The democrat. [volume] (Weston, W. Va.) 1868-1874, 1869-05-24
The virginia Judges.

The Virginia Judses-
The Chief Justice Of the Suprem.' Court
Of the United States. in the Griffin and
Jstor Phillips, ha. affirmed tho Judicial
acts of the Judges Of Virginia labsrine
under the disabilities created BY the l4tli
amendment Of the Constitution ofthe Uni.
ted States. we give below synopsis Of
the cases: .,..-
Tho Chief Justice read the opinion Of
the court, holding that State government
had been recognised all during the war By;
Congress; frss At Wheeling, and then at
Alexandra, The action efthat govern.
mest in dividing the State had been rec
ognized by the Federal Senate, and Scna-
tors aud Representatives elected under
that government had been allowed seats
in Congress. It was under that govern.
,ncnt tia. Shelley had been appointed, and
he was. therefore, legal judge as far az
the State government was concerned.
The question now came up whether he was
ineligible, and whether he was absolutely
removed by the operations sfshc fourteenth
amendment. The United States district
judge had decided tia, he was but in All
examination of questions Of this sort great
attention is properly paid to the argument
Of inconvenience, aud construction which
must necessarily OCCASION great public and
private mischief must never be preferred
to construction which will occa.ion
neither in so grca, degree, unless the
instrument absolutely require such con-
struction. The opinion here shows tue
anarchy which would be produced in q
State BY declaring pas. legal proceedings
void. G'-s.5 ssig
1t then considers the character and ii :
tent Of the third section Of the fourteenth
amendment, which are declared to DO prim-
tive. 1t is clearly against the provisions
Of the Constitution, which deny TO The Leg
isla.urc the authority and the power to
deprive any person Of life, liberty, or
property without due process Of Law. or to
pass er post taeto laws. and these, il there
were no other grounds, are reasons for
seeking another Interpretation Of the
amendment than that asked by the prison.
cr's counsel. The fourteenth amendment
is not sclf-cnforcins, and needed further
legislation Of Congress to enforce il; and
two months after the judgment now being
revised was delivered, Congress passed a
joint resolution providing for the removal
Of all ineligible officers showing, tia. per-
sons then holding office were held to be
dc facio officers, and also providing the
means for their removal by the military.
The Court said the Supreme Court had
unanimously concurred in the opinion tina,
. prisoner sentenced by judgede tarto.
though not judge ele jure, could not be
reached by labens corpus. The decision
of the District Court was accordingly re.
verscd. and Caesar Griffin was remandcd
to the State authorities.
In the United States Court this morning
Jcter Phillips, under sentence to be hung
next Friday for the murder Of hi. wife,
was upon habeas corpus re,nanded TO the
State authorities. Oh the ground that he
was sentenced before the PRONUNCIATION Of
the fourteenth amendment
Judge Chase heretofore decided in the
Richmond Circuit, that Confederate
contracts were equally binding with
other contracts. These two dcci,.
ions involve important principles, and
were doubles, rendered af,erlfull confer.
cnces with tue other Judges Of the su.
preme Court. IT,