The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-03-06
Conflict Of Authority Judge Rives and
the State Courts.


the State Courts.
On the 25th ult., Judge Rives, OF the Wes-
tern District Of Virginia, in his charge to the
Grand Jury, at Danville. Va, among other
points presented. said
eConflcts between State and Federal
courts are caused by violations OF law OH the
part of State Judges. The fact that colore(l
men are seldom seen on Virginia juries rails
ed the presumption that they are on ac-
count of race, ETC., Left off OF the list Of
names furnished to sheriffs by corporation
and county judges from which to draw ju-
ries. This is a violation of the laws of the
laws of the United States, and whenever
colored men are habitually left OF; these
lists there was prima facle evidence that
they are so left off on account OF race, etc.,
and thus is perpetrated a wilful violation Of
law, and hence it is the duty of the grand
jury to inquire into this matter, and when
ever the facts justify it present these Judges
for Indictment and punishment in this
court.''
The following are reported by telegraph as
the proceedings in the court on the 9th:
The grand jury Of Judge Rives' court has
to-day indicted the judges of the courts of
five counties, namely: J. D. Coles, OF Pitt
sylvania; S. S. Mullins, OF Henry; G.. II.
Bernard, Of franklin; Sam. G.. Staples, of
Patrick, and T. r. Bouldin, OF Chorlotte.
The charge against them is the violation
of the civil and legal rights of citizens. The
specification is that they have withheld from
negroes the right of serving on juries, there
being in their respective counties negroes
competent for jury service.
The facts we're proved by the Common
wealth's Attorneys for the several counties.
The indictments were made in accor dance
with Instructions from Judge Rives, who, in
answer TO the question from the jury, "What
is to be taken as evidence of criminal in
tent?" replied that if it were proved that
there were negroes in county competent
for jury service, and that the county Judge
had not had any negroes on his juries, that
was sufficient evidence OF criminal intent.
Judges Barksdale, of Halifax, ane Aiken,
Of Danville, had had negroes on their juries
from time to time, and that was satisfactory
to the grand jury.
None OF the parties indicted have yet been
tried, and it Is not known what they will do.
1t is presumed they will act in concert.
In the Senate Of Virginia, on the 2sth, in
view of the proceedings above reported,
General Bradley 7. Johnston presented the
WHEREAS. Five judges of this Commonwealth,
to-wit J. B. Coles, of Pttsy lvania S. j. Muliens,
OF Henry; G. H. Bernard, of Franklin; S. G. Sta
pies, of Patrick, and T. T: Boudin. OF Charlotte,
have been indicted in the Circuit Court of the
United States for the Western District of Virgin
Ia for the alleged offense OF failing to execute the
laws Of Virginia. which action of said court is
usurpation and an exercise of unwarranted pow
er therefore,
Resogced blythe General assembly of Virginia, That
the Attorney General is hereby directed to take
proper steps to bring the Aforesaid proceedings
to the adjudication OF the SUPP eme Court OF Vir-
ginia or the Supreme Court of the United States,
in order that such lawless measures may be
checked by competent authority and he is like
wise directed to appear at once in behalf of these
and all other citizens OF this Commonwealth who
may hereafter be seized and held contrary to law
by any Federal court or Judge in Virginia.
2. The Governor is hereby authorized to employ
necessary counsel to assist the Attorney General
in proceedings undertaken under the direction of
this resolution.
8. That the representatives in Congress from
this Commonwealth be requested to move the
House of Representatives of the United States for
committee to inquire whether Alexander
Rives, Judge of the District Court of the United
States for the Western District of Virginia, hold
ing the Circuit Court of the United States for that
district, has not been, and is not now, usurping
judicial power for the purpose of bringing about
an unnecessary conflict between the authori les
OF the State of Virginia and of the United States
in the enforcement Of the criminal laws OF the
State of Virginia within the said district thereby
endangering the harmony peace and good order
OF this Commonwealth.
Mr.. Johnson moved to suspend the rules
so as to consider. the resolutions to-day.
Agreed to-ayes, 81; nays, none.
Mr.. johnson explained the object and
scope Of the resolutions, and argued in ad-
vocacy Of making the issue contemplated at
once.
General Johnston addressed the Senate in
some explanatory and revolutionary re-
marks in support Of the resolutions.
Mr.. Brooke moved to refer the resolutions
to the Committee on Federal Relations, and
argued briefly the Importance of considering
carefully the grave question involved in the
matter. Mr.. Daniel sustained the resolu.
tions and wanted immediate action.
Mr.. Brooke's motion was voted down, and
the resolutions passed, with but two dis
senting.
In the House, at the night session, Mr..
Fauntleroy, from the Committee on Federal
Relations, asked for a suspension of the
rules, in order to consider the resolutions
above given. The rules were suspended, and
the resolutions passed without debate.