The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-12-04


he State nSs among those powers. 10 me
or, COT as.mpt {, prison for cont umacY, en-
cree fheobseryance OF order, &C.. are pow
spa which cannot be dispensed with IN
,ourf. because tl1ey are necessary to the eA-
srcise oil allkotEers, and so far our
coutts. no douhs possess powers not inme-
[liately deri-ed from. statute hnt all zexer.
else Of criminal Jurisdiction in common:
Ihysyeases. We arc OF opinion, is not within
their fmnlied powers There. Is no ask 81
CONGRESS which makes the act with which
fine men taken possession OF by Judge
Riyes are charged crime. There ID NO act
Of Congress which fafiixes any punishment
to II. The only act OF Congress on the SUBJ
iec4 ia the one, which directs Judge Rives
fotry the question whether or not there has
been a violation Of, the laws OF Virginia,
and directing him iii, 1t does so) TO enforce
the penalties denounced blythe laws OF
Virginia ugafustsuch violations OF her laws.
This it is not within the p0werot Congress
to do. .,l,.E ~ 80 = -.
Ills true that the Constitution provides
that the judicial power of the United States
shall extend to all cases arising under the
Constitution. But the Constitution also
leaves to each State the enforcementthrough
her own tribunals OF her criminal laws, the
protection OF her own peace, the ENFORCE
ment of her own police regulations; always
subiect TO the supervision Of The Federal
Judiciary where complaint Is made that her
laws are being enforced. in violation OF the
Constitution Of the United States. And the
grant OF this judicial power must OF neces-
sity be construed with reference to the re-
seryation by the States OF the right to en-
force through their own courts their laws
Of criminal procedure. AS the right to en-
force their. own criminal laws is reserved to
the States, aud as the judicial power OF the
United States must extend to, all cases
arising under the Constitution. 1T follows
that there can, be but one way OF making
the judicial power of the United States eX-
tend to the matter of enforcing States
criminal laws, and that is by appellate pro-
ceejincs, where the matters OF law involved
are alone considered, or by ha6eas corpus
proceedings, in which the parties prosecuted
are discharged from custody. .'h
Upon another wholly different ground,
but in direct support and Illustration Oh the
grounds Thave discussed, Judge Rives IS Tor
hidden by the Constitution to takethat prs
oner who stands convicted out OF the custody
of the States officers. The seventh amend
ment of the Constitution OF the United
States, held by the Supreme Court to have
been intended rs n limitation upon the pow
ers OF the Federal Government alone, pro-
yides that " no fact tried by jury shall be
ot herwise rreXamined in any court OF tue
United States than according to the rules OF
the common law" This amendment be-
came part OF the Constitution In, 1791, I'M
mediately after the original Constitution
had been adopted. 1t was the result OF the
general apprehension excited throughout
the States that, by virtue OF the appel
late jurisdiction which the Constitu-
ton gave to the national courts, everything
done in the courts OF the States might be
oycrthrown,. according to the hunors OF
those who might chance to constitute the
national courts. Thc subject is fully dis
cusspd by Mr.. Hamilton in the eighty-Second
number OF the FederdtiSt.
Therefore the Constitution was amended
80 as to provideythat no fact once tried by q
Jury should be reGxamined otherwise than
according to the course Of the common law /;
and according to the course OF the common
law, after 4 jury has once passed upon 4
fact in a court which has Jurisdiction OF the
subject, their verdict can be inquired into
in no other way than by writ OF error or
appeal. 1t in terms excludes the power OF
any Federal tribunal to examine into and
60 behind the verdict OF a jury rendered in
Il cause OF which the court had jurisdiction,
in collateral proceedings; combining It's
power in that behalf solely to proceedings
by writ OF error or appeal. And tie
very act under which Judge RiYes is
proceeding has been declared by the
Supreme Court to he unconstitutional and
void, so far as it authorizes the circuit
courts of the United States to examine into
and 60 behind the verdict of jury. See
The Justices Us. Murray, 8 Wall, 274. See,
also, Wetherbee Us. johnson, II Mass, 4l2.
No one ever disputed the constitutionality
of The hd6eas corpus act OF Congress, autho-
'rizing the circuit courts to discharge any
one from custody held in violation OF the
Constitution Of the United States II the per-
son stood convicted Of that which the Con-
stitution of the United States did not permit
the States to make q crime. But where the
Constitution Of the United States permits
that to be made crime for which the pris-
oner has been prosecuted. and the only COM
plant is That in the course OF the trial the
Judge who presided did not give the prison.
or the benefit OF all his rights under the
Constitution OF the United States, the re-
dress, and the only redress, is by way OF
cACCIttUu ~ VIC vi thS jung ehe
writ of error to the Supreme Court Of the
United States through the highest court Of
the State.
I conclude, therefore,.
First. That under the Constitution OF the
United States negroes have no right to de-
mand that iuries for their trial SMALL con-
sst in whole or In part Of negroes.
Second. That il they had, the United
States circuit courts have no jurisdiction TO
tako them, after conviction OF crime which
the Constitution OF the United States per-
mitS the States TO prosecute for. out OF the
custody OF the State courts; that their
remedy is to 60 regularly by appeal or writ
OF error through the highest court Of the
State to the Supreme Court OF the united
States. So '.''"
Third. That the United States circuit
courts have no Jurisdiction to entertain
prosecution for violation OF the common
or statute law Of State.
Fourth. That Congress should at once In
vest the Supreme Court with power OF pro-
hlbition in every possible case like the pre-
sent. .-'
This has been written and Is published in
no spirit of unklpdness towards Judge
Rives. II believe that hehas made his ruling
without having his attention called to the
principles involved in il, and that he Will at
once, upon due reflection, reconsider Ills
action and recommit these men to the Gus
tody of the officers OF the State. ..r. ..a.-
.i"'.. WILLIAM L. ROYAL.
Mr.. Spurgeon has declined to accept per-
sonalIy the gift of S25;000 which his con-
gregatIon is raising to commemorate The
completion of his twenty-tifth years work
30 E,rt