The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-01-09
Judge Riyes, Opinion.

The following calm and considerate art:-
Gle is taken from the Danville Meas OF the
I'd. We cannot too highly commend the
spirit which peryades it, and the evident de-
sire to deal fairly with the delicate question
to which it refers The fustian and furry
of Bradley T. johnson and Congressman
Cabell, seeking little cheap notoriety, will
soon wear out, and men and statesmen
aiming to do right will, with becoming dig
nifty and sincerity, dispose Of the issue,
The Neacs, under the caption of s'Judge
Treadway's Letter." says: srF
Whilst the grave and intricate question in
volyed in the proceedings Of Judge Riyes in the
master of removing the cases OF the REYNOLDS
negroes from the State court to the Federal are
under consideration by the executive and legis-
lative branches of our State government, we have
deemed it proper to refrain fiom any idle discus
sion Of the subject. Mere newspaper denuncia-
ton OF Judge Rives for his interposition can
effect nothing whatever towards a settlement of
the difficulty, and moreover. in our judgment, is
wholly undeserved. We are not the partizans of
Judge Rives, and with due respect, we NAV add,
not the admirer either of his public career vet
we have not permitted ourself to become so
blinded by prejudice as to do him injustice. He
was placed by circumstances in highly respon-
sIDle and novel position. There was a law passed
by Congress, intended to afford recourse to the
=
cases prescribed, and this was the first case in
which this law had been appealed to- The Dro-
VISIONS OF this law are mandatory upon the Fed
eral Judge, and the only discretion allowed him
is in determining whether any given case fuIiIs
the conditions indicated in the statute requiring
him to lnterpose In determining that question
1t would be but only usual Ito give the prisoner
the benefit of the doubt
These negroes had been on trial in the circuit
court OF Patrick county, but their cases were not
concluded. During the trial the counsel had
taken the steps required by the Federal statute
TO OBTAIN the removal of their trial to the Fede-
raj court And when Colonel Martin and Mr ~
brook, their counsel, filed their petition in Judge
kiyes court the only question for him to decide,
tnen, was whether the Federal statute was appli-
cabl. to the case presented. Colonel Martin and
MT; Lybrook insisted that it was and no member
granted the prayer OF the petitioners and caused
the process OF his court to issue as required by
the Federal statute; That is the present status
OF these cases, and they will so remain turitiI
Judge Rives comes here to hold the February
term OF mis- court when further proceedings may
OF law, as we said when first reporting the case,
and has nothing whatever to do with current pol.
the great issue which has underlaid ali the con.
tests between the great parties OF this coun.
try since the days OF Hamilton and jefferson,
namely, community independence or an omnipo-
tent Federal government. Judge Rives is BY ed
ucation and training schoolman of the latter,
doubt, to this fact. Why denounce him then for
conduct which at least was certainly consistent
The appearance OF Judge Tredway's letter to
the Lynchburg Nsaos is the occasion of our pres
emit reference to the subject. We publish this
letter this morning and refer the reader to it for
self TO express them. We cannot agree with him
in one portion Of his views. We do not think that
Federal officers, acting under the orders of Fed
eral court, can be properly called "a mob" and
that their removal of these prisoners from the
custody OF our State authorities to that OF the
Through the agency of mob" The law ques-
tions involved are certainly novel and. we think,
none more important were ever presented. The
M ffnrro 10 Rvof
to whether Judge Rives has properly cor strued
the Federal statute IN applying it to to these
constitutional or not I? Any mere opinion we
might hazard on either OF these questions would
be worthless, since they are both to be decided,
tation The Legislature and the Governor have
the matter now under consideration and we are
bout it.