The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-05-14
acknowledgement
CESAR GRIFFIN CASE.
OPINION OF CHIEF JUSTICE CHASE
The validity of the Restored Govern
ncnt OF Virginia Affirmed.
The Effect OTIhe Fourteenth Amend.
ment.
A very Interesting Document.


Circuit Court of the United States, for
The District of Virginia In The matter
Of Caesar GT!0tn-PetitiO11 of Habcus
Corpus.
This is an appeal from an order oil
discharge from imprisonment made by
the District Judge, acting as Judge OF
the Circuit Court upon writ of hG6eGS
corpus, allowed upon the petition OF
C;e .ar Griffin. The petition alleged un-
lawful restraint of the petitioner, in
violation OF the Constitution of the
Y nlted States, by the sheriff of Rock
bridge county, Virginia, in virtue of a
pretended judgment rendered in the
Circuit Court of that county by Hugh
W. Shettey, present and presiding
| therein as Judge. though disabled from
holding any office whatever by the
| fourteenth amendment of the Consti-
tuition of the United States. Upon this
petition u writ OF hG6edS corpus was al
| lowed and served, and the body of the
| petitioner, with return showing the
cause of the detention, was produce
by the sheriff. in conformity with its
| command.
The general facts of the case, as
shown TO the District Judge, may be
briefly stated as follows:
The Circuit Court of Rock bridge coun
tY is Court of Record of the State OF
Virginia, having civil and criminal
jurisdiction. In this Court, the petit
toner, Cmsar Griffin, indicted in the
County Court for shooting, with intent
to kill, was regularly tried, in pursu
aEce OF his own election; and, having
been convicted, was sentenced accord
Ing to the finding of the jury, to i'm
prIsonment for two years, and was in
the custody OF the Sheriff to be convey
ed to the Penitentiary in pursuance OF
! this sentence. Griffin is a colored man;
but there was no allegation that the
trial was not fairly conducted, or that
any discrimination was made against
him, either in indictment, trial, or SEN
tence, on accounted color. 1t WAS not
claimed that the Grand Jury, by which
| he was indicted, or the Petit Jury, by
which he was tried, was not, in all re-
| 6pectS, lawful and competent. Nor was
it alleged thut Hugh W. Shelley, the
Judge who presided at the trial, and
pronounced the sentence, did not con-
| duct the trial with fairness and up
| TightnegS. O1e of tho counsel for the
petitioner, indeed upon the hearing In
| this Court. pronounced an eulogium
| upon his character, both as man and
as Il magistrate, to deserve which mig u
we'll be the honorable aspiration OftaEGt
judge.
But 1T was alleged and was admitted
that Judge Shelley, in Dscem Der, 1919.
AS member of the Virginia House of
Delegates, took AN oath TO support the
| Constitution of the United States, and,
also, that he was member OF the Leg
lslature OF Virginia in 1867 during the
late rebellion, and as such voted for
measures TO sustain the sO-called Con-
federate States in their war against the
United States; and, it was claimed in
behalf of the petitioner, that he thereby
became, and was at the time of the trial
of the petitioner, disqualified to hold
| any Office, civil or military, under the
United States, or under any State; and
IL was specially insisted that the petit
toner was entitled to his discharge
upon the incapacity of Sheffey, under
the fourteenth amendment, TO act as
Judge and pass sentence of imprlsOn
ment. Upon this showing and argu-
ment, it was held by the District Judge
that the sentence OF Cesar Griffin was
absolutely null; that his imprisonment
was i'll violation of the Constitution OF
the United States, and an order for his
discharge from custody was made &C
cordingly.
The general question to be determin'
ed on the appeal from this order Is
whether or not the sentence OF the CIR
cult Court or Rockbridge county must
be regarded as a nullity, because of the
disability TO hold any office under the
State of Virginia, imposed by the four
Ieenth amendment, on the person, who,
in fact, presided as judge In that court.
II NAV be- properly born in mind that
the disqualification did not exist at
the time that Shelley became Judge.
When the Iunctionaries OF the State
Government, existing in Virginia at
the commence ment of the late civil war
took part, together with majority OF
the citizens of the State, IN reDeIllon
against the Government OF che united
States, they ceased TO constitute state
Government for the Slate of Virginia
s,,I,y, Il ho rnRNDnIZHH 2nGn
the National Government. Their ex-
ample of hostility to the Union, how
ever, was not followed throughout the
State, In many counties, the local au-
thorities and m8jorities OF the people
adhered to the National Government;
and representatives from these counties
soon after assembled in Convention at
Wheeling, and organized Govern
ment for tie State. This Government
was recognized as the lawful Govern
melt of Virginia By the Executive ana
Legislative Departments OF the Ma
tIonal Government; and this recog-
milton was conclusive upon the
Judicial Department.. The Cow
erument of the State thus recos-
nized was in contemplation OF law, the
Government of the whole State OF HI-
Rinia; though excluded. as the Govern
ment of the United States was itself e1
cluded, from the greater portion OF the
territory OF the State. 1t was the Leg
islature OF the reOrEaniZed State which
gave the consent OF Virginia TO the loF-
nation OF the Slate of West Virginia.
| To the formation of that State, the CON
sent of its own Legislature and OF the
Legislature of the State OF Virginia, and
of Congress, was Indispensable. II
either had been wanting, no State with
| in the limits of the old, could have been
| coustitutioually formed; and 1t is clear
that if the Government instituted III
Wheeling was not the government OF
the whole State of Virginia, no new
State has ever been COnstitut1onally
| formed within her ancient boundaries.
| II cannot admit of question, then, that
the Government which consented TO the
formation of the State of West Virginia,
remained, In all national relations, the
Government OF Virginia, although that
event reduced to very narrow nmits
| the territory acknowledging its juris
dicrion. and not controlled by insurgent
| forca indeed, it is well known historl-
calIv. that the State and the government
| IF Virginia, thus organizs d, was recos-
nized bv the National Government
SENATOR'S and Representatives from the
state occupied seats in Congress-, an0
when the ipsurGent force which helo
possession OF the principal part OF the
| territory, was overcome, ana the Gov
eminent recognized by the United
States was transferred from Alexandra
IN Richmond, it became In fact, WnaG
| II was before in law, the Government OF
tbe whole State, AS such it was emu
tied. under the Constitution, 10 tne
same recognition and respect, IN ma
tional relations, az the GoverhLhen'O Vi
| anV other State.