New York World (Newspaper) - March 3, 1880, New York, New York THE WOULD NEW MARCH New York s Favorite Son Forced to Come Forward in Person nnd tho Convention to Instruct for February was well tilled at tho session ft the Mate Convention and Interest was mani in Its delegates did not ascertain until Mils morning Hie real plan or the In tlie selections of delegates ns It was too lino to concentrate nil they did at their consultation lust night was to decide to oppose any move on the pare of the machine which looked like crowding the minority to contest every lu pursuing t his course in tho convention anil In opposing nearly every move of tho on suspicion there was something wrong under the side clearly lost frittered away of heir strength and to score n Stephen of New nominated for temporary Chairman diaries of The nomination was received with applause and was mode James lerry and Wren were appointed General Curtis offered the following That the delegates ot the several Congressional districts requested to report to this convention tho names oC two delegates selected by them represent such district In tiie National Republican to he held In Chicago June in accordance with the call lor such convention and according to the tisane heretofore practised in conventions in t General Arthur offered the following as a sub That the delegates from each Con gressional district Ue requested to report for the act Ion ol the convention the two and two alternates to the National and that a committee of one trora each Judicial district he appointed by the to report lor the action of tho convention tho names of four and four alternates to the national he would like to understand the d between the substitute ot the gentle man from New York and the resolution of the from It ho rightly un the substitute that If the action by district delegations Is not to a majority ot the convention their power of selecting their own delegates can be taken from if that Is not the he would like to have the gentleman disown He believed each district had the right to name Its own and said Siy district of has selected unanimously William Robertson and to represent us at we believe you mean what you that we should have a Presidential candidate whom rebellion dare not raise Its horrid We be lieve that James Is such a and Wo believe that what tills convention has to do with Congressional delegates Is precisely what the Governor has to do with the election of members of We believe that has no right to select any other than the men nominated by I have always been a hut when I In league with Democrats In Kings County forthe purpose of changing the delegates in three districts of Kings then I believe that what you have said about the Republican party pertains to Its past and not to its Forster moved to amend Arthurs sub by striking out the words for the action ot the General Curtis said he would withdraw his res If General Arthur would withdraw the words General Arthur refused to withdraw tha It would be lie to present a report of nominations to the convention without giving the right to act on He should stultify hlm seK if he withdrew the General Arthurs substitute was then of offered the following That the delegates from tha several Congressional districts he empowered to nominate and report for the action convention electors for their respective and that the state committee be empowered to till cles which may hereafter occur in the electoral and that the committee be appointed by the Choir far the purpose of reporting me names of delegates at large to the National Convention do also report the names of two electors at The Blame men were encouraged uy the strength exhibited In tho applause at the morning and returned in the ready to renew the The Committee on Contested Seats ratified the action by which carried the the Albany snap Judgment and the Jour dan and Worth deaf by which six delegates elected In Brooklyn were ruled and Grant wno had not been Tho report of the Committee on was called for and presented by who took tho stage and real as follows The Republicans of the state of New as to appoint delegates to represent them In the National reaffirm the principles and patriotic purposes of the Republican party heretofore declared and faithfully acted upon equally impressed with tho responsibility now devolved upon declare that the safety of the nation is again imperilled by the virulent and un lawful efforts of the Democratic party to overawe ana subvert State as represented by the its leaders In Maine and in several of the Southern thereby Intended to secure con trol of the General Government by deeds o vio lence and fraud and in carefully con Judicial In the presence of gravo and threatening dangers it is the duty of the Republican party of tBe In Its united to meet and prevent them and to this mindful ol their great responsibility In the coming Presidential and of the fact that It must be determined by the electoral vote of they hereby solemnly pledge to tue licans ol other States their ability to cast It for Ulysses We in him we repose absolute trust lor his his fidelity to his serene Judgment and solid his varied and for the uniform success that has ever attended his efforts In securing the grandeur and prosperity of our com mon For these and because we are that in him the North and decidedly