New-York tribune., 1879-03-15
THE INDICTED VIRGINIA JUDGES

A BOLD STAND FOR The NEGRO'S RIGHTS.
JUDGE RIvEs's CHARGE TO THE GRAND JURY-soME
or THE TESTIMONY on WHICH TIE COUNTY
JUDGES WERE INDICTED.
lFRoM AN OCCASIONAL CORRESPONDENT OF THE rErBUNE-i
DANvIILE, Va, March 1O.-The Democratic press
of the country, but especially of Virginia, IL just
now filled with wild articles on what is termed, in
Democratic parance "Rivess usurpatlon.' tho
Radical judicial outrage" etc All this Demo-
cratic talk has been caused by the action Of the
Hon. Alexander Rives United States District Judge
for the Western District of Virginia, who instructed
the grand jury at the recent term Of his court in
this place to indct State judges for open violation
of the laws of Congress. The grand jury upon tho
evidence before them (which was ample, indicted
five of these men for open violation of the Civil
Rights bill. 1t is under the fourth section Of this
act that the indictments are found.
This. then, in nutshell, is the cause Of Demo-
cratic ranting The main points of Judge Riyess
charge follow:
II becomes nv duty call your special attention TO
notable instance OF the way in which the neglect by tho
state Of and its obligations 10 tue supreme
lag-the Constitution OF the United states-necessarily
leads 10 conflicts between Federal and state authority
y he law OF he discrimination made
account color In the Inability Of It's citizens TO
jury service All male cltLens twentyone ears 9 age
Office under the Constitution and laws Of this state,
shau be liable 70 serve as Jurors You are aware mat
win tLe Judges OF the County aud CIrpOra-
"lth WI cr,s GSe Section 8 ChapteI l57 Code Of Val
Ar this point Congress properly ntervenes and con-
strains these officers by penalties 10 observe Their oD
and the amendments. The fourth section Of the Act of
! March l. 1873, Is IN these words: That no citizen
asse.sng al other qualifications witch may be
nTescrlbed bv law snail disqualified for service as
Grand or petit Juror court Of tue United states
r ~ any state account OF color, or previous
conttion OF servitude and officer other person
charged with duty III The selection or summoning OF
urors who shall exclude or fail 10 summon any citizen
fr e cause Aforesaid shall, on conviction thereof be
deemed guilty OF msdemeanor, aud be fined not more
tHSn a. OOO' The offence thus declared Is the eXclu
SION nv these officers from their jury lists oi qualified
oizens because race color or previous condition OF
b ard ought to be inferred by you from the acts
or declarations Of the party and all the circumstances
of his condnct II 1t should appear 10 you maj 3y
lony and systematic course he las never admitted TO
nj 7,sr the names OF colOr-d men duly qualified, you
would be compelled 10 infer MS guIt auI Ldc Liu Tor
"a, ,heucp ard et MIN repel by PROOF the filr pre-
nniious OF the law against him. IT, on the contrary.
IL small appear that these officers nave srd or onered
- .mm5n when required, iuues without this d-crim-
iTaI az race you would not be authorized 10 impute
this offence them Tor the occasional omission Dus
ngr view 1t a. matter of oversight or accident, and
! NOT done in defiance OF the act OF Congress.
You thus see clearness OF the law, and trust,
taal vour twtrold gatiOns 20 the laws 0 the state
ana oI & fb1s carnce and present twhere found
pTesume every county appurenant to tins court has us
| tsdaIiries for this INJURY. You Will not 60 beyond
these Counties shall slccessiyey ask my other grand
Lures n! II 70 If s4a be- as hope, faithfully done through.
out my whole district, this agency viii tend 70 remove
an. ground OF interference with state courts, End
rr me iu.t suprem emacy ofhe Constitution AMI laws OF
H. rnited S,trs But II this be not done and gh IN
0r.ls like yours turned away from their oaths aud
rair duty by shallow dsqulSlton- on the constitutions
I, ~ those act of Congress, you may depend upon
t YOU are fOmeuing disorders while 'ou do nothing TO
rard the strucOn policy, 10 when your aith as
~ ncopi@ Is plIghted IN the most solemn manner, or
Ibtyari the mission OF the General Government In all
II. departments lye the equal protection of the laws
TO ali s citizens without distinction Besides You are
IN rake tine laws Of Congress they literally stand TIL
! thcv are declared unconstitutional by the Federal
courts.
The testimony before the grand jury being con-
clu,ye of the guilt Of the county judges of five
they found true bills against them and since
+ben the excitement among Democratic lawyers and
nnreeoustructtd negro-haers generally has been IN
tense Judge Bergman Green, the new Circuit
Jpdo. bastened 20 Richmond and Land the matter
before the Governor, the Attorney General and the
legislature whereupon the law making body Of the
state passed rautanzerous set Of resolutions with
/ = buncombe preamble setting forth the doctrine of
state Rights, and characterizug the action Of
Judge RIves as arbitrary outrageous, illegal and
| = usurpation These resolutions We're offered and
engineered through the Senate, where they
| originated, by a Democratic carpet-bagger
from MARYLAND, The bold and manly
/ perfectly amazed the bulldozlng Democracy.
Ii any one DOUBTS for a moment the justice OF the
acts either OF Judge Riyes or OF the grand Jury iet
! him look for an instant at some OF the testimony
! upon which these indictments were found. The
! evidence showed that IN Franklin County negrOs
! name has never been upon the list Of names from
| winch lures are 10 be selected since Franklin has
! been a county. / he same Is true Of Patrick and
| Charlotte Counties. In Pittsylyanla County the
testimony Is that negro has never bee,l on Jury
since the present Judge has been III once ana on
one occasion certainly, perhaps more, mixed Jury
has been asked for by interested parties aud denied
The testimony in the case Of the Henry County
Tndge was that he not only had denied colored men
the right of beng tried by jury composed of their
own color but had openly gwen his reason tor such
| denial; and what was that reason, prayf Simpy,
! NO Niger shall ever SIT on jury III ny court"
! These indicted judges will be tried AZ the next
! term of Judge Riyes's Court, TO be held here IN
! November next. In the meantime tile Attorney
General of Virginia in obedience 70 the resolutions
| of the Legislature, will 20 before the supreme
/ Court of the State, or possibly of the Nation, for
| something-in his own language lie hardly knows
! what