Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-04-10

ious as to the temper with which
the Judges of this State will accept
the recent decision ofthe Supreme
Court in the Strauder case; he Is
surprised" as l confess l am. at
the action of Judge Jackson in i'm
mediately placing colored men on
jury; out he is in doubt as to
what the action of Judge Hoge
will be. Nay! ventures to say
that he will not conform to the
mandate of the Supreme Court,
and order colored men to be placed
on Jur.es. The "dolbtn of "StO-
rer," as to the action of Judge
Hoge, and the positive statement.
that, with what seems to us a good
deal of assurance he venture"
to make, the Judge will not con-
form to the mandate" Of the Su-
preme Court, ore founded upon
two facts:
First: All the questions raised
and ovei-ruled in the Strauder
case, were raised in the Toliver
case in Berkeley county, and over
ruled by Judge Hoge. Well
Does he suppose that Judge jack
son, whose recent conduct so
"gratifiedv him. would have ruled
differently? and does he not
know that the Judge in the
Strauder case, was Judge Melvin,
gentleman distinguished alike
for his integrity. his learning, and
his pronounced Republicanism ?
But why do / speak of what
"Storer" knows? He seems to
know nothing of the question he
discusses history, or even its
character, not to speak of the linn
itations on officials, Judges, &C.,
in carrying out the law.
The second ground of "Storer's"
anxiety is, that in 4 lecture recent
ly delivered by Judge Hoge. he,
Hoge, expressed his opinion fully
in respect, evidently, to the recent
decisions of the Supreme Court.
This seems to "StoreI' to be mon
strous! He forgets the reception
that he and his political ancestors
gave the bred Scott decision a few
years ago! or the epithets-the
like of which Judge Hoge is in
capable of using-that were then
hurled at the Supreme Court aud
its Chief Justice. But, ah what
difference it makes whose OK is
goredl How can it be possible
that "Storer" cannot discriminate
between judge, performing his
official functions, interpreting and
laying down the law, and of the
same Judge in his private capaci-
ty, forming and maintaining
his opinions between the Judge
on the bench, and the gentleman
on the Lecturers Rostrum ? If
he cannot then we are sorry for
him.
But will "Storer" please tell us
something about this mandate"
that he is afraid-nay, that he is
assured will be disregarded? We
do not doubt the Judges of West
Virginia would be grateful for the
information. Again: Mandate, or
no mandate, will he tell us what
provision of the law of the State
authorizes a Circuit Court Judge
to interfere with juries? But l
am wasting words; there is no
such provision. A Judge in this
State has no more 10 do with the
constitution of the jury panel
than has the man in the moon.
"Storer's' trashy misquotation
of Judge Hoge's lecture shows
that he speake at second hand, and
did not himself hear the lecture.
We regret this. 1t would have
taught him many useful things.
AS argument after argument was
poured fourth in sanctity OF the
law. and of the necessity of obedi-
ence to law; as mob law was de-
nounced, and people were invoked
to stand by the constituted author
tiles of the State, it seems to US
that "Storerp would have thought
twice before he ventured into
print with a very foolish attack
on the last man in the State open
to it,"