Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-04-03
Under Which Law.
The United Siai's Supreme Court Decisions
and on Hest TryiHta Circuit Judges.
Editors hieUiqsncer 4:

thc temper with which the West Virginia Ju-
dietary will accept the recent decisions If the
Uuited States Supreme Court in the S,rauder
aud other cases.
To the surprise and qualification Of many Of
us. Il oprears that Judge Monroe Jackson, Of
The Parkersburg Circuit, broadly aud frankly
met all these decisions; and in a recent case
where a culorcd man was on trial he is said to
have ordered mixed jlry without waiting
% hear from tue Legislature OF the Court of
Appeals.
IN this circuit we are in doubt as to the ac-
ton Of our Judge. All the questions in the
Strauder case were raised before Judge Hoge
10 the Tolivar case in 1874 aud oyer-rued 10y
him, aud in several subsequent cases when the
same points were presented pro torma to get
them on the record bis rulings were unchaug-
ca. Now that they have beeu reversed by the
Supreme Court what are we to expect? VIII
Judge IIoge yield To- this high tribunal and at
his approaching courts o. commence for the
spring circuit, on the PSI instant ia this coun-
az lJeiiersoul conform bis action 10 its man
date ] venture 10 say be Will not-and for
this reason. Judge Hoge lectured 10 Charles
town on the instant; aud. | understand,
ANAtNl tN eiAN N+ ia lNiNN ett'af N't.'t'
from 81 Judge, n most reprehensibe fling at
the United States supreme Court. have
heard his language quoted differently by DIFF
fcreut persons, but | understand he distinctly
said referring 10 Lat tribunal that the slhc-
tuary provi lel by tie constitution for the pro-
lection Of citizens aut Sfatcs against executive
oppression (Nhatcver that may hel aud con-
grcssioual outrage, lad been polluted IS sac
religious and 10. piaus footsteps; aud tia; par
81 had usurped Tie seat ~ justice aud pro-
nouuccd the doom &c con s'itutiurai rights. &c.
I 20 20, pretend TO give ihe words, hut what
ever the attractive rhetoric 10 which the d., "a
ration was yelled, | DO give lie snHs.ance and
meaning, am sure. Now, as We are Ignorant
Of the process by wh:ch-aud The time when
the law Of .ae Supreme Court is TO be made
paramount % The decisions Of The State courts,
? il is question Of deep interest TO the colored
citizens Of West Virginia 10 learn how their
rights are to be secured to them.
According 90 Judge jackson at once but
thc Hon Judge John Blair lIoge seems t.
need some further Information. How, when
and where is he % get II? In contingency
like this think the judgment Of tie press
may te wisely invoked, and its opinions freely
declared
y. e all recognize its infu nee aud we believe
that, in the recess Of the Legislature and The
necessary silence Of the Court If Appeals, il
can control the State Judiciary so far as tC
prevent it from multiplying the supreme Law oil
the land and perpetrlting great wrong upon
Que class of citizens. STORER.
Harper's Ferry, March y, 1880.
Perhaps it would give our readers Il
better idea of our opinion Of tie above COM
muuication from the Wheeling iatslligeacer Of
the 26,h ult to place it before them on its own
merits lor demeritsD without critcism-treat-
iog it with silent contempt. We had the
privilege Of being a close listener to Judge
H0ges admirable lecture, and can testify that
be neither uttered nor implied any such senti-
ments as those imputed to him by the HsteHi-
cncg's correspondent. The principle object
Of the lecture was to implaut feelings Of rever-
cuce for aud obedience 20 the Laws, either as
prescribed by Statute or decreed 10y the Courts,
and it would be strange, indeed, if he had al
lowed himself to indulge in any structures or
carpins criticisms on any Of our legal iuS,itu-
tious, whether Of the State or Nation. 1t is
true that, 10 the course Of lis lecture, while
discussing the obligations Of Government as
relating TO those Of its ubjects-mcmbers Of
society, Judge IIoge ALLUDED to various iustan-
ces 10 which its agencies fail in the discharge
Of those duties aud. as was to be expected.
spoke Of the recent decisions Of the Supreme
Cour, as likely 10 effect an entire change in the
whole workings Of Republican government
aud speaking Of that tribunal be termed it the
Sanctuary OF the citizeus for their protection
against oppression, and put tie question to
his audience whether that sanctuary had not
been invaded, inpiously and sacreligiously-
leaving tie question to be answered by those
who heard il. We think there is little doubt
in tie mind Of any one Of that large assembly
as to the true reply to that question. Does
the mere fact Of a citizens occupying the Office
Of Judge forbid bin from forming or giving
utieraacc to an opinion upon such matters Os
these Which are Of vital importance as concern
ing ihe stability Of our institutions? Cannot
De De allowed to utter a protest against DEGREES
which he may conceive to be opposed to ideas
Of Justice and the liberty Of individual men,
bors Of society? Mr.. Justice Fields express
sieus ofopiuion have been recorded in uuiadiug
characters among the archives Of tie Supreme
Curt, aad surely others, in positions less ex-
allied, it is true, but deeply affecting the wei
fare Of the people, are entitled to hold opiu-
i,rs q their own on these vital topics. \
Judge nay dissent from any statute which is
10 force, AID yet not feel authorized to fail ia
bis enforcement of it; he may discharge bis
official Obligations, accepting tie reuderings Of
those superior in authority, aud yet not feel
bound TO agree 10 sentiment with those deci-
s.ors Il Mr. Justice Strong proclaim deci-
sion 10 which tle Circuit Judges Of West Viz
gilia CT any other State cannot fully concur,
they may still accept and enforce these deci-
sious when necessary.
As to Judge Hose personally, we have only
10 say. that Tor more than seven years during
which be las served with eminent ability the
third circuit ia the Judicial capacity, be has
not, 10 fact or ID the estimation Of risht-tLiuk-
fro r,a.rtta afl,,rr.l .lo ,iiritos4 d;e,r,,. -