New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-03-13
NDLLIFICATION .4G1IN

!
The Legislature of Virginia devoted its last
hours to Il quarelsOme debate over a recent
| decision of the Supreme Court OF the United
| ST ties. The preamble and resolutions OF the
| Senate, which gave rise to the discussion,
have been adopted, and the state has placed
| itself upon record as decidedly against The
Court" and ANXIOUS to lead general Southern
I movement for the notification of its decisions.
| Virginia believes that if the recently enuncl-
ated doctrines relative to the Constitutional
amendments and the Federal laws enacted
for their enforcement are allowed to stand,
| the very existence of distinct State soveT-
! eighties will be threatened, and Congress will
be able to coerce the State Judiciaries Legis-
latures and Executives. Hence Virginia in
vites all the States to urge upon their Sen
ators and Representatives in Congress the re-
peal of the obnoxious laws.
The text of this invitation is the case of
Judge Coles. This Virginia magistrate disap-
proved of the Civil Rights amendment and
of the act Of Congress which prohibits dis
elimination on account of color in the selection
of Jurors He therefore determined to disObey
the law, and when he was prosecuted for the
violation he insisted that as q State officer he was
not amenable to the jurisdiction of the
Federal tribunal. The Supreme Court has de-
cided against him. 1t has pronounced the law
which he refused to obey valid and cOnstitn-
tional 1t has declared that even State Off
GERS are bound by the laws of the United
States, and may be punished if they break
them. And thereupon the Virginia Senate
clamors for the repeal of the statute which
gives practical effect to the constitutional
Al. .I,n garf
their sovereignty with impunity, by refusing to
submit to an authority which the highest Court
has declared to be legitimate The exclusion
Of negroes from the jury-box has been finally
defined as a violation of the Civil Rights
amendment Well, says Virginia. we cannot
unsette that, but we intend to exclude ne
groes all the same, and therefore we demand
repeal of the penalty for excluding them.
Our sovereignty must not be cOerced.
Several schemes of the same character have
| been introduced in Congress A bill has passed
the House to restrict the removal of causes
from the State to the Federal Courts and the
plan of the Democrats for dealing with the
election laws evidently is to take away so
much of the authority OF the supervisors and
marshas that the State election officers can set
the Federal statutes at defiance without serious
inconvenience. Mr.. Bayard has reported a bill
to legIslate all the present chief supervisors out
of office, to take away the power of appointing
these functOnaries from the Circuit Courts.
and to require that in future they shall be
named by the President and confirmed by the
Senate and shall hold Office for only two
wears. 1t is easy to foretell the effect
of such O change. The place of chief
]
part of the patronage of the Senate;
under the ruling practice of that body nOmi-
nation will never be confirmed against the
| wishes of the Senator to whose territory it is
suDposed to belongs and in the South we
shall have the grOtesque spectacle of the bull
dozer guarding the purity of the polls, the
wolf set to watch the sheep-fold. If the OFF,
Ger is to be Of any use in preventing fraud,
| if is essential that he shall nave experience in
his peculiar duties. But the Democracy are
determined that he shall not be of any use,
and therefore bis term is limited TO two
years.
| The niarshals moreover, are to be crippled
IN the power to make arrests. The present
law provides that marshals and deputies at
the rolls AID registration places may arrest
offenders "with or without process" but only
for. offences committed in their presence.
If they are 10 be of any use in
the prevention of illegal voting, of
forcible interference with election officers.
or of mob violence to lawful voters, or of riot.
or of the hundred other forms of outrage by
which elections have 50 often been vitiated,
it is essential that they should have power to
make summary arrests But Mr.. Bayard's bill
proposes that they shall do nothing till they
| have obtained warrant. lie takes from
Them an authority which is commit
ted to all officers of the peace. Any
policeman. constable or sheriff, nay, any
citizen. can make arrests without a war
rant for offences committed in his presence.
| Il is only when the fairness of an election Is
distmbsd. when the night Of the citlzel to
vote and to have his vote counted Is invaded,
that the Democratic party, which lives by
frauds upon the suffrage, thinks it dangerous
TO trust the marshal VITA the ordinary powers
! OF a constable.
The determination that the United States
shall be rendered helpless TO enforce its own
laws is a significant manifestation of the State
sovereignty spirit which caused the Rebellion,
and survives AppOmattOx as malignant as ever
J 10 the Bourbon statesman the United States