greet a candidate deserving of Its we present him as entitled to the suffrages of every patriotic We also de clare that the objection to a third Presidential term applies only to a third consecutive and is utterly inapplicable to the reelection ot General who Is and has been a private absent from the destitute of all Presi or official influence or and whose election must be by the free choice of the by those Influences which alone give if any there to that objection there That the Republicans of New believe the reelection of Ulysses Grant as Presi candidate of urgent and the delegates this day assembled are called upon and instructed to use their most earnest and united eHorts to secure his stumbled at the words unaided By these and a delegate shouted Hurrah for Maine 1 when long ueo cheering Stoughton sold I shall report this without making any A enough ot read for the Instruction of the not for my own 11 Forster arose and said in that part of the resolution where the vote 01 tho State is pledged to the sup port of Ulysses Grant 1 move to amend by sub the name of James Applause IB that portion ot the resolution where there are any instructions or where there Is any recog of a third I move to strike it all I did not mean to say much en this It does not seem to that the Important questions presented by this resolution and the amendment should be disposed of entirely after hearing from a gentleman who represents a constituency which has fifty or Democratic majority behind hut that this question should be settled by the He publican counties of tho I want to Hear from the Republican counties ol the and I am prepared to vote in this conven tion and not only cordially but In the bellel that their Judgment is with the ma ot the Republican I great doubts of the soundness of Re publican come from districts which cost a Democratic vote and who are in affiliation with John Kelly or Boss 1 apprehend that such kinds of alliances lor Re publicans tend to Introduce the tactics of those two bosses and that sort of management in the Republican party where it does not I understand that this convention has ratified the acts of the districts and of the committees in respect to the county of I warn gentlemen look to it that by such action they have not very seriously impaired the vote which Grant wll get from If those gentlemen have any notion that Kelly or McLaughlln are going to help them elect let them go ahead In that In the heart ot the Republican voters of this State James those who are prominently before the people who stands General of spoke In sup port of Forsters The was put on amend rose ana was greeted pro longed applause and cries of but he his place on the and spoke as follows I now and when honored with a seat in a Republican that I might cast a vote on every question agreeing with every other member of the I would hardly hope in any case that I might cast a vote satisfactory to who at tend in the galleries of conventions and attend as outsiders at 10 impress upon the members the Idea that the convictions expressed by clamor and applause ore the convic tions of Republican Presi I cannot vote wiyi tue gentlemen from West cheater and New I cannot vote with any man proposes now to fritter away and la tue presence of a great emergency the nnd of tho krent State of New The elec tion infore Is destined to lo memorable when you nnd 1 may he for the desperation of tho not the people but 1 It is Hie hist to occur tinder n census which gives nnd un lawful rotter 1 Bay undue nnn UB power because ivery colored Is counted and yet the colored vote Is trampled and I his to the Southern States but electoral votes less than a A new count Is about to take new appor Is be The sceptre will Ue taken from the In ami it will pass to the and tothy But with n Democratic President next time mil a Democratic congress to muke all tinno you will nave an which the Republican party may not carry his country lor ten or twenty More A close however may lead to a electoral count and open the door to a ram of evils which no prophet can The Choice of the next President In the hands or u Democratic A found in a single elec ornl ot uny with of these Ui houses to count and he result is given into the hands of the House of the election must be States and what do you see Although the House Is counted by States it Is He And 1 venture to Kay or who wus elected by morn than two thousand ma of tire marked tur dtsi be deprived of their Why Because they hold vote Minnesota has n majority or Democratic and Indiana has a majority or Demo cratic awl if the election of President s thrown Into the the vote being in ken by the election of Slid Democratic I say thus that I may not seem to use the language or exaggeration when 1 say thai the before in its lasting results and In Its Is to bn perhaps lifter we may he In a crisis like with New York the pivotal State New whose vote Is to make the next President of the United hue she no opinion no opinion to declare to the Republicans ot other States who Is the man In a crisis like this Let me ask the question as to New Have the Republicans of New York no opinion In the presence of such a among the men Republi cans can Is most certain to be elected most certain to be lawfully and peaceably after he Is elected lor what is this held Is It merely to listen while the delegates