The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-03-26
IrIstor, of tho virginia Coar. cOu.lle..

WASHINGTON, March 24.-Judge Riyes
Of the U. s. District Court Of Virginia
does not appear to be intimidated by the
resolutions Of the Virginia Legislature
and the indignation Of the white Demo.
Gratis Of Virginia in his enforcement OF the
Civil Rights Bill, but keeps up his war on
the State Judges who have violated It's
provisions. The whole State Of Virginia
is aroused, and the excitement over Judge
Rives' action Is greater than has been oh.
served IN Virginia since the war. The
matter will soon assume National Import.
ance.
1t will be remembered that last fall two
negroes were tried for murder in one Of
the eastern counties Of Virginia, and their
counsel took exception to the panel OF the
jury, which was composed entirely OF
white men. One Of the negroes was con.
victed, and sentenced to death. A new
trial was asked on this ground, and re-
fused by the County Judge. The negroes
appealed TO Judge Rives, who issued writ
taking the negroes from the custody Of the
State Court, aud assuming jurisdiction OF
their cases himself.
This act caused great excitement in the
locality where 1t occurred, and the matter
was taken to the Virginia Legislature,
which passed resolutions OF a strong States
rights character, declaring the civil rights
bill and the enforcement act uncOnslitu-
tion6f and void, and instruCting the Attor-
ney General TO proceed to the Supreme
Court OF the United States and there de.
mand "such protection and redress as that
tribunal can afford"
A week ago tho Attorney General OF
Virginia appeared at the bar Of the Su-
preme Court and stated his case. The
Court ordered Judge Rives to appear be-
fore 1t on Monday, the 3lst OF March, to
show cause why mdnddmuS should not
be issued, compelling him to return the
body Of the negro to the State authorities.
all the eminent legal talent Of Virginia
has been engaged to appear OH this occa-
sion to argue the unconstitutionalty Of the
Civil Rights Bill, aud the solid South Is
awaiting the verdict with anxiety. Judge
Rives will appear himself, and will prob
ably be assistedby Senators Edmunds and
Conkling, and by tho Attorney General OF
the United States. A suggestion has been
made that IN view OF the importance OF
the question, Secretary Evartsshould also
appear, and he may conclude to do so.
The argument, 1t will be seen, will be one
OF the most interesting that has occurred
since the Dred Scott case.
The rantankeFous set OF resolutions
which the Virginia Legislature took the
trouble 10 adopt do not soem to have dis
turbed or frightened Judge Riyes in the
least, for he has since taken such action as
has absolutely amazed the tirst families Of
Virginia, and as soon as the grand Jury eat
he instructed them TO indict Judge Berry
man Green, the Judge before whom the
criminal case was tried, for violation OF the
Entorooment Act, and also instructed the
grand Jury TO inquire into the conduct OF
other State Judges In his district in this
particular. His charge was very plain
and forCible.
The U. S. District Attorney took hold OF
the matter, and brought evidence before
the grand jury 10 show that in franklin
county, where the population is nearly
one.half Golored, no negro has oyer been
allowed to sit on jury, and the same vas
the case in Patrick, Charlotte, Pittsylya-
mia, Henry and several other counties,
and that cases too numerous to bO men
toned had occurred where q mixed Jury
had been denied 10 a colored man, whom
asked by him pending his trial. The con-.
sequence is that twelve County Judges In
Virginia have been indicted for violation
OF the Fourteenth Amendment OF the
Constitution, In The single district over
which Judges Iiives pEeSides.
Its difficult to describe the excitement
that prevails throughout the State Oyer
Judge Rives' course, His conduct is de-
nounce6 In the Virginia newspapers as
outrageous, arbitrary and illegal; b8 has
been burned in eiigy, and has received
numerous letters threatening his life.
None OF these Judges have been arrest.
ed, as Judge Rives has instructed the
Marshal to withhold the warrants until
the Supreme Court shall have determined
upon the Constitutionality0 tbeGlgll rights
bill, but tho State OF Virginia Is blazing
with indignation at the conduct Of this
"Carpet, bagHsr" Riveg. The indicted
Judges are made heroes Of, dIned and
toasted, and It IL stated in private letters
received hero that they have all agreed
not to offer bail, nor to accept release up
on their own recognizance when arrested,
but will all go to jail and make martyrs ot
themselves.