Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1879-03-07
THE RIVES USURPATToN.

FRIDAY MORNING. MARCH z. 1879.
THE RITES USURPATTON.
On Friday last resolution was adopted
by both houses of the legislature, setting
forth the fact Of alleged usurpation and
unwarranted exercise Of power by the
United States Court of the Western Dis
trict of Virginia, in procuring the indict-
rnent of the five county judges in the Eas-
tern portion of the State, (Which we have
before alluded. According to this resolu-
tion the Attorney General was directed to
take such steps as would bring the matter
before the U. S. Supreme Court and the
employment of counsel to assist the Attor-
ney General in thel proceedings was au-
thorized. The representatives, Virginia
in Congress are also by the resolution re-
quested to move for a committee to en-
quire whether Judge Rives has not been
and is not now usurping judicial power, for
the purpose of bringing about unnecessary
conflict between State and Federal Au-
thorities, IN enforcement of the criminal
laws Of Virginia, etc. -.
This action of Judge Rives in having. the
Judges referred to, indicted becauseh they
do not have negro jatries, is one of themost
monstrous and high handed measures ever
perpetrated by the judiciary of this cobn-
try, and when the extra session of con-
gress called to meet on the 18th inst, shall
assemble, it's first duty should be the i'm
parchment of Judge Rives' If the repub-
lican sentiment Of the legislature Of Vir-
ginia may be regarded as an index of that
of the party in the National Congress
there would be little opposition to the
measure. as only two Republicans of the
legislature voted against the resolution
referred to above.
Apart from the fact that the motive
which prompted Judge Rives in his charge
was of the basist political spite and malice
the reasons assigned are Of the most fiimsy
and ridiculous character. If 1t be contra
ry to law to have nothing but white jurors
in Virginia, then it is contrary to law not
to have negro Judges. sher!ts, or other Off
GERS of the court, and if there be viola
ton of the law in not having those officers,
negroes in the State courts, then it is quite
as much violation Of. not to have the
Marshal and his. deputies, the, Clerk and
his deputies and even the august Judge
himself of the q. S. Courts of the same
tawny hue. 1t is in fact much more
fragrant breach of the law, because every
single officer of the U. S. Court is appoin-
ted by some other officer or branch of the
government, while the State court officers,
except the judge. are elected by the people.
1t is useless to say that juror is not
an officer of the court. In criminal pro-
ceedings or in civil, the Judge has rs
much to do in the determining of the cause
as the jury, Judge Rives seems to have
good deal more) yet he is anhite man and
no complaint is made that the law is vio-
lated by his sitting in judgement upon ne
groes. All the officers of his court are
white men. Who appointed them? Why
did not the power that appointed them ap-
point some negroes. 1t could not have been
an accident that the negroes were left out.
They surely are and have been too promi-
nent in the eyes of the people of the Uni
ted States for the last fifteen years to have
been overlooked, when the position of Dis
trict Attorneys of the United States were
appointed, when the Marshals and Deputy
Marshals, Clerks &C.. twere appointed,
why were they neglected and forgotten
then? Simply because they were negroes
The policy of Judge Rives seems to be
part of the plan of the Administration
party looking to the presidential election
of 1880 to arouse the South to imprudent
action and to unite the North in resistance
by arousing the old sectional animosity
which is not up to the desirable high tenn
perature, necessary for PARTY purposes in
a presidential campaign. In a word it
looks like ''put up job" There are how
ever honest Republicans who can divest
themselves of party prejudice and who re-
gard these arbitrary actions of Judge
Rives in its proper light. The following
extract from the Lancaster (Pa.) ''Intel-
igencere in an honest expression of opin-
ion on the subject from Northern stand
point: r
eff federal judiciary decides in Viz
ginia that violation of the civil law is to
be presumed as inflicted wherever judge
tries case without negro on the jury the
inquiry should be pursued into the North
In Lancaster county only one negro has
ever served upon jury"
Commenting on the above the Balti-
more '.sun'' says:
'sThis is a ,shocking revelation, especial
ly in view of the fact that Lancaster coun-
ty is famous republican stronghold, in
which many tolored voters are congrega-
ted. There are doubtless, however, many
like communities that are keeping compa-
ny withsiit.s'