The New York herald., 1878-12-17
STATE RIGHTS INVADED.
THE CLAIM or VIRGINIA IN THE CASE OF THE |
coLoRED MEN TAKEN FROM STATE oFFIcERs |
BY ORDER OF FEDERAL COURT.

THE CLAIM or VIRGINIA IN THE CASE OF THE
CoLoRED MEN TAKEN FROM STATE oPFIcERs
BY ORDER OF A FEDERAL COURT.
RICHMOND, Va. Dec. 16, 1873
Tho Governor in response to the resolutions Of the
Senate calling for information in relation to tho
recent alleged invasion of the State Jurisdiction
by United States Judge Rves, to-day transmitted to
that body the records in tho case, accompanied
by opinions Of Judge Tredway, in whose court
the negroes (Reynods) werc triod and tho State At
torney General Judge Trcdway. caboratcly sets forth
his views in favor Of applying to the Supreme Court
Of the United States for . writ of mandamus
In conclusion he suggests the sdvisabiity Of
first presenting the case to the consideration
Of the Executive Of the United States, as he
says IL may be that the Department OF
Justice can take cognzancs and redress the wrong
He says:-"The interest and fate Of the unfortunate
prisoners make strong appeal to their humanity be-
cause the State cannot surrender her Jurisdiction
and only by force can be deprived Of it," Whatever
may be the result of the proceedings in the federal
court the parties will bc still amcnable to State
authority. Tho harassmcnt and imprisonment for
trial in the federal court will only be so much
to protrsct their punishment In addition to the
necessary proceeding by the state. But II the appeal
should prove unsyailng feel confident in the opn
ion ss sns can &c sr r~ ~ %
questions involved ne Is satisfied Of the truth of
the following Propositions
firsf-The right to be tried by negro jury Ia not
of the rights conferred upon the negro either
by recent amendments to tho constitution of the
United states by the act Of Congress known as the
Civil Rights bill.
seco,a-That offences against State law committed
within the jurisdiction territory of tho State
be, and only be. tried by courts OF the State
Third-That in such trials for such offences the Of
fender only demand to be tried other citizens
Of the State charged with similar offences tried.
Fouru-Thc criminal prosecution. which may be
removed from State courts to tho Circuit Court OF
the United states under section Gal Of the Revised
Statutes. must be ono in which some right secured
by amendment to the United States constitution or
the Civil Rights bill has been denied to tho accused
or cannot be enforced by him in state Court
Fyyt-The trials Of The Reynolds in the Circuit
Court Of Patrick county were made to conform In
every respect - the laws OF the State. They were
denied nothing which any white citizens could have
rightfuily claimed.
Concluding. Attorney General Field says:-n these
propositions true. then IL follows that Judge
Rivcs by color of his Office invaded the jurisdiction
Of tho State and her courts and has usurpcd power
% Ss o ba 70 n
the Western District OF Virginia This proceeding Of
Judge Rves is not only without law. but IL entirely
without justification excuse. The whole power
Of the courts of the Commonwealth from the Su-
preme Court Of Appeals down. has been thrown around
been wrongfully convicted the conviction hss been
set aside either by the Circuit Court Of Patrick
county or the supreme Court OF Appeals. II was
without excuse or justification another ground
TO with IL the accused entitled 70 negro jurors
for their trial when the Circuit Court overrucd their
motion to have such summoned q bill OF exceptions
could have been taken and the carried to the
Supreme Court of Appeals Of the State aud upon an
adverse decision by that tribunal could have been
taken TO the Supreme Court OF the Untef States the
tribunal OF Anal resort in all matters pertaining TO
federal rights and the questions involved would
have been settled by it's decision and all further
troversy settled.
The only remaining question to be considered Is,
What remedy has the State for the great wrong done
her? IL there is remedy for the state through the
courts u IL. think, by application to the Supreme
Court Of the United States Tor writ Of msndsmus.
confess, however. feel grave doubts about redress
looking alone 10 the courts. The absence OF plain
and adequate remedy for grave q wrong
can only be accounted for upon the suppo-
stion that the founders Of our state and
national governments did not suppose that