, 1869-05-13

JUDGE CHAsE.s DECISION

THURSDAY, MAY ii, lsi".
JUDGE cHAsE's DECISION
Thief Jnsdce Chase isholding session Of
the United States Cont at Richmond, W.
yinia, and. as nsna., tho most u his ti,nc III
occupied in reversing the siecisious Of the
e,rstic Judge Underwood ul that district.
1t will he remembered that when FuKinia
Hlopted the secession ordinance in the
spring Of 1851, the people If the western
1art Of the State refused 10 recognize it,
'ILe action If the Statc Convention
WIS rcpnliate,l. In the meantime,
Lesehrr. the Governor, aud the State
authorities generally, united with the Con-
fedtracy. and J,.it. Davis transferred his
government Il. Richmond. In the winter
of l>',f-:.. It htirg impossible to hold u
sc>si"n uf the loyal Legislature in Rich
tnou,l, the r.e:Eleys elect from tho weatern
couuti-a assembled in Wheciiag, and there
~ themselves 10 lie the Legislature Of
A4+s +'''t'' 'ons. T. >'.tA,ai wns elected Gov
crror. MD john S. CarIla.r --., " T
Wiley seat to tho Uuitcd States Senate to
haEh ont the une1pired terms Of Hunter
md Mason, VII" hal been formally expelled
ly the Senate. The Government Of the
United Suites, in AN isa departments. nc
oguized this Legislature and Governor AZ
The government oi the State of Virgins.
Subsequently the proposition to create the
ssate IF West Virginia was made. and it
WAS agreed to by Congress, this Ranle Legis-
lature giving the assent Of The State thereto,
~ reqnired l,y the constitution.
The seat Of government Of the old State
WAS then removed to Alexandria, vhere it
continued until the fall Of Richmond, when
it Hns transferred TO TINT city. During all
these proceedings, part Of which was tho
appointment of Judge Underwood as the
district Jntige of Virginia, tho recognition
q! the State Government hy Ill branches VI
lLr National Government Was uniform and
unl,r'kcu. lu the e1crcise Of its functions,
tins State ti"rrrnsncat appointed certain
men to perform certain ofticinl duties. and
among others n number Of State Judges,
These Judges, in the discharge If their oM-
ci.l duties. held coarts, and, in caaos of cun-
vactiVn for crimes, sentenced the convicta
to the punishment provided l,y law. 6uh-
s.Iueutly Congress passed the Fouftecnth
A'he'''''ler' 10 LUG CONSTITUTION o'a'
inning eeFta1n dlsqnaHneahons, which
Applied 10 in''t 't' the per+'ns holding Office
ns State Judges; md some months after that
anens"sn. s ~, nna neen aaiy M la'ned Congress
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AsoeA's
- -. .,,14, As nv NV "'IAtess' "
" et'ln'1'a1S were hesu" 1nS aec.ssa's
way h'n eoooaea 10 1nslV1aaA acts done
n''er me adoption Of tile anendment. hut
during thris terms 81 o'hce; for ho held their
appointments Illegal from the beginning
1he decision amounted 10 very Dearly q
general jan oe'iFefy. Inc gentlemen hold
ing Office ns State Judges, No matter how
ehe'hle at The time 81 their appointments,
*sfs neazI j. NOT ALL ot the class rendered
lheis'ole " tue fourteenth Amendment :
e'ul h'E that disqualification cOillA b. dated
buck sd as 10 invn1idato their julicial acting
isef"se its passage, it ,en,uinea for the brill
limit ee1ins of Judge Underwood tn di.
rover OF course Judge Cnase had Il
rvverse this remarkable Judgment and re
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Law Nt~i1AoAA ~ s@Ao ~-A~A "NAs%-SS' ~e1"'3