The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-02-06
Judge Rives' Decision and the Legisla-
ture of Virginia.

As one OF the people, native born Virginian
am persuaded that many thinking patriotic men
among the constituents OF the General Assembly
OF Virginia agree in deploring any further aglta-
ton OF the joint resolutions now pending before
our Legislature, denouncing the recent DECISION
OF Judge Alexander Rives OF the United States
Circuit Court at Danville, affirming in his opin-
| ion the eligibility, under the constitution ana
laws, OF negro citizens as Jurors for the trlai OF
men OF their own race and color.
The transfer Of this question from the Courts,
to which it properly belongs to the Legislature
1de Is slfas - With the
formidable consequences OF sectional strife and
party passion. 1t will arouse and agitate the
people Of the State and divide and embitter them
towards each other, at q time when 1t is most es-
sential to their common interest and welfare that
they should be harmonious and united, 1t will
and whilst low demagogues will recognize it as a
football in the political arena to be pedepuated for
their own selfish ends, it will become "a stone Of
stumbling and rock of offence" to intelligent
and honest men who have acquired the confidence
aro % eo aan os
good. Now this will all be changed. These dema-
gogues will again be taken into their confidence
and prejudices to mislead and impose upon them
to the injury Of both races. These are social and
eys sa WSc man any
from Judge Rives' decision, whether the same be
right or wrong.
bedecided by reference to the Lea Scripta. No
volume OF popular clamor, however 10 nd voiced,
no denunciations of popular displeasure. however
heated. can effect the ultimate decision. II the
upright and intrepid Judge of the United States
Court has erred. that error can and will be COR
rected by the Court OF the last resortthe Supreme
Court OF the United States. As the Legislature OF
Virginia have no power or jurisdiction to impeach
and punish. they are without means OF enforcing
their conclusions. whatever they may be. Hence
their agitation of the subject is 5rutum fulmen.-
They are attempting to do a vain thing, and it is
not compatible with wisdom or policy to lower
the dignity OF the Commonwealth, by simply
Kicking against the pricks.
If, as Judge Rives argues in his published opin-
ion, his action results as q necessary sequence,
fromthe fourteenth amendment, the Civil Rights
Bill and the legislation by Congress, and even
the laws of the State OF Virginia, to carry into
effect the entire equality before the law of black
and white citizens, no just man can condemn
Judge tor the fearless performance OF his duty as
to wear the ermine Of judicial purity and dignity
If he swerved from the path Of duty, through fear
get that Virginia has ratified this very amend
ment and accepted the situation" as she has
since repeatediy declared IN good faith and IN
that ld1o must govern, and Virginia, by her own
act is hound to submit to it, Let the question be
confined to the Courts-to the judicial depart.
ment Of the government, and popular clamor and
intestine dissention will be arrested and the pub
lie peace preserved. Do the Legislature of vir-
erately placing herself in the pitable condition
in the paradoxcal attitude OF crying out in alarm
and threatening resistance-even unto force
against the trial OF negroes by some OF their own
color and race on the jury. while they daily wit
ness even III Cnelr own Legislative Halls, the ne
gro participating with them in making the laws
which govern both black and white? A negro may
Der and Senator in Congress, may be or become
the Chief Justice or the President of the United
States, and no exception is made to his eligibility
to these high places OF trust and honor, but that
negro should sit on a jury bench in association
with six or even eleven white for the trial of
one of his own race and color, is an enormity-"a
usurpation" and an outrage, not to be tolerated
in free country!
Being fore-warned, let US be fore.armed, and
not rashly, precipitate an issue on the Hastings
in which we must come of second best, whereby
out the consolation of knowing that we have act
ed well and wisely in reviving controversy in
which we have already suffered sadly.
SENEX.
THE above communication written by a prom
inent Valley lawyer, having been denied publica-
proper time, insert it matter OF Justice al
though the discussion OF which it treats is pass
ed