Daily Kennebec journal., 1879-04-22
From the New York Times
The Virginia Civil Rights Cases.

In November, 1877, Burwell Reynolds and
Lee Reynolds, two negroes, were indicted in
Patrick county, Va, for the murder of Aaron
c. Shelton, a white man. When they were
arraigned for trial, it appeared that the list of
persons from whom the jury was to be select
ed was made up exclusively of white men.
Their counsel thereupon moved that some
colored citizens be included in the list. in or
der that the accused might be tried by a jury
selected from those from whom their own
race and color were not excluded This mo-
ton was denied by the court, and one of the
prisoners-they claiming separate trials-was
tried by jury of white men impaneed from
renire of white men. He was found guilty
and sentenced to the penitentiary for fifteen
years. motion for new trial on the ground
that the verdict was against the evidence hav-
ing been overruled the case was carried to
theSupreme Court OF Appeals. The decision
of the court below was reversed, and a new
trial ordered. In October, 1878. the accused
was again tried and convicted by a jury cho-
sen, against his petition and protest. from
white men exclusively A motion to set
aside this verdict was also overruled, and
sentence Of eighteen years imprisonment was
passed. The prisoner, by his counsel, setting
forth that he had been denied the right of
trial by jury selected without distinction
as 10 race or color. petitioned the United
States District Court held by Judge Rives
for the removal of his ease 10 that court. in
accordance with the act of Congress provid-
ing for such removal whenever anv person il
denied OF cannot enforce in State court 'any
right secured to him in any law providing for
the equal rights of all citizens" This petit
ton was granted. and thereupon the Federal
court took and the State court lost iurisdic-
tioD Of the case.
Notwithstanding Judge Rives was Viz
ginian and former Judge of the State Court
of Appeals, resolutions were soon introduced
in the General Assembly of Virginia and
passed by one, if not both houses denounc-
ing his action as an unwarranted usurpation
of judicial power, and fragrant invasion
OF State rights. II was saying of Rufus
Ghoate that there were three courses open a.
a man who was beaten in a law suit: to ac-
quiesce, appeal OF go down to the tavern and
''cuss' the Judge. The Commonwealth of
Virginia might have taken either of the first
two with safety and dignity, bat it chose the
last. This proceeding however, did not have
the effect OF intimidaing Judge Rives in thr
discharge of what he conceived TO be his
sworn duty. He proceeded to instruct the
Grand Jury to indict every county Judge who
was found to be purp0sely excluding negroes
from the jury lists. "The fact" he said
''that colored men are seldom seen on Vir.
ginia juries raises the presumption that they
are, on account of race or color. left off tho
list Of names furnished to Sheriffs bv Corpor
alton and County Judges from which to draw
luries" In accordance with these instruc
tons, indictments were promptly fount
against Judges in a number of counties
The General Assembly, doubtless. realizing
the futiiity and folly Of 'cussing the Judge. >
now lett the subject with the Attorney len
eral, where il properly belongs, and that off.
Ger has brought the matter before the Supreme
Court of the United States on pctition fo,
wriisof habeos corpus and certioro,r.
The action of Judge Rives was taken mr.
suant 10 the fourteenth amendment To ,he
Federal Constitution and the laws passed bv
Congress TO give effect to il. The iury law.
Of virginia make no discrimination on ar
count Of race or color, and hence they ar,
not repugnant to any Law of the United States
The County Judge is required to prepare a
list Of persons as jurors, and he NAV use J
certain discretion as to their qualifications
But that discretion is not unlimited. and can.
not be exercised to reject on account Of color
a person who Is otherwise qualified a. Juror
There is no doubt that such rejection or a
systematic and designed refusal to select in.
rors on account of their color. is a violation
Of the Constitution and laws Of Virginia no,