, 1879-03-20
THE VIRGINIA CONFLICT.

THE VIRGINIA CONFLICT.
Judge Hives to Continue His Wnr on tho
State Corrts-ChnrCo to Iso Delivered to
tho GRIND Jury Mt Lync1lhurg--Actton OF
tic Stato Authorities.
Cl1ARLoTTEsvILhE, Va, March 15.-Nolhiug
tint tas occurred IN Virginia since the recon.
struction Of tile Southern Stntcs has excited tho
public mind moro profoundly than the recent
action Of Judge Alexander Rtycs, Of tile United
States Court Of this district, With reference to
the exclusion Of negroes from jur!es In Ylotn-
tton, as Is alleged, Of tho fourteenth Amend
mont OF tho Constitution md tile laws Of Con-
gsess paused to enforce The national protection
Of the "paton's wards" The facts OF Judge
Rtves taking from tlto custody OF the stato
Courts two negroes convicted OF murder aeveral
months since, on tho ground that the Jury
which convicted them WIS composed o.l-
ttrcIy OF whites, and the subsequent In
d!ctmeut by bis direction, willis hold
Ing Court ut DanYlllc, OF fivo stata
Judges u surrounding counties for alleged vlo-
)ution OF the statutu which forb!ds any officer Of
Slate Court excluding my citizen from tho
jury-box on account OF race, color, or preYIoua
condition OF sctvitudc, nre familiar to the rcad!g
public. Tint the Judge Is not diamayed by tho
adverse criticism on his conduct, not only In the
9tate, but throughout tho country, IL certain.
Ho las determined to carry on the war against
the Offending State Courts everywhere. md will
demand thu Indictment Of other judges, who,
as he clafms. have yIotated the Inv.
Thy next term Of Judge Isives' Court will bo
hold III Lynchburg, lrRpning on Mo1tlay next,
md similar ciiargo to TINT which led To The In.
dsstn.cut Of tic five Judges already involved
viii b. given to the Grand Jury tbere to b. con
vcHod. The cliarga will DO delivered on Tues
day, nnd, by courtesy Ut Juuga Riycs. tho re1>-
resonsatiyo Of tho Herald 10 enabled to transmit
acopy shercos in advance, rs acttng forth fully
is as follows:
AS to tho acopo Of your inquiries they aro
cocxtonslyo With tue Jurisdiction OF tllis Cnatst
Ilcy cn1'not 60 beyolld. fou aro restricted TO
for your findings must be found in them. This
results from tic natttre OF our Governments,
State anil Federal. Congress ordaIns lnws to
defne and protect the ooGrution Of the uoycrn-
ment Of the Untud States within tic State. 10
this end It establishes courts Of its own, , In
trusts to them the duo assertion md enforce
mont OF tts laws. Every question arising under
ti'o Constitution, tho laws, at'l the treaties ot
TIC United States Is elt'lcr primarily or mediate.
these respective tribunals, State and Federal,
keep within their prescribed orbits and discharge
tlclr whole duty to the laws Of both, there will
scarcely o9 roun or occasion for conflict OF juEis-
d!ction. But the tilotnent Inv Ut Congress Ia
dlsobeyGl III any judicial quarter the danger Ut
this collision becomes Imminent, Antl 1t becomes
tho duty OF all having power to gnasd nganst 1t
to take eYcry possible prccautfon to prosens 1t.
Under tAlS p9raulslutl nilu With this view I
deem It my duty 10 call your attontlon to law
of Congress designed to secur0 to all pcrnons
tho equal protection Of the laws tho denla' IT
whtgt. III latu euse III this tistrlct has brough1
the Circuit Court OF this district In conflict with
q Statu Court. nnparently to the dtsqulct1dc ol
tic public. nllGdc 10 an net Ut Congress for
bidding, untlcr penalties, any dlarrtn!i;atton on
account Ut race nr color to bo nude by thosu
charged with tho duty OF returning Jury Ists.
Before dong 50, however, would Se9 leave 10
recall to you the requirements of your Htato
laws md Cosstltntfon,-not that you l,ayn
to deal wi1h tiscln on this occasion, but TO
Congress- you arc not asked to do anything cotl-
trary tu ttirm, but only what ta strictly conform
ablo to them. lsy tho law OF tho State no dis
cs!Mtnatinn ta l0ade on account Of race ur collar
II! ils liability uf It's citizens to jury service.
Az male cttlzons 81 years of a;s, not oyer 90,
who arc cntitlcd to vote md hold otIce urlrr tlo
Constitution afnl lAws OF this btatc, shall bo
liable !o serve as turdrs, etc. iCodc of virginia,
olherwIse ai.ier t!,a sta.o Constellation or tiiu G
Fourteenth Amendment to the United States
Constitution. The former WIS alopel prior to
the ratification OF thu fatter, nl!d 1t will be seen
quito as stsonl: ~ the lan9uugo OF ihis anlcul-
lMeni. II IL declared as t0llDWs:
".Tlat all citizens Of the slate arc horeby 10.
claIel e po*aess equal civil and puttca! rights
: s;rhs declaration Of tho political right. and
privileges of the inhabitants of this Huto ID hereby
declared to be u past Of tho Constitution Of this
protcnsa sshhtoYar.'
'''rts, then. IA n fundamental pyoyston OF your
own State Constitution. II was ndopted by an
oyerw%hentl'g nn)or!ty on July 0. 1859. Follow.
rat1tlclt I'm of ttse Ar,,orimhnf ~ I'm,