New-York tribune., 1880-03-02
SUPREME CoU87 DEclsloyy.
TIE CoNsTlrUrl0NAL ANENnlrYls-

! IHE CDNSltlU IibAAi AMEN fHEEfS
! COLOHiD MEV on JCRlFs-rgE TATE AND IT.,
ADNINI>TrAriyE OFFICERS BOcAD TO CON.
FORM 10 rHE C0NsuT91I0N.
WASHINGTON, March 1.-The United States
superior CoW. convened to-day att,r recess Of fou,
vee1s and devoted Inc entire afternoon to the rcads
/ OF opinions.
Among them the following IN relation 10 tho
ciect OF the constitutional Amendments:
No. 7j3 Taylor Suauder agst. the State Of West Viz
lnIa u error tDthc supreme COut Oi Appeals Cl West
gro, was indicted IN the Circuit Court OF o6io
County, West r.1na, In October, 1874. FOR murder
its removal 10 the Unied States Circuit Court
uron the ground that the exclusion OF coor,d
citizens rom Judges by me act Of te stare g,ature
OF March II 1858, WAS virtually denal of Gi- igit
the equal protection OF the laws His petition was de-
med the case went 10 trial. and be was found guilty and
sentenced UuOn appeal the Supreme COnrt Of
Appeals OF West Virginia affirmed The Judgment
the case was en brought here upOn writ OF error tho
plaintiff maintain thar the Act OF tire State
Legl ature which excludes cOored men from iuries 10
In violation OF the Fourteenth Amendment to the Cons
tuition and that he was entitled to have hs removed
to the Unlted States Circuit Court
This Court, after considering the Fourteenth Amend
meni--ts nature, intention and scopc-holds:
girSt-Ihat the statute OF West virginia, which in
effect singles ont and denies to eolored citzens the
rght and privilege OF partic'PnimG IN o..s the
Of their color. though qualified IN all other
respects, Is practically brand upon them affixed by
the law and Is discrimination aganst that race for
hidden by the amendment lt is denial Of The equal
Second-ThaI where as here the State statute secures
20 every white man the rgnt Of trial by jury,
selected from, and without discrimination against his
race ana at the same time permits or requires sgs9 @ as
The latter Is not equally protected by law VITA the
Third That Section GAL ofthe Revised Statutes is not
in conflict with the Federal Constitution. The
Judgment 6d Of ne Lower G rsyaeq S Tse
ONO County. Justice Strong delivered opinion
Judges Clifford aud Field dissenting
JUDGE RIVEs NOT STAINED
No. 3.-Orignal; parte Commonwealth OF
Virginia, petitioner This was petition for
writ OF nam ma1damgs to compel GS. Judge i
Western Distfict OF Virginia to restore 10 the State
authorities cOlored prisoners, named ReynO d, IN
,iccd IN the state Courts Tor murdor, aud taken by
and held for trial In tie Federal Court, ON tne
ground that they Che prisoners had been de-
med. IN the State tribunals, such rial by
competent Jurors without distinction of race or COLOR
me laws Of the state guaranteed 10 them The action
Judge Rive IN removing tie Of the prisoners to
the Federal Court, was based on section 64l 0i The Re-
Tbs Court, III a long and carefully prepared opinion
hy Justice strong considers that section ia come zion
ecn Amendment is broader than the statute
which authorizes the removal. Section 6il DOES
lection Of the laws may denied to a defendant. The
trial or dual hearing Tue judicial lnnactons OF me
Constitutional amendment mace after the trnl
Taey eft 10 the revisory power OF this Court The
C1n-uuOu ana laws Oi Iguld 20 not exclude cOofed
cIuzens from service On 1uues. The petluon
for removal. Therefore, dd prcstnt
case fOr removal under section Gal.
A mixed jury in particular cdse is not Css,BIa al
10 the equal protection OF the laws. IL Is
q right which any COloTed man is cnttied,
that in the selection Of jurors 10 pass
upon his h'c liberty or properly, there shall
be 10 exclusion OF hts race, and no discr.il-
inatiOn against them because OF his cOtDr.
But that i a different thing from that which Was
claimed OF denied IN State Court, VIZ,
night to have the jury composed In part Of coored
men. From these principles Il follows
that the Federal Court had no ughIui id
rIsdlctiOn or the case, AMI that tho
writ O mandamus for Tie exTadon of the prisoners
the authorities must Be granted and the Court 30
orders.
LIABILITIES or STATE JUDGE.
No. 4 Orgnal-Ex parte the Commonwealth
Of Virginia and J. d. Coles, petdon-
ers THIS 4, q petition
rits OF habeas corpus and ceruOrdri bring before
TINS Court tue of Jud Coles. indicted IN the Frd
eral Court Tor the Western District of Virginia
upon tne charge OF excluding all eooEed cllzns r5m
fury duties account OF their race, color and
previous condition of servltude and IA Viola
non Of the March L. 1873.
e. for ,f Itfe IS r...