The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-12-27
Judge Riyes,s Opsitfon.

the constitntionality. of the act of Congress
which authorizeS,t the removal entirely upon
the provisions os--the fourteenth amend
|-ment 10 the CONSTITUTION. That amend
ment provides That no State shall make or
enforce any law which shall ,abridge the
privileges or fmmunities of citizens Of the
United States; nor shall any State deprive
any person OF life, liberty, or property with
out due process OF law; nor deny to any
person within its jurisdiction the equal
protection OF the laws" Judge Rlyes says:
Slut il IS because believe the Constitu-
ton and the law both require 1t OF me i
grant the relief sought OF me; surely not
under the ridiculous idea that have any jul
risdictiop over State crimes or any authority
to prosecute them but merely to secure for
the petitioners here the equal protection OF
the laws Of the Stateas guaranteed by the
fourteenth amendment and the law in pur-
suance thereof" His proposition Is that II,
in the administration of their criminal
laws, the officers OF the State enforce them
lin such a way as to make them unduly
oppressive to individuals, @fhe Constitution
empowers Congress TO authorize the circuit
courts of the United States to intervene
and take Into their own hands the matter OF
enforcing these laws so that they may be en-
forced in, such manner as will do Justice
to all. Now, it is just upon this PROPOSE
ton that I most emphatically take issue
with Judge Rives. / do not deny that the
judicial power Of the United States extends
TO every possible case which can arise under
the Constitution. admit that in every case
i'm which an individual asserts that he is
being deprived OF a right which the Fede-
raj Constitution guarantees to him he may
have the judgment OF the Federal judiciary
upon his claim. But this must be taken
along with the accompanying principle that
the States have reserved to themselves the
right to enforce their laws fer the preyen-
ton Of crime through their own courts
and officers; and il that be so there
is but one way in which the judi
cial power Of the United States can
be made to operate on such cases consist
entity with that reserved right, and that is
by appellate proceedings, in which any
Judgment OF State court 10 violation Of a
Federal right will be reversed, set aside.
and annulled. In this way the Judicial
power OF the United States is made to eX-
tend effectively to every possible case con-
templated by the Constitution; but the
right Of the States to enforce their own
criminal laws is left undisturbed and unim-
paired. Both purposes Of the Constitution
will have been accomplished. My theory
gives to the Federal judiciary in such mat
tiers Ueto power, and Ueto power alone.
Judge Rives's theory makes it actor for the
accomplishment OF ends that the Union was
not framed to accomplish. insist that the
scope OF the Federal Judiciary power IS
Ueto alone in respect to all action prohibited
by the Constitution to the States; and that
it can become actor for the mplishment
10 sc 20 fboca which tho Union
formed to accomplish. Its Office, on my
theory, is that of the Roman Tribunes as
they were originally designed. 49,.
Judge Rivcs does not pretend that there
is any ld,1 OF the State Of Virginia in con-
flict with any one OF the provisions OF the
fourteenth amendment. He admits that her
laws al in conformity with them; but his
proposition is that the State law is not d6t-
niniSteTed in the State court in conformity
to the spirit OF the fourteenth amendment;
that in administering those laws the State
tribunals deny to colCred persons rights
which this amendment confers upon them.
Surely, il this be so, it is like any other I'M
proper ruling of q court IN the progress OF
a triaI-matter to be CORE oted upon writ OF
error or appeal. Is it TO be said that when
court has Jurisdiction OF subject-matter
its judgments are to go for naught, to be
set aside in collateral proceedings because
the Judge who presided erred in the con-
struction. which he gave to the law OF the
case. This proposition would certainly be
an anomaly in any system of jurisprudence
that any civilized people has been known
to have. : J:. .....
Surely, if the Constitution has left to the
States the business Of protecting their own
peace, and furnishing through their own
courts and officers violations OF their own
laws, but has extended the judicial power
OF the United States to all cases arising un-
der the Constitutions lsay, to con-
strue the two things so rs to preserve llar-
mony between them it is necessary to say
that the judicial power can be exercised in
such cases in but one way, aud that is by
appellate proceedings; in which, il the ac-
cused has been denied any right which the
Constitution gives to him, the Judgment
entered against him will be reversed, set
aside, and annulled. Any other theory mo
tably the one on which Judge Rives is pro-
ceeding) denies to the States the right to en-
force their OWN criminal laws, and holds
that the Constitution, by making the judi
cial power Of the United States extend to
all cases arising under the Constitution,
necessarily, er u termiNi, makes 1t extend
to all such cases in an original form, whether
suitable and proper or not, and even though
in doing so some other provision Of the
Constitution is directly oppugned.
Judge Rives scouts theidea that he is un-
dertaking to enforce the States criminal
laws. .....:
. The indictment upon which these prison.
ers are held, and upon which Judge RivcS
proposes to try them, was found in State
court by grand Jury of the State OF Fir-
ginia; it charges violation OF the statute
law OF Virginia, and charges nothing which
is a violation OF any law OF the United
States, and concludes with the ayermeDt that
the acts charged were done "against the
peace and dignity OF the Commonwealth OF
Virginia." Judge Rives has appended to
his printed opinion copy OF the order
which he made, which concludes thus !:
And that the clerk OF this court, in the
vacation thereof, direct to the said marshal
writ of venire faciaS for twenty-five jurors,
qualified as such by the laws OF this State,
without distinction OF race or color, to at
tend on the first day Of next term for the
trial Of said cases at the bar OF this court"
he therefore proposes to try these men on
this indictmentin his court. II they should
be convicted, and Judge Riyes proceeds to
sentence them and to execute his sentence,
then l cannot understand upon what theory
it can be said that he will not be enforcing
the laws Of the State Of Virginia for the
prevention OF crimes; for be will impose
upon them tue penalty provided for by the
Virginia statute. II they should be ac'
quilted and discharged, then he would GER
tainy, in one sense, not be enforcing the
criminal laws Of the State Of Virginia; but
it is only by presupposing that the accused
parties will be acquitted that it can be held