The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-12-26

/ TONERS here the equal protection OF
the laws Of the State as guaranteed ty
the XIVth Amendment ard the law IN pur
suanee thereof. No one can DC more sensl-
| bic than am of the ananoly of trying
these cases at my bar; 1 have nothing 10
say Of the wisdom.the expediency or fitness
of this legislation the least can say Is that
1t gives an anomolous jurisdiction 10 this
court, not easily understood or reconciiahle
| with past practices, but it is sufficient for NE
to be convinced that am thus directed BY
Congress in LEGISLATION, which tlier have
deemed appropriate to tie enforcement of
| this fundamental part OF its reeo,isrinerion
policy. Nor do see how any mind eancetl-
/ ing the cons.tutionallty OF these enact
ments, can arrive at any otter conclusion
than the absolute right Of the pafIies under
| the terms OF the law to.this relief II ought
to be observed that the trial had in sone Ct
these cases was in plain defiance Of the law
which directed all further proceedings tn
cease on the fling of the petition. That trial
must, therefore, go for nothing in this case.
il am to be governed by the plain terms OF
these enactucnts. The law left nothing III
the discretion Of the State Judge, save thr
implied discretion to deny the petition J; but
/ such denial was to avail nothing the CASE
was thereby arrested and the question
United to this court ut its first sessif .arr
after. presume as the county Of isarfeA
/ annexed blythe ruling OF this court tothe CONT
held at this place, this term may we'll be re-
garded as the first after the filing Of these Pc
| titions This is the next Circuit Court in the
terms OF the law held for this part Of the
District where parties reside. aud whence
witnesses are to he summoned.
| have treated this exclusively AS 4 ques-
| ton Of removal. and not as application for
| a habeds corpus, as have already prem
| ised. take no note of the allegation OF Pc
TONERS that they believe aud declare they
! cannot get fair trial in the State court ;
| that is alien to tho merits OF their app.iea-
ton, and has no rightful place here
Their relief and the removal they seek can
alone be predicated OF some obstruction
to their impartial trial arising out Of the ac-
ton OF the court and the selection OF
jury with reference, whether designed or
rot, to color and race. 1ncase OF Federal
officers, indicted in the State counts for STATE
offences, have under this law exercise the
same jurisdiction without objection from any
quarter.
II there shall be found on enquiry a want
of uniformity, or even semblanes OF Injustice
in the practice OF the Judges or courts In the
particular have named, it Is fair to presume
it will be rectified In time to avoid this ln-
seemly collision and anomalous interference
with the trial of State offences. n there be
anything unfair, and repulsiye 10 the in p
stlnctS of Justice, and in conflict with al! our
notions of jury trial, in trying negroes ex
clusively by white men, wholly alien to theal
in interest and feeling. it admits Of speedy
redress by the State. can conceive OF no
stronger motive on the grounds OF humanity
and practical statesmanship,t han that which
now exists with tie State. who enjoys. the
fruits of her restoration to the Union by vir-
tue OF her formal ratification OF this amend
ment, to observe on her part in all the de-
partments OF her service, scrupulously, b0tli
in spirit and in deed, its requirements and
to guard and protect beyond ell unfriendy
cavil the civil rights OF this humble class OF
its useful laborers. We most feel that when
the State does its full duty u der this amend
ment, there can no longer be 4 possibility OF
the interference which offenda her dignity
| and arouses her Indignation. Her own in
dependent sense Of justice will have righted
the wrong; and all this conflict will cease for
the future. But without resting o.. such
specuations, but expressing them viii en-
tire Difference to my State aud its cotfts,
am constrained by my Interpretation OF the
law and Constitution to enter the following
order: aa
at Circuit Court for the JFesten District
Of Virginia,
held at Danville. on the 18th day Of November.
submitted to the Court petition BY them pre-
sented to the Judge OF the Circuit Court for the
ssanst into this Court which et
ton is part OF the record which said petitioners
have procured of the Clerk Of said Circuit Cont
| ing that said prosecutions may he here docketed.
and proceed with here. the Court being OF opinion
| that said petitioners have been denied such
| trial as is secured to them by the laws OF this
State by competent Jurors Without distinction OF
race or color, doth direct said causes, upon the
| petition aforesaid to he docketed in this Court
Tor trial. and the Clerk is hereby authorized to Is
the Marshal OF this District to take the bodies OF
said defendants into his custody, to be dealt with
that the Clerk or this Court inthe vacation there
| of direct to the said Marshal writ OF yenire ia
Of this State without distinction Of race color
to attend on the first day OF next term for the trial
of said cases at the bar OF THU Court.
The Petersburg Post reminds Nj. Lewis
/ L. HarYie that he did moro to precipitate
the secession movement than any man in
the United States. The Virginia delegation
at the Charleston Convention In 1860, could
/ have prevented disruption of the Demo
cratic party there by voting forsStephen A.
Douglas, whes it became factions to vote
for Hunter longer. Mr. Uarvieswas. the rul-
ing spirit in that delegation; and wanted his
''rghts in the Territories. To get them.
he, with majority of the delegations. CO.
4 operated with the extreme elements Of the
party, both at Charleston aud Baltimore
the result Of ahich WAS split Convention.
and the nomination of Douglas and Brock
inridge, and the election of Lincoln The
Post refers to this to prove that Mr.. Harvie
is an impracticabe and not a safe leader in
great emergency. MI. HIS. attitude now
. on the State debt question is alike imprac-
ticable. He Goes not want to consider the
rights Of the creditors, nor TO consult with
. them. He does not recognize two parties
, to the question, but thinks his side should
, have its own way. just as he thought the Sc
cessionists should have their own way IT
. 1901, regardless OF the ways Of anybody
else. Mr.. Haryie made a mistake In 1850,
t and we fear he is committing one pca. lhe
] people do not intend to run mx5 SITTER in,
practicables, as will be found aGt when lht
. test comes, if that is forced
-----7--.------- - 81.
: Strange as 1t may appear. it seems really
j. true that every native Virgiuan who has De
e come Republican has also become an enemy
Q to his own State and section. IL can on1y
y be accounted for upon the ground OF the Ia"
: of human nature, that those hate us VINO
i have injured us.-A1enandrid Gazette.
: This piece Of gratuitious impertinenee ha;
=, - forcibly reminded many OF the native Re
d puSllcans Of Virginia Of an Incident OF rail
e. way travel III this State some years ago. a
s. noisy Confederate entered railway car
'e rage. in which were number of gentle
!. men, among whom were several prominent
y Virginia Republicans, and in loud ton'
I'd announced his opinion, that ''no virginia.
&c who belonged to the Republican party ough
ST to be recognized as gentleman" Noanotic
J. was taken Of the remark until one OF tn
I'd passengers, addressing the late William 1
u, ~ Early, who was quietly reading newspa
. per in the seat just before this ardent cor
d sentative. said: early, what do you cay t
" that?'' Without raisin9his eyes from til
70 ~ paper, L. replied Odd Ass. sir; alaeas
~ ,r1s a id ASST The general tauph yyhie