The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-13
For the DisDatch.]


The act of Congress under which the
honorable Federal judge acted in the above
case prescribes that when, in the cases re-
movable under it, the motion to remove is
made, all proceedings in the State court are
TO cease, and all action taken in that court
is void. The making of this motion was OF
itself full notice to The State court that IL
oyerruled the Federal court would be APP
peaed to. No bill OF exceptions was neces-
Sary. .. ,.,r.....,..s. --,s
The State court should instantly have re-
ceived the warning thus given and provided
for meeting the question in the Federal
court. The attorney for Patrick county
should have been instructed, as it is to be
presumed he was, to appear for the !aller OF
Patrick county.-really for the Common
wealth-and resisted so strange an interpre-
tation OF the law. II oVerruled, an appeal
could have been taken to the Supreme Court
OF the United States, which, treating lt rs a
privilege case, would at once baye pro-
ceeded to consider it, and il they reversed
The decision Of the Federal Circuit Court,
as assuredly they would have done, Instant
Iy the decision could have been certified to
the Federal circuit Judge, to his court in
Danyille in February, next, in time to be
used at the next term Of the Circuit Court
in Patrick. Thus no delay would have oc-
Cured in The trial Of the case in the State
court. .ss.
II, however, the motion to award the ha-
beds corpus writ had been resisted, nothing
would have been easier than to have satisfied
the honorable Federal Judge that his pub
lished reasons for his opinion were utterly
untenable. The prisoners were represented
BY their counsel in the Federal court, and
doubtless did their duty to their clients,
The United States attorneys position, it is
presumable, was deemed to require Of him
either to be silent or to sustain the proceed
ing; but there. was none TO put in plcaf fol
the taller, or Virginia, in matter involving
4 very large portion Of her civil and crimi
nal Jurisdiction. .r-l,...
It cannot be too late now to make this re-
sistance. IL at the term OF the Fedora
court in February next motion should bt
made to remand the prisoners to the Pat
rick taller and it should be oyerruled, al
appeai could be taken to and decided by
the Supreme Court Of the United States II
time for a trial Of the cause mt the term II
Patrick in April next; and being now
forewarned and apprised OF the reason:
which Influenced the honorable circuit
Judge, an argument Of the Patrick attorney
certainly one from the Hon. Judge Green
to whose bands Virginia has committed the
Jurisdiction involved as a sacred trust,
could readily, relieve the Federal Judge o
the erroneous views under which he acted
Whatever may be thought or said Of THU
matter elsewhere, the difficulty Of the cas-,
Is entirely judicial, and can only be disposed
of By. the judicial deDartD ent, and the fore
going views are suggested as being tn!
speediesf,. cheapest, and the most efectual
.N35s'S, Ss'@z,s' : "A. b. :.
{ [The above comes from a good lawyer
and so we publish it, though we think Con
gress has provided no way Of getting suel
a ease UP TO the Supreme Court OF tn
United States from a United States Circui
Court. I,s -. s,if
MESSAGES OF TIE GoYERSoR OF WEST YIR
EiA.-soYernor Matthews, Of West Viz
ginia, presented his biennial message to til.
Legislature OF that State on Thursday last
a number o; recommen dations are made
+ the, most important OF which, perhaps, i
that relating TO the liability of West Yir
ltpfnia FOL. d norton OF the ante beilun deb