The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-03-11
STATE ARD FEDERAL COURTS,

IYAsHINaroN- Afarch !

preme Cour. Of the United States to-day
in tue case of fe2 parte tho Commonwealth
| of Virginia, petitioner.
| This was Ii petition for q writ cf man.
damus to compel Judge Rives, of the
United States District Court for the
Western District of ViTgir.m, 70 r. 'ore
TO the State authorities two coiore, ris.
oners named Reynolds, indicted 1.-THE
State courts for murder, and taken by
Judge Rives out of the possession of the
State officials, and held for trial in che
tedei'l Court on tho ground that they
lthe prisones) had been denied In tho
State tribunals trial by competent in.
rors, without distinction Of race or color.
or such as the law OF the State guarrn'
iced TO them. M
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 cues.
ton 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 juries. The petition for re.
moyal did not, therefore, present q case
for removal under Section Gal of the
Revised Statutes. The defendants In
this case demaro that some part of the
jury should be composed OF their own
race. The denial Of that motion was n
denial of the rights secured them by sny
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. It is q 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 O r
his race because of color, but that is n
different thing from what >was claimed as
OF right and denied in the State Court.
VIZ: right to.have q jury composed in
part of colored men. From these prin.
ciples 1t follows that the Federal Court
had no rightful Jurisdiction of the case,
aud 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
tho opinion.
THE Law OF WEST VIRGINIA, ExCLUD-
ING NEGROES FROM JURrEs, PRO.
NoUNCED UNCONSTITUTIONAL.
A decision was rendered in the Su-
preme Court of the United States. this
afternoon, in the cass of Taylor Strandar.
plaintiff in error, vs. the State of West
Virginia. The question involved was
the ccnstitutionallty of ths Act Of The
West Virginia Legislature, excluding
colorcd citizens from Jury services in
courts of that State. The court holds
that when a colcred citizen Is tried for
his life by jury, from which citizens of
bis own race are, by q State statute. ex.
pressly excluded, he Is denied the equal
protection of law guaranteed by the third
clause OF the fourteenth amendment 10
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 Ar
peals OF West Virginia is reversed. JUS
tice Strong delivered the opiniar, Justices
Field and Clifford dissenting.
THE RIGHT OF REMOVAL IN CERTAIN
CASES FROM sTATE TO THE FEDERAL
COURTS MAINTAINED.
The State of South Carolina va. James
Al. Davis. The question presented by
this case is, whether an internal revenue
officer who kills 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 TO have his case removed from
the state Court in which ne has been
indicted TO the Circuit Court of the
United States. This Court holds that he
is 80 entitled; that the United States Is a
government with authority extending
over the whole Union; that it can ONLY
act through its officers aud agents, and
they n,nst &C. Within; ~i..; s!ie States. Il,
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 ~hich they possess, and if the
General Government is powerless to in
terfere ct 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 at the will OF its members. No
such element of weakness is In the opin-
ion of this Court to be found in the Com
shtution. If case, whether civil or
criminal, be one toawhich the judicial
power of the United States extends, ito
removal to a Federal Court is no :nya.
sion OF State domain. On the contrary,
denial of the right of the General Gov
eminent to remove, TO inkp charge of and
try any case arising under the Uonstitu-
ties: end laws of tho United States, Is e
denial of the conceded sovereignty of
that Government over subject expressly
committed to it. 1t ID denial of the
doctrine necessary for the preservation OF
the acknowledged powers Of the Govern
ment. The Court concludes, therefore,
thst the present case is properly renoya.
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.
THE UNITED STATES COURTS HAVE TUE
RIGHT TO ARREST AND TSY A STATE
JUDGE FOR OMITTING TO Perform
DUTY IMPOSED BY A STATE Law.
WAsHISGToN, March 2.
The famous case ex parse tEo Com.
monwealth Of Virginia and I'D. Coles,
petitioners, has been decided adversely
to the petitioners, This was patitioa
Ger writ of habeaa cnrpus tc hing ks-
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 ont of the following
facts: Judge Riyes, the United States
District Judge fer the Weston: District
of Virginia, directed his ,;rand Jury.
some lime since, to find indictments
against all judges of tho State of
Virginia within fheir diatPiat ,ebarax,ay. ;t