Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1878-12-10
$tatntott Spectator.
TnESDAY. DECEMBER 10, 1879
Is State Power a Nullity?

Il OAAOA@e-A>>'~As II
Is State Power Nullity?
The exhaustive and very able review
of the recent decision of Judge Rives
by Mr.. w. L. Royal of the city Of Rich
mond discusses question which in inn
portance and magnitude has scarcely |
been equalled by any presented for the
consideration of the people of Virginia, |
and of the whole Union, since the War.
Judge Rives's decision strikes blow
at the Sovereignty of the State in all its
departments and functions. The ques-
ton of the right of Negro under Sec
ton GAL of the Revised Statutes (the sec
ton relied upon by Judge Rives in his
dsclsion) to demand a jury of his color,
when tried for any offence, has been suf-
ficiently met by Mr.. Royal in his arti-
Gle and there we leave it. 1t is suffi-
Gent on that point to know that if Judge
Rives issued his hdbeas corpus because
there were no negroes on the jury that
convicted the parties applying for it,
and that the failure to have them, show
ed an unjust and illegal discrimination
against them because they were me-
groes, by the Judge of the Court that
summoned the venire, he was none the
less guilty of the same illegal discrimi-
nation against the white men when he
declared that there should be negroes on
the juries.
If. the act above referred to e GAL Re
vised Statutes) be constitutional, how
eau it be enforced practically? Judge
Rives says that upon the filing of the
petition for removal of the cause, that
moment. all proceedings in the State
Courts were nugatory and that, too, even
if the prayer of the petition for hdbeds
corpus should be denied. But we put the
further question. If these negroes. Rey-
nolds') had killed every man in the
State of Virginia would they have bro
ken law of the United States, SO as to
give Judge Rives jurisdiction of the
case? The indictment ended against
the peace and dignity of the Common
wealth of Virginia." Whose dignity
and peace has been offended? Virgin.
ia's. Who is to vindicate it? Judge
Rives says the Federal Courts. We
ask why not the Courts of Massachu
sets? Or of Great Britain or of Japan
or any other sovereignty, than the Fe
deral power that has no jurisdiction o
tne case.
The Federal Government is one o
limited 'powers-powers delegated to i
in its formation by the States (the gran
tors of all its power and in the execu
ton of these powers it is all powerful
and the States impotent to prevent thei
execution. But "the powers not delegat
ed to the United States by the Constitu
ton, nor prohibited by it to the State
are reserved to the States respectivel,
or to the people," Here then afe tw'
concentric powers-each supreme in it
own sphere in power to enforce its owl
laws-n either able to execute or enforc'
the laws of the other, each powerful il
that of the other, and neither witt
power to intrude into the province o
the other except as provided for under
the Constitution.
If this be so, how then can the Fede
raj Courts interpose in these cases t.
vindicate the insulted majesty of Vir
ginia law when no such power is ec-
oressly given them under the Constitu
tion) without infringing upon Virgin
las peculiar prerogative of dealing witt
her own criminals under her own laws
Judge Rives says the proceedings ii
his Court must be dc novO. If so, 10y
what law will those proceedings be gov
erned? Will Virginia struggling fol
her rights be able to assert them ant
have the jury sworn, and empannellet
by her own law? Or will this Fedora
satrap have the Federal laws to govern
these proceedings? And how will the
verdict be entered up! ETC., etc.
The simple statement of the PROPOSE
ton is its own RECITATION. And if Judge
Rives shelters himself behind the act o
the Revised'Statutes(s 64li vindicatior
of his action, he must meet the cleal
and unmistaken fact, patent to the mos
casual observer, that it is unconstitution
al. This, however,is the most'charitabl'
construction to put upon his action
But if it serves no other purpose than t.
arouse the people of Virginia to proper
vindication of there rights under thu
Constitution. it may be worth much t.
them in checking the tide of centralisn
which threatens to destroy our free in
stitutions.
Hon. jeremiah Morton, a well known
Virginian, died at his residence in Or
ange county, in this State, on Thursday
week, in the S7th, year of his age. Mr.
Morton served several terms in the Fed
eral Congress before the war, was fire
guently member of the Virginia Leg
islature, and was also member of the
Virginia State convention which passed
the ordinance of secession. He was {
gentleman of many excellent qualities
and in his palmy days welded consid
cradle political influence.
The KENTUCKY WAR.-The Louis
vile Courier-Journoz says the whole
difficulty il Breathitt county, KY.
appears to be a family quarrel among