The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-08-29
A Practical Illustration.

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A Practical Illustration.
Rpurinc the session OF the Constitutional
Convention Of 1850 in this city, PROPOSE
.ion was made in that body to allow justices
Of the peace to Have jurisdiction in cases in
,volying not more than fifty dollars. The
late JOHN NJ. Boris opposed it, on the
ground that its adoption would be viola
ton of Article VII. Of amendments to the
Federal Constitution, which article reads as
follows
"In suits at common law, where the value
in controversy shall exceed twenty dollars,
the right OF trial by jury shall be preserved
sc.
To Mr.. BoTTs's mind it seemed plain that
this article would be-xiolated by an article
in the State Constitution providing that jus
tees of the peace might give Judgment for
over twenty dollars without having had the
verdict Of a jury to base the Judgment upon.
The best lawyers in the Convention assured
him that the article in question applied
only to Federal courts; that State courts
were not bound by it at all. He was man
of his own head, however, and would not
take their word fer it. He therefore wrote
to DANIEL WEBSTER, who informed him
that he took wrong view of the matter.
This very point was again decided at the
last session OF the Supreme Court OF the
United States in Il case from Louisiana, IN
which State the law allows the courts to
give Judgment for sums over twenty dol
lars without the intervention Of jury.
A case was taken I'D on the identical point
made by Mr.. Boris in the Virginia Conven-
ton. The Supreme Court says OF this
point:
$50 far as we can discover from the re-
cord, the only Federal question decided by
either one OF the courts below was that
which related to the right OF Walker to de-
mand trial by jury notwithstanding the
provisions OF the act Of 1871 to the contrary.
He insisted that he had constitutional
right TO such trial, and that the statute
was void to the extent that it deprived him
OF this right.
"All questions arising under the Consti-
tuition OF the State alone are finally settled
bv the Judgment below. We can consider
ONLY such as grow out OF the Constitution
OF the United States. BY article OF the
amendments it IS provided that 8 i'll suits at
common law, where the value in cOntro-
versy shall exceed twenty dollars, the right
OF trial by jury shall be preserved This,
rs has been many times decided, relates only
to trials in the courts OF the United States.
The States, so far as this amendment is con-
cerned, are left to regulate trials in their
own courts in their own way. A trial by
jury in suits at common law pending III the
State courts is not, therefore, privilege or
immunity OF national citizenship, which the
States are forbidden by the fourteenth
amendment to abridge."
We cite this decision for the special i'll
structon Of the Cincinnati Commercial,
which deems it the duty OF the Federal
Government to send troops into the several
States to enforce the right Of the negroes to
vote. The fact that all such matters belong
exclusively to the States cannot find lodg-
ment in that Journals head. Like Mr..
Boris, it quotes the very words OF the
troycrsy with MELANCTHoN and others, it
relics upon the dead letter OF the law.
The Federal Constitution says no
State shall deny or abridSc the
right Of citizens Of the United States to
vote. The Commercial, by sQme process OF
reasoning, arrives of the conclusion that this
gives Congress the power to pass Il law pun
ishing persons for trying to Keep negroes
from exercising right which the State nei-
thcr denies nor abrdges. The requirement
OF the Federal Constitution is fully met by
the State, which does not undertake to do
either OF the acts forbidden. On the con-
trary, Its laws provide that every such citi-
zen shall vote. The requirement, we say, is
fully met Yet the Commercial thinks that
the President has the right to send troops
into that State to see that fair election is
held. 1t says:
"Now, it is not Il question how the negro
shall vote, with us. II he chooses to vote
for the Democratic candidates, that is his
right, and he should be protected in it, and
protected by the troops If necessary. 1t is
a question whether, il he wants to vote for
the Republican candidates. he will be per-
United to vote at all. The order Of the Sec
retary is intended to protect every man
in his right, whether he be black OF white,
Republican or Democrat. 1t is to assist in
securing an open, fair, and full expression
of the people ut the polls, and not to dc
Drive any one Of his ballot or unduly inter-
fere with mis- priyilege."
Just so. The Constitution is to be Nio-
lated that the negro may vote. Evil is to
be done that good may result. The Consti-
tuition guarantees that man shall have
Jury trial in suit for over twenty dollars,
and General GRANT intends to sec that this
provision is enforced. The Commercial can't
ser that the RIGHT to send troops into State
to see that fair elections are held is the same
thing rs the right to send troops into State
to see that anfair elections are held. Bet
ter a thousand times TINT few negroes, OF
few white men even, should be deprived
OF their votes in State or two than that the
whole OF this country should be reduced to
the condition OF military despotism. The
white voters have the same right TO protec-
ton which the black voters have; and Gene
raj GRANT ought to send troops ii any
where to Pittsburgh, Cincinnati, Lowell,
and all other manufacturing centres where
white voters are. compelled by their
employers to vote the Republican ticket.
SO troops ought to- be sent to all the navy
yards to prevent the commanding officers
from compelling all the workmen to vote
the Republican ticket, In the case OF GooDE
rs. PLAT it. was: proved that the workmen
at the Portsmouth nayy-yard Were watched
and made to take, ballots with PLATT's name