Richland beacon., 1880-06-05
judge Fields Dissenting Opinion In
the Coles Case.
from holly Springs Miss. R.porter.l


which have been made among English speak
ing peoples have come from a supple and par
tisan judiciary. So, too, the noblest stands
made for the cause Of free government have
been by the Bench. Without going back to
cite tho historical illustrations familiar to
every reader, it sufices now to say that such
o crisis is upon US. The centraizng schemes
Of the Republican leaders and the imperial de-
rigns Of General Grants partisans more or less
undisguised, have taken definite shape in
various recent decisions of the Supreme Court
Of the United States, which, Ly the voice of a
majority Of its judges. has practically reduced
the sovereign s.ates of this Union TO provin-
eial dependence on the general Govern nsnt,
unknown, unheard Of. undreamel Of, in the
past. Our system Of Government has under
gone revolution by the silent process Of Ju-
oicisl decision, which If not reversed in the
most explicit and authoritative way, ends,
once and for all, the beautiful and harmonious
equilibrium of our Fedcrative system in q
centralized despotism. 1t REQUIRES self-con-
troll not to characterize this monstrous conspir-
acy in tho terms Of opprobrium which it de-
serves. 1t is enough to say that the vcnal and
courtier judges OF the S:uarts from Noy to
Jehreys, never struck a more fatal blow at
liberty or constitutional government. Two
judges, Field and Clifford, the former giving
the opinions and the latter concurring, have
stood up like men for the Constitution Of our
fathers and our Traditional rights as frecmen.
Judge Fields opinious have in them the ring
OF the Revolutionary patriotism Of 1875. They
will DO important chapters in that new book Of
liberty, which will be written against traitors
in the next few years. His sentences strike
the key note TO which freemen must respond.
The dissenti1g opinion of Mr.. Justice Field
In tho matter Of j. d. Coles and the Common
wealth Of Virginia, petitioners for the writ
OF habeas corpus, given at the October term Of
the Supreme Court will long stand as land
marx Of American liberty. 1t is . document
which deserves the attention not only Of the
legal profession but of every citizen.
These are the substantial points of this lead
ing case as presentrd by Judge Field. In
Virginia, all male citizons between the ages OF
twenty one and sixty who are entitled to vote
and hold Office are liable TO serve as jurors.
The judge of each County Court is required to
prepare annually list of such inhabitants of
the county not exceeding three hundred in
number "as he shall think we'll qualified to
serve rs jurors, being persons Of sound judg-
ment and from legal exception" These
names are to be written on separate ballots and
placed in box from which the Clerk is to
draw the jurors. The law Of Virginia makes
no discrimination against persons of color.
The judge is required to select persons " we'll
qualified to serve as jurors" of as sound judg-
ment to" free from legal exception" Whether
they possess these qualifications or not is left
to the judge to determine and for the manner
in which be discharges this duty. Judge
fields holds that he is Irresponsible only to
tho State whose officer he is and whose law he
10 bound to enforce"
The petitioner J. d. Coles is the Judge of the
County Court Of the county of Pittsylvania in
Virginia and has held the Office for some years.
1t is not pretended that in the exercise of his
judicial duties he has ever selec' ed persons ar
jurors who were not qualified 10 serve in that
character, or who were not Of sound Judgment
or who were not free from legal exception, yet
he has been indicted in the District Court Of
Of the United States for the Western District
OF Virginia for having on some undesignated
day in the year 1873 excluded and failed to
select as jurors citizens of the county on ac-
count Of race. color and previous condition Of
servitude. The Indictment does not state who
these citizens were, or set forth any particulars
OF the ohense, but charges it in tie general
words Of definition. The District Court is
sued bench warrant upon which the Judge
was arrested and refusing to give bail, he is
held in custody. ThereuIo on he petitions for
q cerfiOrari to that court. and for a writ Of
habeas eorp"s, alleging that its action was
without jurisdiction and his imprisonment un-
lawful. The Common wealth Of Virginia has
also presented q similar petition, declaring that
she is injured by being deprived of the services
of her judicial Officer by his unlawful arrest and
imprisonment.
This Indictment is founded on the 4tn Sec
tions of the Act of Congress on March /, 1875,
which declares "that no citizen possessing ali
other qualifications which are or may be pre-
scribed by law, shall be disqualified for grand
or petit juror in any court Of the United States
or Of aiy State on account Of race, color or
previous condition of servitude and any officer
r other person charged with any duty in the
selection Of jurors, who shall exclude or fail to
summon any citizen for tho cause aforesaid
shall on conviction be deemed guilty of a
misdemsanor and be fined not more than five
thousand dollars. .
Judge Field maintains that the court ex-
eeeded its jurisdiction-lst. because assuming
that the Act Of 1875 is constitutional and valid
legislation, the indictment describes no ofFense
under it, but is void On its face, and -, be.
cause that Act in. thesection cited, 50 far as H.
relates to jurors in the State courts is unconst-
tutionsl and void. -
language Of the statute : It AYERS that the de.
fendant excluded and failed to select as Jurors
on account Of race, color, etc., certain citizens
oi the county possessing all other qualifications
prescribed BY law but it names no citizens
Who were thus excluded, and designates no
specific traversablc voGepsc. IL is. essential to
. valid indictmeht lbatft sXoJdbet forth the
ofsnse with sush, pAnichlarS \ time, plaee and
person, that the accused may know the nature
Of the charge aid be xhle u prepare to meet it.
1t Is not enough to 4ePeat the ds6njtiou Of the
oGense in ths generif Ian saase q the statute
and then aver that the defendant has been
guilty Of the defense thus defined, without
other specihcation.g The iconNitution strikes
with nullity all speh vogue accusations. 1t
declares that the accused shall be informed Of
the nature and cause OF the accusation against
him, and this means that all the sssential in
gradients Of the ofenss charged must Be stated,
embracing'~i rPsasonabls certainty the par
ticulars Of time, place and person or property.
The trsatisss Of bishop aud Archbold and the
decision Of the United States Supreme Court
in the Cruikshsnk case are citsd to uphold this
position Of Judge Field, which really appears
tO be unanswerable..
Judge Fields second position 10 that the 9Th
Section Of ths>Aebof l6g 5 20 far - il applies
to State Courts is uncons nstitutional snd void.
Previous to the lata amendment, he rsnarks,
it would not have bssn contendsd that Con-
grsss was vSstsd NTH any power to exercise
supervision over the conduct Of State ofscsrs in
the discharge Of their duties under the laws Of
the State, and prssoyibs ssp~sishnsnt ior dis
its directions. II would have been