
States, which provides that all members of
StGtc Legislatures shall take, besides other
oaths, an oath to support the Constitution OF
the United States. The conclusive presump-
ton is that Judge Shefey took that oath in
IS49, upon the accepted theory that what
ever the law commands is presumed to be
done. He also offered the Code Of Fir-
siuia of 1860 Chapter l3, section II, page
1857, which provides that II any person
shall act as O. member OF the Legislature
without taking the oath to support the Con-
stitution of the United States he shall be
subject to q fine of not less than 500 nor
more than 81 900. He also offered the
Acts of Assembly of 1861, ordaining
Ordinance SD that wherever the words
United States occur in the Code they
shall be substituted by the words Con
tederdte States. From this the counsel held
it was to be presumed that all members Of
the Legislature were required to take aC
oath to support the Constitution Of the Con.
federate States, and he wished it distinctly
to be understood that by the documents in
troduced he intended not only to prove that
Judge Shetfey held Office under the COnfede-
rate States, but that he voluntarily took an
oath to support that Government, and that
while at war with the United States. FL
nally, he offered the ordinance Of secession,
passed by the Convention Of 1860. These
documents show that Judge Shettey, having
sworn to support the Constitution Of the
United States, afterwards engaged in re-
bellion against the same, thereby disQuali-
flying himself for the Office Of Judge.
Mr.. Neeson, in order that the position OF
the counsel for the respondent might be
fully understood, desired to offer few pre-
liminary statements. This is IN form a sim
pie writ Of hnbe0S corpus upon the allegation
Of the petitioner that he is unlawfully de-
Jained in the custody Of the sheriff OF Rock
bridge county in contrayention Of the Con-
stitution and laws Of the United States. In
fact, however, Caspar Griffin, the petitioner,
who is q notorious and convicted maletac-
tor, sentenced to undergo punishment Gor
his offence, makes an assault on the whole
judicial system, and, indeed, the whole
civil government of the State Of Virginia.
under the guise of a writ os hdJe0S corpus
\ case so novel and 50 grave requires the
most careful and patient consideration
which he had no doubt this court was dis
posed to give it. To the writ the sheriff ha:
made a return, setting forth that the peti.
toner is held in pursuance of conviction
of felony, and an order Of the Circuit Court
of Rockbridge that he be consigned TO the
peritentiary, which facts are verified b.
the production Of the record. This return
therefore submits plain, categorical, anc
sufficient answer to the writ, showing il
full the cause of Gritiin's detention. Il
seems that the verify of this return is no
contested, although under the act Of Con,
gress it is impeachable. "
Mr.. Bunly, interrupting, said he haC
expressed no opinion about the verify o.
the return. He claimed only that the pc
titioner was not convicted by legal court
and was therefore entitled to immediate
discharge. He was about to move that he
be discharged for the reason that ther return
is insufficient.
Mr.. Nceson was right, then. The couu
sci does not deny the facts, and the failure
to contest the verify of TIE return is con
cession of its verify. The legal conse
quences Of this concession are, Of course
subject for discussion. He maintained
that il is not only true in fact, but it is il
law conclusive, and precludes all further
inquiry as to the competency Of the court
Mr.. Bundy thought Mr.. Neeson was sta
ting it TOO broadly. Though he did not ob
ject to the verify Of the return, he did OBJ
iect to it in so far as it says that Mr.. Shef
for, !, a comDatant iuipn
Mr. Neeson, resuming, repeated that th'
admission of the verify Of the return pre-
sented an excluding bar against any in
quiry into the facts therein stated. Th
counsel maintains that he can go beyonc
,hat refurn and imDeach the nersonal ouali