The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-03-11
STATE AND FEDERAL COURTS.
Tho Supremacy of the Latter Maintained.
WAsIIINGToN. March |.


of Virginia, petitioner.
This was petition for q writ of man
damus to compel Judge Rives, of the
United States District Court for the
Western District of Virginia, to restore
to the State authorities two colored pris-
oners named Reynolds, indicted in the
State courts for murder, and taken by
Judge Rives out of the possession of the
State officials, and held for trial in the
Federal Court on the ground that they
1.-THE prisoners) had been denied in the
State tribunals trial by competent ju-
rors, without distinction of race or color,
or such as the law of the State guaran-
teed to them.
The removal of the case of the prison.
ers to the Federal Court was based on
Section GAL of the Revised Statutes
This court held that the section in ques-
tion has reference to legislative and not
to judicial denial of rights secured by
law, and that the Constitution and laws
of Virginia do not exclude colored citi-
zens from jurics. The petition for re-
moyal did not, therefore, present a case
for removal under Section GAL OF the
Revised Statutes. The defendants in
this case demand that some part of the
jury should be composed of their own
race. The denial of that motion was
denial of the rights secured them by any
law providing for equal civil rights Of
citizens of the United States or by any
statute or by the fourteenth amendment.
A mixed jury in any particular case is
not essential to the equal protection Of
the laws. 1t is a right to which any COL
ored man is entitled that in the selection
Of jurors to pass upon his life, liberty or
property there shall be no exclusions of
his race because of color, but that is a
different thing from what was claimed as
of right and denied in the State Court,
viz: right to. have jury composed in
part Of colored men. From these prin-
ciples it follows that the Federal Court
had no rightful jurisdiction of the case,
and that the writ of Mandamus for the
restoration of the prisoners to the State
authorities must be granted, and the
court so orders. Justice Strong delivered
the opinion.
THE LAW OF WEST VIRGINIA, EXCLUD-
ING NEGROES FROM JURIEs, PRO-
NoUNCED UNCONSTITUTIONAL.
A decision was rendered in the Su-
prcme Court of the United States, this
afternoon, in the case of Taylor Strander,
plaintiff in error, vs.. the State of West
Virginia. The question involved was
the constitutionality Of the Act of the
West Virginia Legislature, excluding
colorcd citizens from jury services in
courts of that State. The court holds
that when a colored citizen is tried for
his life by jury, from which citizens of
his own race are, by State statute, ex.
prcssly excluded, he is denied the equal
protection of law guaranteed by the third
clause of the fourteenth amendment to
the Constitution, and that the State stat
ute denying him the right is repugnant
to said constitutional provision. The
judgment of the Supreme Court of APP
peals of West Virginia is reversed. JUS
tice Strong delivered the opinion, Justices
Field and Clifford dissenting.
THE RIGHT OF REMOVAL IN CERTAIN
CASES FROM STATE TO THE FEDERAL
COURTS MAINTAINED.
The State of South Carolina VS.. James
NJ. Davis. The question presented by
this case is, whether an internal revenue
officer who kills a citizen of State in
self.defence while in the performance of
his duties under the authority of the
United States internal revenue laws is
entitled 10 have his case removed from
the State Court in which he has been
indicted to the Circuit Court of the
United States This Court holds that he
is so entitled that the United States is Il
government with authority extending
over the whole Union; that it can only
act through its officers and agents, and
they must act within the States. If,
when thus acting and within the scope
of their authority, these officers can be
arrested and tried in State Courts for an
alleged offence against the laws of the
State, yet one warranted by the Federal
authority which they possess, and if the
General Government is powerless to in
terfere at once for their protection; if
their protection must be left TO the action
of the State Court, the operations of the
General Government may at any time be
arrested al the will of its members. No
such element of weakness is in the opin-
ion of this Court to be found in the Con-
stitution. If case, whether civil or
criminal, be one to which the judicial
power of the United States extends, its
removal to q Federal Court is no inva-
sion of State domain. On the contrary,
i denial of the right of the General Gov
ernment to remove, to take charge of and
try any case arising under the Constitu
ton and laws of the United States, is
denial of the conceded sovereignty of
that Government over subject expressly
committed to it. 1t is denial of the:
doctrine necessary for the preservation Of
the acknowledged powers of the Govern
ment. The Court concludes, therefore,
that the present case is properly remova-
BILE to the Federal Court, and that the
trial of the guilt or innocence of the
prisoner may therefore be had. Justice
Strong delivered the opinion, Justices
Field and Clifford dissenting.
TIE UNITED STATES COURTS HAVE THE
RIGHT TO ARREST AND TRY A STATE
JUDGE FOR oMITTING TO PERFORM A
DUTY IMPOSED BY A STATE LAW.
WAsHINGToN, March ..
The famous case ex parte the Com
monweath of Virginia and J. D. Coles,
petitioners, has been decided adversely
to the petitioners. This was q petition
for writ of habeas corpus to bring be-
fore this court the case of Judge Coles,
of Virginia, indicted in the Federal
Court for the western district of that
State for violation of the Act of March
4, 1879, in excluding colored citizens
from jury lists on account of race and
| color.
This case grows out of the following
facts: Judge Rives, the United States
District Judge for the Western District
Of Virginia, directed his grand jury,
some time since, to find indictments
against all judges of the State of
Virginia within their district wherever it
should appear that such Judges had never