The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-10-22

T,he yirrpnia Cases ~
B. ! ~ h.ye I'm ysrsed slth ON yer VINO
81. : n i, III s.ls sspreme Court q the
tinted states whdsIb The V1fglnia eases 2
syas recently being argued, a,d haYs as sss..
from another By 1etter. From a'' tna. !. ],
hare aearnc I'd ON the subject, we may saIe'y
- -. s.ss.,e ssgaencnt lin tacs .sses
n N every way eredltable and satlafactory %
virgins. Attorney General FIELD ana 2
Judge ROBERTSON presented their PROPOSE lS,p posi-
,tons and supported them In manner manner
,n,iy Nh 10 the high standard OF forensic
discussion required before that trtbunai. ,
n During the discussion interpellattons anu
|saterrogatories were interposed " I 'ne
Court. which will interest our reader ne pa.
OF the history OF the case. While Judge Mi.'
1ououpY was opening for the nited STAGES
and replying to Attorney-aenelsi NJ ILs !,
Mr.. Jnstice MILLER said: "The amen o.
ment declares that no state shall deny ~ 20
any me person the equal protection OF the Jaws.
IL r. claimed that TIA ssate Judge denies
instice to any person, then the State, acting
through her Judge, denies that person JUG
eous, protection of the law. Now, sup
nose Congress were to enact: Whereas IL
ia apparent to this Congress that tho State
Of Virginia denies to negroes the equal pro-
lection OF the laws. In her administrator
., insttce, therefore be it enacted, Inae
every negro shall have the right 10 o''hs
his action in n Federal court or 10 retho'e
it from State to, the Federal court. when
ever no is sued in the former:' Wou'd
Congress have power to PASS such q Ia" as
an appropriate law to enforce the amend
ment e" i, -,
Judee .WILLoUaHBY did not meet Inc
,re.tion. so Accomplishment pEVENs'
q bo followed him, said at once that III his
Judgment such a law would be uneonst,lttp'
tional. .cs ,a,.te'... ..@zs.. 49, ~, -.
During Attorney. General DEvENs's argu'
ment Mr.. Justice FIELD asked him, Chow
ARE YOU to distinguish against ,pftiudices
AGAINST Chinese2'' And tho Chief Justice
followed this up by asking, ell there lad
been law of Virginia excluding lrishmep,
would an freshman i'll Virginia have right
to1be tried 10 United States courtF u" Az
torney-General DEvESs replied thasin bis
opinion an Irishman would have such bright.
Which question aud answer assumed that
an Irishmanis not Caucasian-nna absurd
assumption. ;li.r.ly....; .grD5a#
Justice BRADLEY, said to Attorney-Gene-
raj 'DEyENs,,;;.".s':s,Do you contend that the
State Judge could on the trial have ordered
a tales composed partly OF colored men.
according to the laws Of Virginia or OF the
United States :? Did not the difficulty arise
when the Judge originally prepared the
Jury list ? How can the Judge at the trial
alter: the venire thus composed from the
original iury-list?" The Attorney-Gene-
raj replied: 'fIf the colored race could not
be: deprived. OF their rights by open and
honest legislation, they cannot be deprived
OF them by fraudulent administration.
They cannot be deprived OF rights given
by the Constitution and laws OF Virginia
rby dishonest administration" +.
= Justice CLIFFORD asked: "Have the
United States courts any jurisdiction to try
any case OF crime not previously defired
by act of Congress pr
|; These Interruptions, which we get from
a law yer who was present, are interesting
indications Of tie way the minds OF some
OF the Justices were tending during the
discussion. H. ,r-l u