The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1873-12-18
An IlnportaKt Decision.

An Important Decision.
A, the recent term Of the United States
District Court at Abingdon, Judge Rives
rendered decision CT such great Importance
and Interest, that we regret his Homer did
not preserveit in writing fer future refer
ence. The case was novel ore, having
pever before, that we know OF, been before
the Courts and involved the scope Of the
Fourteenth Amendment, and the rights Of
citizens of the United States The Grand
Jury, had presented an indictment drawn
under Section Of The Enforcement Act, Of
May 80. 1870. charging Henry G. Barnett,
- ohm T. Howe, Paris Shall, j. Il. Lsksidge
and others with having banded and conspir-
I'd together, ETC., Gin the language of the
Aes,) "with intent to prevent, hinder and
istimidate one Adam II. Flanagan, citizen
Of the United States and of the State Of Vir-
GINA, from exercising and in exercising a
right. privilege, and immunity granted and
secured by the Constitution and laws of the
United States, to Wit: the right to worship
God according to the dictates of his own
conscience, aud the free and voluntary sup
port, maintenance and erection Of any
church or ministry"
The case came up on demurrer to the in
dictment which was argued at length by Col.
John j. Wade and Arch A. Phlegan for the
Defendants, aud Col. Frank j. Bramhall,
Asst U. s. Attorney, (who drew the indie
menC for the United States. The chief
grounds of the demurrer, were that relg ious
liberty was not ia right, privilege and immu-
nifty granted and secured by the constitution
and laws of the United States" and that the
State Courts alone had jurisdiction, which
points were well met by Col. Bramha!l in an
argument of considerable scope. Judge
Rives next morning overruled the demurrer in
4 decision of some length, pronounced by
the best lawyers present, to be one Of the
clearest, ablest and m est logical pronounced
by him, and which it is impossible to do JUS
tiee to in SO brief summary as our space
eompels.
The Judge first considered the question Of
who and what are citizens Of the United
States, and showed that under our constitu-
tion prior to the adoption of the Fourteenth
Amendment, citizens were primarily citizens
Of the several States, and the phrase, "citi-
gems of sho United States" had but an un-
certain significance. Neither the courts nor
the books agreed as to the qualifications or
the rights of "citizeps Of the. United
States" This situation was radically chang
cd by the adoption OF the Fourteenth Amend
sment which made all citizens, fest citizens
of the United tatss, and then also citizens
in the states in which they resided, declared
their qualifications and secured to them full
protection in all Of their "rights, privileges
land immunitiies' This protection was the
reciprocal duty owing to the citizens from
the nation in return for support and allegi-
ance, and was fundamental principle Of
government. Then taking up tho second
branch of the subject the Judge stated that
under our liberal and progressive form Of
government the largest individual liberty and
protection of human rights, both national
and, political was accorded to the citizen -
These fundam entail, individual and humsn
rights, priyies ss and immunties belonging
Ito the citizen he thought were better set
forth in the Virginia Bill OF rights than any
other document, and to that he REFEREED
OF these none was higher or more sacred
than religious freedom and liberty of con-
science In tho FREQ and voluntary exercise
ref all the rights, privileges and immuni-
tics, the government now owes and guarantees
protection under our amended constitution.
IT 9 scis passed by Congressto enfo &c these
newly incorporated provisions. pay particular
attention to the right of suffrage; that right,
by reason of the sentiment existing in a
large portion of the country toward the new
lily eufranchised race, being the one most
likely to be affected and infringed But in
addition to this, care vas taken to provide in
these acts for the protection of the citizen
in all other rights. privileges and immuni-
ties when invaded or attempted to be inva-
-dsd by conspiracy between tao or more
persons. Thxs far, aud thus far only. had
Congress gone Though it had clearly the
fright TO go further. The Judge sustained
all the points advanced by Col. Bsamhall, in
his argument, and oyesruled the demurrer.
At the request of the counsel for the de-
sensc, an examination was ordered before a
u. s. Commissioner, and this will be had
6efore Commissioner Watson at Christians.
sbarg, on the 18th inst, whsu Captain Aurty.
<the District Attorney, is expected to To
,prcscnt to represent the United States.
We give brief synopsis Of the speech OF
Hen. A. II. Stephens, OF Georgia, On the
Pay Of Congressmea, &C., on our first page
We think his views are eztra,agant, and 90
way beyond tho limits of reason. 1t is.