The New York herald., 1879-03-18
TIRGINIA'S JUDICIAL CONFLICT.

TO THE GRAND juicy AT LYNcHDURG-AcTIoS
OF THE STATE AUTHORITIES.
| CHARLOTTESVILLE, March Is. 1879.
| Nothing that has occurred in Virginia since tho re-
construction OF the Southern States has excited the
public mind more profoundly than the recent action
of Judge Alexander Rives of the United States Court
of this district. with reference TO the exclusion Of
negroes from juries in violation. alleged. OF the
fourteenth amendment of the constitution and
the laws of Congress passed to- enforce the
national protection of the nations wards"
The acts OF Judge Rves taking from the custody of
the State courts two negroes convicted of murder
several months since. on the ground that the jury
which convicted them composed entirely Of
whites and the subsequent indictment by his direc
ton. while holding court at Danville of five State
judges OF surrounding counties for alleged violation
OF the statute which forbds any officer of State
court excluding any citizen from the jury box
account Of race color or previous condition of
vice, familiar to the reading public. That
the Judge is not dismayed by the adverse criticism
his conduct not only in the State but throughout
the country is certain. lie has determined to carry
on the war against the offending State courts every
where, and will demand the Indictment OF other
judges who, as he claims. have violated the law.
THE JUDGES COMING CHARGE.
| The next term of Judge Rives' court will be held
| in Lynchburg. beginning Monday next. and
similar charge that which to the indictment Of
the five judges already involved will be given the
Grand Jury there to be convened. The charge will
be delivered on Tuesday. and, by courtesy of Judge
Rves the representative of the HERALD enabled
transmit copy thereof in advance setting forth
fully and accurately his construction of the law. 1t
| is as follows:-
| As to the scope Of your inquiries, they are CO.
extensive with the jurisdiction of this Court
| They cannot go beyond You are restricted to the
statutes of tho United States The warrant for your
findings must be found in them. This results from
the nature OF our governments, State and federal
| Congress ordains laws to define and protect the
operations OF the government of the United States
within the States. To this end it establishes
of its own and intrusts to them the due assertion
and enforcement OF it's laws Every question arising
under the constitution. the laws aud the treaties
| OF the United States Is either primarily or
these respective tribunals, State and federal, keep
within their prescribed orbits and discharge their
whole duty to the laws OF both. there will scarcely be
room or occasion for conflict OF jurisdiction. But
the moment law of Congress is disobeyed in any
judicial quarter the danger OF this collision becomes
| imminent, and it becomes the duty OF all having
power to guard against it to take every possible
precaution to prevent it.
| THE JURY QUESTION.
Under this persuasion and with this view deem
it my duty to call your attention to law of Congress
designed TO secure 20 an persons the equal protec-
in this district has brought the Circuit Court of this
district in conhict with State court apparently to
the disquietude OF the public. allude to an act Of
Congress forbdding, under penalties any discrim-
inaton on account Of race or color to be made by
those charged with the duty Of returning
jury lists. Before doing SO, however would beg
leave to recall to TIN requirements OF your State
laws and consttution-not that you have to deal
with them this occasion but to show you that in
the execution of the act of Congress you not
asked to do anything contrary to them. but only
what Is strictly conformaole to them BY the law Of
the STATE no discrimination is made account
of race or color in the liability OF its cit-
who are enlitled to vote and hold Office under tho
serve as jurors &c. Code of Virginia. chap. 1877,
sec. l. p. 1,05Sl This could not be otherwise
amendment Of the United States constitution. The
former adopted prior to the ratification Of the
latter and It viii be that the guarantees Of the
Bill of Rights quite as strong the language of
| this amendment. 1t is declared as follows:-
That all citizens Of the State hereby declared pos
The political rights privileges of
the iahaSitaa.s ci this s.ato hereby dessred
| not be violated on any protcnce whatever.
This then, is a fundamental provision of your own
State constitution It was adopted by overwhem-
| ing majority on July g. 1859. Following this, on
October 8. of the same year. the formal ratification
of the fourteenth amendment Of the constitution OF
the nation. 1t is in these words
Al persons born or in the United States and
States and Of tho State wherein they reside No state shall
on Of a OF s
any deprive any person Of io liberty or properly
It's jurisdiction the equal protection Of the laws
By the concluding clause of this amendment Con-
pirate legislation. In the exercise of this power Con.
gress has sundry laws to maintain this equality
| of rights and to redress their violation.
PUBLIC AccoMMopArroSs.
Prominent among these acts is the one now de-
sire to give you in charge II is the act of March l.
color, the full and equal i.toyment OF tho
accommodations and privileges of .as, public con-
veyances, theatres and other places Of amusement.
and provides exemplary redress for the denial thereof
But it does not stop here; these the lesser mat
| ters of the law, which, indeed, it scrupulously
guards and protects but it goes further and embraces
the great imminent OF life and liberty III preserv
coSormne to the Grand I resaIp thai yo a aaa
shall be deprived his liberty except by the law of
the land or the Judgment of his peers This act,
therefore, by its fourth clause the lately
enfranchised the inestimablc privilege OF hav-
ing their rights and privileges tried by jurors not
subject to the traditional influences and spirit of
! any caste. This is great. practical good which
this law seeks to secure, and such deserves your
charge you. But, it must bo admitted. its scope is
broader. 1t is well for you to consider its Ian
guage; 1t is in these words
are or may be prescribed BY law shall be dseused Tor
as 81 grand or pe, % in ~ any Of the United
condition Of servadc and any officer other
Jurors who shall exclude or fail 70 summon si.isen os
guilty osnor. anci not mors than $500
1t so happens that, under the state laws the duty
OF making out and returning jury lists is devolvcd
| upon tho judges of the county aud corporation
courts. Code of Virginia. }. chap 157, D. 1o59)
The act in question has, therefore, to deal these
ofccrs. IL is at this point II intervenes, and con-
strains them by penalties to observe these pro-
visions which have naturally grown OF the four
| teenth amendment. The offence. thus denounced,
consists In the exclusion by these officers from
| their jury lists OF qualified citizens because of
| their race. color or previous condition OF servi-
| tudc. The motive makes and constitutes the misde-
mcanor 1t may be difficult to prove. 1t s not given
to you to know what passes in the mind OF another
but, like all unlawful inten;s. the evidence Of ii may
| be found in presumption of facts Where this In
tent has been declared where demand for q lawful
| jury, without discrimination has been refused, the
| be you he
| lievo the witness to the declaration denial But
such indubitable proof may not often be
pected. You must look to the surrounding
| circumstances OF the case and the overt
of the parties to fix the intention of the lalcr
this unlawful exclusion Ii 1t should occur to you
that such officer has by long and unvarying coursc
refused to admit to his lists the OF coiorcd
persons duly qualified. you would be compelled to
accept this conuc evidence OF his guilt to indict
him the ol,nuc aud riXc him tho nnnnrtIIIitx