The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-08
A word to the Wise---Whnt VIII the
GecisIatIIre Doc

Editors Dispatch: There has been con-
siderable discussion, pro, and con, over
Judge Rivcs's opinion" and there has
been very wide diversity OF opinion among
us lawyers as to whether or not the Judges
position has been well taken. Very well;
be it so. It is written in the books that
lawyers differ as well as doctors. Whether
Judge RiYes, or Lawyer, Green, or Lawyer
Royal, OF Lawyer Drinkard, or Lawyer
Gilmer is right as to the law in this case IS
OF far less consequence, however. than
that the principle. involved in the case
be properly settled. No possible good
that I can conceive. OF to Virginia or
any other southern State can arise from
a discussion OF the abstract question Of
whether, under, the. laws of Virginia or
the laws OF. The United States, Judge Rives
is right or wrong in bis opinion III the case
brought before him. You and others think
he is wrong, and that his error Tor usurpa-
ton, as some have coawteousty styled it,
endangers the rights Of u. the States. !,
though, as I understand them, Il States
rights man, think he is right, and that; the
rights and liberties of individuals are OF far
more consequence than the rights OF States,
even il those rights are endangered by this
50 opinion" which do not admit. What,
then. are we to do about it! Who is to
decide between us? am not going 10 ar
que the question involved. There are qucs-
tons which do not admit OF argument.
We Of the South, especially at this, time
and under the circumstances. cannot
afford to argue questions OF this kind.
The practical, question, and the one which
concerns us most, as conceive, is, happily.
one that is easily disposed OF. Why did
Judge Rves feel called upon to deliver the
opinion in question:? Simply because it
Wps possible that such question should
come before him.. Now, we read that when
The mountain would not come'to Moham-
med; Mohammed, like sensible man, went
to the mountain. We have suffered enough,
in all conscience, from our folles on this
and kindred questions. Now let us be
wiser. The Legislature should engage in
no foolish, highfalutin resolves for bum
combe, nor euter upon any wild goose chase
after the ignis .fatuus States-rights, viii
fully sacrificed years .ago-n ever, indeed,
possessed, OF which there arc very grave
doubts. Let it at once he made the
duty of all State judges, Under direc-
ton Of positive law, to order mixed jIl-
ries to be empannelled in all such cases, If
asked for by the prisoner. This involves
no sacrifice of opinion. This robs no one
of his Just rights. This humiliates no one;
and vet this will settle the question finally
and forever, and l doubt not to the great
qualification of the Federal Judges, before
whom, under the present practices and
rulings of the State courts, these cases are
liable to be brought 1T any time. Let the
Legislature rise, to the height Of the great
occasion. s.He that hath no rule over his
own spirit is like 4 city that is broken down,
and without walls" but she that ruleth his
spirit,n says Solomon, is better 'sthan he that
| taketh5a city,; We should have done with
these foolish race preiudices that have so
warped and perverted our. judgments.
They have been the prolific source OF I'M
numbered ills to us, and are utterly unWor-
thy of the age in which we live. That there
should exist between different races OF men
a certain degree iof antipathy Is perhaps
| natural, but, that prejudice, which would
iprevent us from doing equal and exact JUS
Ftics to all men without regard to race or
tcolor, should exist, grows out of a perversity
Ia our training which is utterly ineXcnsable
and unworthy OF ollrimanhood. We should
lendeagorto uniearn at once what we have
Iearnedoamlss In this respect. Will the lie.
gisature be content to do its duty. We will
see: ~ :Ic.E 1..A-IH ? S-IEalI. n. GILMER."
+ We let b.. GILMER speak for himself We
Evil add that the question is not sechopa
one. No northern State. requires mixed
Iiurfes 70 try negroes. Further: A mrxet
] Jury to try white man is as necessary i:
, to try aunegre,i, There ,isa no 7Gtpreiqdice :
in the matter. Negroes are not. fit; to b.
Jurors: = Good policy! requires that women
childrep, ana negroes should ff.n = be tried b!
I il1ries Of white men, - -.
4 q Butt, ahoEes all, /, the question isaone tha
Judge RrvEs nag nothing to do with. Mel
;tther has the Federal Government Let
attend 10 its own business, it ., go[G
r.. Judge, RiyEstis sick Of the case, We ar
glad to have So good tan ept:where
with to convince the northern people; o
their folly in med dlingitwith the business o
tuS 60 II" n. -. 49, tig
nArrRlc7Ise FonEIos' eArrrAI The In
Ifdications are unuistakabIe that-the resump
Etion OF specie payments win before long at
tract foreign capital to this country for in