The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-18
STATE RIGHTS INDICATED.
WHAT rs TIETED ~ TIRGTNIA As FED
ER.fL USURPdTION
Judge Rivcs Declared to have Invaded the
Jurisdicti"n of the state Courts Redress
In the state and National Legislatures.


Jurisdictiun of the state Courts Redress
In the state aud National Legislatures.
RICHMOND. Dec. 1G.-Thc Governor, in re-
for information in relation to the recent alleged
invasion Of IN" State jurisdiction by United
States Judge Riycs. to-day transmitted to that
body the records in the cnse. Tho records
show that Burwcl and Lee REYNOLDS. negroes.
wcrc jointly indicted and brought 10 trial in the
Circuit Court Of Patrick County. Va. in April.
ISIS. for tho murder ~ white youth Aaron
g. shelton The yeuiro summoned was COM
posed of white mon. The defendants moved
the Court To- summon special venire. to be
composed ~ at l-nst one-tllird negroes. This mo
tion was ovcrrulol. Thcreupon the defendants
prayed that the cause might b" removed 10 tho
Circuit Court " the United States to be- held at
nanvllle the ensuing November which petition
was rejected. After two trials. the Inst Of which
resulted in n disagreement by the jury in the
case Of Hurwcll Reynolds. and sentence Of
eighteen years for I.ac counsel for the defend
ants presented petition to Judge Rivcs. sitting
as Circuit Judge. aud prayed that he would or
der the defendants to be surrendered to the
United States Marshal upon a habcas corpus.
ana that the cases be- tried before him In his
Court. In delivering his opinion. Judge Rivcs
said that a negro had a right 10 be tried by his
peers. and that. therefore. Judge Trcdway vio-
lated the law of the United Statos in refusing 10
award summons for special vcnirr to be
rrnuoe"d ut l"Nst of three negroes although
there was no proof offered IN either court that
ia" White luryiucn wcrn AZ uil preludiced or in
competent His order in the case. after rocit-
INK that tho negroes had been refused their
cNil rights IN tho state Court. required them to
be- brought before the bar Of the Circuit Court
81 the luicd states upon huhcas corpus cum
causH, there To he triod hy u special Vpnire Of
whites and blacks 40 the neNt term uf the Court.
.
Judge IrodWay in whose court tho negroes
Wore tried. and tho state Attorney General.
supreme Court OF the United States for a writ
- mandnmus. hut suggcst'd the ACCESSIBILITY of
hrst lr,s 'uiiuE the ci,-" io the consideration
OF the Executive - the United States. ~ he
says v may Doe that tho Department uf Justice
can take cosni2nnrc md redress IN" wrong
Acknowledgement Field suys ha il satisfied
OF W" truth OBJ the following Propositions:
firt The i- to hc tried o., negro jury BE- not Of
i. r,ht. '"m,tr'd mon t1o negro race either D., re-
-. tt Use "'t q" 'o-tc'- AnnNn as the "'ivil Rights
,,' s.s;N ~, IN s. Gssg.' S9'c lay committed
auf tn.r ,'. tr'd Pos topf's 90 tiir S,i'r.
rin rnat snrh tn1is tnr -ne' offences The offender
en- ".f 90 ,ar' D., 'rl o, .r 'u1ons OF the STATE
I.T.fl e., ,-ii'ia.ri rro.s'n,i," which NAV 10 ri,
na,.i for, sac ,o,iris r., dia crc't rn"%@i ~ he
lnr.t state under 'cctnuUti ot the Revised statutes,
tltc tnii, stis cp,s,lfuiion or tc ,.,i R'shts hi
is toen urd the accused or cannot tc cnioreedby
rinn-rhe 'rtl. OF nc Republican, the Circuit Court
s.set t'e luWso ie sitfe Tu,v wcry denied moth.
ut which any White ct.,en. could have u4htiully
claimed
In conclusion. the Attorney General says that
II those propositions ar" tru" then II follows
that Ju ign Rivc-. 10y color OF his onlee. invaded
th" jurisdiction ot the state and her courts.
aud hus u.urp"i power and jurisdiction that
docs not lawfully prttuintp him rs Judge Of the
District Court of the United States for the West
crn District Of virginia. His action was not
only without law. but entirety without justiHca-
tiou or excuse. The Attorney General adds
H.
the courts % is. hc thinks. hy application to the
supreme Court of the Untrd States for a writ
Of mandHmus. hut he feels grave doubts about
redress through the courts alone. lie therefore
submits that tho peace and good order of society
urnt"finn " States. and due administration ~
th.ir police power for public veal, demand that
redress Tor the present and security for the
future shall ho sought through Legislatures Of
state and national Governments.