The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-05-11
Chief Justice Chase's Opinion in the
Caesar Griffin Case

We surrender a large portion Of our space
this morning to the interesting ana ingenious
op.pion OF Chief Justice CHASE On the Zist
OF November last we said 10 the Sfa'e 'onTa0!'
USpgRwoop's organ, ono man Win 'hFee
"grains OF sense supposes that UNDERWOOD mas
"auy right to pass upon The title OF SHsFPEf or
"any other Judge 10 his office" We felt coni'
dent then that Mr.. CHASE would correct the
hlpndersof the miserable incompetent whom
Mr. I1scoLS's good nature placed npon the
bench of tho United States District Court In
this State We never supposed It possible for
any man trained in the legal profession no.
nestly TO sanction such a decision as UNDER
,voon rendered In the C.ssAR GRIFFIS case.
MIR. CsAsE's opinion is a long one. rs we
have ALREADY said-much longer than any
body's respect for USDERwooD's previous de.
>cision youid have demanded from the Chief
Justice. But the learned gentleman knew
that 1t would be read not only by lawyers, for
whom much Of IL is not intended, but by
many mere politicians and other people not
familiar with the presidents. His arg1umentuns
ab inconrtrienti is Of itself conclusive, II such
An argument could ever be conclusive. But
all that WIS really necessary in the case is con-
tanned In the following little paragraphs 1t the
end or the OPINION
"This subject received the consideration OF
the Judges of the Supreme Court at the last
term with reference 10 this and kindred cases
in this District, and I am authorized TO say
that they unanimously concurred IN lne
opinion that person convicted by n jury, ana
sentenced liz court held by Judge de Jdcto
acting under color Of Office, though mol Ge
j,,re. and detained in custody in pursuance OF
his sentence. cannot be properly discharged
upon habeoS corpus ~,
alt follows that the order Of the Dis
trict Judge must be reversed, and that the pc
titioner must be remanded 10 the custody OF
the sheriff Of Rockbridge county"
This, It will be observed, covers the whole
ground, and shows that all the previous por-
ton Of the opinion was unnecessary Inc
entire bench of the Supreme Court Of the
United States have decided that whether the
constitutional amendment operates proprio
yjoors or not,-whethcr Judge SuErFEY was
rightfully in office or not when he sentenced
CAsAR GRIFFIN TO the OBSERVATION-DISCLOSURES
remedy is not by writ of haIeaS corpus. This
is the point that we tried to make UNDERWOOD
and his humble followers in this city under
stand last year when the case was before him.
What must the followers be whose leader is
UgpERwooD
We have said that the two paragraphs OF
the Chief Justices opinion which we nave
quoted above would have suGiced TO settle the
law of the case. Yet we are far from under
yaluing the rest Of the opinion, whilst We
deplore that demoraliZed condition of the
public mind Of the country which compel5 q
Judge to argue such n case nj such length
MIR. CHASE shows clearly that long after the
decision in the CESAR GRIFFIN case was pro-
nouuced Congress itself recognized Mr. SHEF-
Fly rs jrdge, and continued him in office for
thirty days. In fact, he proves that Congress
Itself must act IN order TO the enforcement OF
the third section of the fourteenth article. 1t
would never do TO assume that certain parties
are guilty Of the offence named in that section.
And 1t would not surprise us if it should turn
out in the end that the highest judicial tri-
bunal In the country will hold that man
must have been convicted of this offence in Il
court OF competent jurisdiction before he can
be deprived Of an office for and on account OF
that offence. But this is mere speculation.
Mr.. CHAsg's reference TO the restored State
government OF Virginia is consistent with his
record He was himself member of Mr..
LIScoLS's Cabinet when that State govern
ment was recognized, and it was his influence
that oyer-rode Attorney General BATsss
opinion and induced the Cabinet TO dismember
Virginia.
The references TO the acts of Congress are
guarded. No opinion is given which commits
the reconstruction acts.
We close our few hastily penned comments
by recommending this opinion to the attention
Of the general public. 1t is well worthy OF
the pcrusal of every man in the community.