from several Congressional districts Inform tin convention who the districts arc going 10 send to the National Js It for Unit that 500 the selected pride of the Republican of have come to meet together I think Common and usages o both parties answer the a delegate Is It a man to go to a convention representing others and then determine us he individually prefers and chooses what he will do 1 President a delegate Is an He hus a principal behind if he IB faithful Ue noes to represent that My honorable friend ircm Senator nods and I expected to hear from us I did with pleas that ir he accepted the commission ot a con vention which uad indicated what he was to would never violate that let me say frankly or myself that if any however re spect were presented to this convention who would declare or who would prove recreant to Its let alone Its I would never vote lor him us a delegate to any we are here to express to Republicans in other States who are longing to know the Judgment of the Republicans ol New If we are here to express to them our opinion In this and If delegations ire to go to represent not own will but the will and Judgment ot those behind what Is the whift be the cowardice of our saying what we believe Next year we win need two I mean when we come to have counted tho electoral votes we shall need two it unmistakable a man with the country behind a man in whom this noble country hits so much conil lence that ho revolutionary plot or conspiracy will uplift its hand to strike down tils In the name of the history of the las years of war and of looking over all of those tragic while the country has been rocked as n the throes of a political who Is ask every member of this conven tion to Iny his mind on his heart and is there In this broad land upon whose upon whose upon whose character and strength the Rc party and the nation more than upon any other can safely repose and cries of Grant If there is such a I will fall short In the duty assigned to me by tue seat with which my constituents have honored me every oilier of this convention will fall short In his duty if there be such a if wo do not express our judgment and our convictions how re peat I and you when Abraham Lincoln was ind you remember what preceded that The lights we see the Bounds we hear were all seen and heard Newspaper took canvasses of the people and round threefourths of them were opposed to Anybody but Anything to beat Lfu Conventions wore held in which tho gal leries and with that modesty and that courtesy always observed on such laughter and to Impress and mislead conventions with the Idea that nubile judgment was Abraham The knew Everybody knows than You may have In a and an able corps of trained you may have men with their salaries lu their camped in a particular political district and making their headquarters In the carrying on an active campaign on the and for a particularly ft the roads are bad or the snow Is and you may produce f rotn dis an or an lou may go Into a district you may nave the question stated and an overwhelming and unmistakable verdict for Ulysses then you may lind from that very district a delegation so skil fully brought to nass that a majority of them are against and you may see a distinguished delegate from that district rise In open convention and serve notice upon the others that If they un to throttle or stifle the real voice of that district he will revolt In open All that may The murmur while down below this deep down In the hearts and of the wiser than words of if I may say It without than of any other member of this is the the Judgment the conviction ot the masses of Republicans New York and ot other Judgment of the Republicans of New i ork as to the one single question before thin con to whoso hands can we most safely commit that banner so resplendent with illustrious achievements What is the i of tie Republicans of New York Does any man hear me who doubts 1 Does not this conven tion overwhelmingly answer that question 7 Do we not know tnat the Judgment and convictions of our constituents is that safest man all the eminent men in the Republican the safest as a candidate In the afterwards to be peaceably and quietly Is that man who carried the flog through the storm of battle and having been tested and has been worthy of the confidence and admiration of the American people No objection to The ob jection to a third term is that the to the Presidency can wield his official power to and elect This man Is a private citizen he has no official patronage or power he has been absent tn distant aWo even to exert his dual influence upon The official patronage let me I apeak in the hearing of men who know official patronage of the has not heen used for Laughter and friendship for Grant Is not and it has not been for more than three years a to favor therefore no man can suppose that the of employing official Influence applies in a there is nothing of The statutes of our State forbid in all the sixty counties ot the State the reelection ol a Why For fear that holding in his hands the instrumentalities of tne Sheriff he may wield them for oppression in order to himself but was it ever that when a man who had been Sheriff had been out of office lor a term of years that you might not re nominate and him in this blessed County of which we who live hero regard beg