The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-03-06
Judge Rives and the County Judges.

Grand jury at Danville, on the 25th OF Feb
ruafy the result Of the proceedings Of that
body in the Indictment OF five County
Judges for violation of the Federal law, In
the selection Of jurors, and the resolutions
adopted by the Legislature in reference to
the matter. 1t will be seen from the note
made OF the proceedings in the Legislature
that the resolutions were adopted without
debate-that a matter involving so grave a
question as a conflict Of authority between
the State and Federal Courts, was not even
referred to a committee for consideration
and report, but was determined under an
appeal of Bradley L. Johnson, upon the
false presumption that Federal Judge had
''procured the Indictment of five virg inia
judges for the offence of not enforcing the
laws Of Virginia"
No one could more regret such an appa-
rent conflict of authority as is here threat
ened than the editors of the VIRGINIAN.-
We had hoped that the time had passed
when there would be raised question as to
the faithful observance of national statutes,
specially designed to carry into effect the
amendments to the National Constitu.
ton, and to give occasion for appeal to
race prejudices in the discussion of inter-
ests SO deeply affecting the welfare Of the
State. And we had especially hoped, that
should any question of this character arise
1t would be deliberately considered, and ju-
dicialiy discussed, so as to avoid all mere
exhibitions of partizan feeling, and any
rash, inconsideratee conclusion. We had no
reason to expect that Mr.. johnson would
approach the subject with judicial Dur.
pose, or n..any other.spirit than that of an
infiammatory agitator, but we did expect
that the Legislature of Virginia would vim
dictate its own dignity by calmly, impair
TALLY and judicia!ly addressing the grave
matter and fortlfying the conclusion that
might be reached by legitimate arguments
and legal references that would have ap-
pealed to the judgment and conscience OF
the country.
1t is with reluctance that we introduce the
subject into our columns, SO prolific Is it OF
bad feeling and harmful excitement, but we
have duty to perform as journalists, which
we will not shrink from, even in the face OF
the partizan clamor it may incite, because
it lie due to the people that they should I'M
derstand the gross perversion of the posi-
ton OF Judge Rlves famed before the coun-
try in the partizan resolutions of Mr., John.
son.
Instead OF Judge Rives procuring the
Indictment of five Virginia judges for the
offence of not enforcing the laws of vir-
ginia," he was controlled by the mandate of
the Federal law, which he is sworn to up
hold and enforce, and failing in which
would have made him liable to the impeach.
ment proceedings which Mr.. Johnston in
vokes, land the further purpose of preventing
a recurrence of the proceedings in the cases
of the Patrick county negroes, Burwell and
Lee Reynolds, which are familiar to those Of
cur readers who have read the statement of
MIR. Lybreok. one of the counsel for the
prisoners, published in this paper on the
23rd of January last.
The national statute under which Judge
Rives directed proceedings-sec. of Act of
March 1, 1S75-reads as follows:
''That no citizen, possessing all other
qualifications which are or may be prescrib-
ed by law, shall be disqualified for service as
grand or petit jurors in any court OF the
United States, or Of any State, on account
OF race, color. or previous condition of SER
charged 1cith the duty in the selection or
summoning of Jurors, who skall exclude, or
fail to summon any citizen for the cause
aforesaid, shall, on conviction thereof, be
deemed guilty OF a misdemeanor, and be
fined not more than five thousand dollars"
This law was passed to carry into effect
the Fourteenth Amendment to the Consti-
tuition Of the United States, the supreme
law of the land. and is in conformity, too,
with the law of Virginia, passed in 1870,
which provides: "AU male citizens twenty
one years old and not over sixty, who are
entitled to vote and hold office under the
Constitution and laws OF the State, shall be
liable to serve as jurors
Judge Rives, however, had nothing to do
with the State laws. His inquiry was di-
rected so as to ascertain whether The laws OF
Congress, which override State laws
should there be conflict, which was not so
in this case-had been violated, and it was
that fact into which the Grand Jury had to
inquire.
The Grand Jury was composed. as we
learn, OF nineteen citizens, drawn by ballot
from the lists furnished by the Marshal.
twelve Of whom were white and seven COL
ored-seven Democrats and twelve Repub.
licans-and the foreman, Mr.. D. Il. Spen-
Ger, of Henry county, gentleman of wealth
and intelligence, and non-partizan in his
political relations. The evidence of the
Commemorative Attorney for each of the
counties where the indicted judges presided.
was taken, together with that OF practicing
lawyers and gentlemen Of high intelligence
who were cognizant of the composition of
the juries, and upon their testimony the &C.
ton of the Grand Jury was based.
We do not think any judicial mind in the
State will question the entire legitimacy of
all the proceedings, and if fault is to be
found, instead Of directing vindictive parti-
Fan assaults against Judge Rives, who was
simply acting under the sanction Of his
oath, the Ian should be- arraigned and de-
and not the laac officer, who could
not change OR comfort the enactment of
Congress to suit the cases of the Judges
Of. Judge Rives had a sworn
duty to perform, and that was to see that
no national law had been violated, and if
Infringement had been perpetrated, and
that fact was made plain to the Grand ia.
~, there was but one course for that body
to pursue.
The assumption of Bradley Johnson's res
passed by the Legislature in pre-
,ipitate haste and without due considera-
ion, is that the laws Of Virginia are the
supreme law Of the land-that Virginia is
sovereign and that any attempt to en-
orce the laws of the national government,
lpon Virginia soil, is ''usurpation. IL any
mo prinoinla of our nn1itioo cvcto,, ;e ,,,o,.