The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-03-18

THE UNITED STATES DISTRICT COURT-THE
COUNTY JUDGE S- ATTORNEY GENERAL
FIELD ADDRESSES THE COURT AND RETIRES
FROM THE CAsEs-THE RICHMOND AND AL.
LEGHANY RAILROAD-SURyEY COMMENCED
CITY COUNCII-THE WATER QUESTION-ST.
PATRICK'S CELEBRATION.
(Corres pondence Of the Richmoai Dispatchl
MARCH II, 1880.
The United States District COurt-Judge
Alexander Rives presidiDg-is now in SEES
sion in this city. The Judge, in opening court
Yesterday, delivered a very brief Charge TO
the grand jury, instructiDg them 10 inquire
into all alleged violations of the laws Of the
United States. That body retired, and at
the evening session brought in indictments
against the following persons: The United
States Us. Wade Walters, for passing coun-
terfet coin; same Us. Thomas Rady, for
same; same as. John w. Turner, for pass
ing counterfeit notes; same Us. Sophia Har-
ris, violating the postal laws. The grand
Jury was then discharged. This morning
the cases OF
THE COUNTY JUDGES
were called up, and Acknowledgement Field
address ed the Court as follows:
MAY it please your Honor, by joint
resolution OF the General Assembly OF Vir-
ginia it was made the duty Of the Attorney
General of the State TO defend the county,
court judges. " no had been indicted IN this
court and arrested upon the warrant OF your
Honor from what was then believed TO be
an illegal arrest and prosecution; and also
TO test the validity and constltutionality OF
the law of Congress under which the in
dictment had been found and the arrests
made. Judge William j. Robertson was
employed on behalf Of the State to aid me in
the litigation nee ssary for the purpose OF
testing the validity OF the aforesaid act OF
COngiesS. A test case was made Of Judge
j. ID. Coles, and petition was filed IN the
Supreme Court Of the United States in the
name OF the State OF Virginia, and also in
The name of Judge Coles, praying for writ
of hubeds corpus, and for Judge Coles's
discharge from what was alleged TO be an
illegal arrest and confinement. Upon the
said petitions the case was deliberately ar
gued and fully heard upon its merits in
October last.
ION the 1st day OF the present month the
judgment Of the Supreme Court was rem
dered. Justice Strong delivering the opin-
ion Of the majority Of the Court. BY this
decision OF the Supreme Court it was deter
mined that the act OF CONGRESS under which
the county-court judges were indicted in
your Honor's court and subsequently ar
rested was constit utional and valid. Recog-
nlzlng :be Supreme Court as the ultimate
tribunal for determining the validity Of the
acts OF Congress, and Of constituting the
same. and that il is The duty OF the States
aud OF State officials TO accept the decisions
OF the Supreme Court as conclusive
upon these points, feel that ! cam
not maintain before your Honor that
the indictment aud arrest Of the county
court judges are Illegal, a0d that said
judges are now 'held contrary TO law;
that my further appearance a, Attorney
General in defence OF SAID judges would
he outside Of the aforesaid joint resolution,
and would seemingly put nv State in the
position OF resisting the execution OF an act
Of Congress declared valid by the Supreme
Court, and in justifying her county-court
Judges in disregarding and violating the
laws of Congress. i am sure my State Is
not willing to occupy such position be-
lore the county, and / certainly am not
willing, in the absence OF q legislative re-
quirement, to take the responsibility OF put
ting her 10 II. We may not agree with the
policy OF Congress in enactine, or with the
ruling Of the Supreme Court in constituting,
the act aforesaid, but as one is the law-re-
solving and the other the iaw-interpreting
power ours Is clearly the duty OF submls-
sion.
"Could disconneet my official from my
private character, would most cbeerfuiIy
place at the service OF tue indicted Judges
upon the trial Of the question OF their guilt
or innocence whatever of professional
learning and ability may possess. But to
attempt THIS, AN sure. would be the
source OF DEMONSTRATION. l therefore
Deg your Honor's permission to retire as
the Acknowledgement OF Virginia from all
iurlher connection with these prosecutions,
feeling assured thpt the noble GEM rosity OF
nv professional brethren will not permit
Tue counfy'court judges Of Virginia t. go