pardon of my the moat en lightened and correct spot on in county of a man who had been Sheriff before bos more than after another term had been and re and nobody ever thought of an objection to Although there is a lunatic asylum in this district has 700 and all those advantages and no man waa ever heard or heard of that supposed that the rule or the reason of It applied to such a can I do not want to seem Blessed with the gift of I am glad to know that some have therefore I believe that there Is a man who more certainly than any other can win in this next i believe lie can poll a larger vote in New York than another name I can I Believe more Republicans are for him than lor any other Republican and I believe that more Democrats will vote for him than will vote lor any other 1 believe that U the name ol any man can break into the solid phalanx ol the South and carry either North south Alabama 01 one ot which IB a State us much aa la be lieve u there be one man the lustre and glory of whose the power ol position com mands tue confidence not only ol white men but of those were painted black by Natures and who bad the loyalty and filth to dins to the nag in the dark work tor few It nml pray for bo any on this whom the whiles mid the blacks at tho South cherish hi that man Is Ulysses this Is greater than nn mnn and rises far above and or even the of any It is to honor but it Is because I believe that inn country nnd the party need Neither Grant nor any other mnn who owes alle lo this nation has the right to refuse the use of his name nt a time like It Is because ot tho need of name and not because of of others whom I would gladly m honored i give my voice and my vote In of se him ns the man In whom we look ing 1o success in tho election and looking to safety and pence 1 nave indicated at more length than ns necessary that I shall vote gladly for every word of the report made to this conven tion by the committee appointed for that 1 shall vote against all amend 1 shall vote lor the resolution calling upon the delegation to themselves earnestly nnd unitedly lo carry out the Judgment of the conven 1 shall dn believing that no man win at a commission for this convention meaning upon Unit I slmll for It because I would not soe Um pire lost utterly In her Influence In the National think of It a The election depends upon New She Is to vote us a and her vote Is lo bo so She linn the and It will be conceded to to exert a most controlling Influence on the election of a can suppose she goes there with her more limn any will or can CUM In tlic Every man is a law unto like a or a company Into buttle In pinie 01 all every man when he pleases and lie the members of this thus and offset euch How proud we should teel on the com ing downto the letter New York is culled and or for one mnn and some for when ihe count comes to be in If they virtually neutralized other and left Ihe where it was nnd then comes In little patriotic Now where they dont have so many pangs and fears as some of us where they will go with a united knowing that unity Is going us a band ol brothels lo carry tho wishes of her i lu comes little New Hampshire and caste ten and she determines tho Would not the Republicans of the state feel proud In I be presence of such an event A Hardly Presi At un inclement season of the year the Re publican hns sent up here her her wisest nnd her best Wo know tho overwhelming the Republicans of this Let us state it honestly and nnd If anv nmn Ls put I upon the delegation lo go to despite he fiction ol this convention which gives him his can Justify or excuse himself In ng his back upon It and seeking to defeat the ob for which he is let that delegate answer to himself nnd to those to whom he deems Himself All that we can do Is to as Re and Democratic conventions alike have lone irom time the as we K It to of those who constituted us and to whom we are motion to amend tho resolution by declaring in favor of the nominee of the Chicago whoever he might was then voted down hy ISO The resolutions were then The Congressional districts worn then called upon to name the delegates to ml electors nnd members of the State among them are Alonzo Chester Arthur and James Among the delegates nro John GRANT IN His Brilliant Reception at the Capital and His Entertainment oi February via February Grant and party nr In this rlly The station nnd sur rounding grounds were brilliantly The band of the was in attendance also commissions from Ihe the mu nnd the American There were over ami the street leading fron tire Elation wus blocked vilh couches for a mile In The street along the lino to tho Casn do was lined with double tiles of mounted and tho Rural numbered each bearing a General Grunt passed through this the effect being most At the station the committee of tho mot General The chairman extended to tho General the welcome of the Govern and then presented tne committee of tUc who tendered him the hospitalities of the liio party then proceeded to the General Grant dined with Minister Foster on Assisting were President several members of the and other After tho dinner General Grant received callers after on the same the General called upon by all stationed In this The numerous nitrations shown to General Grant by the Mexicans have made a very favorable Im upon himself and party and are highly to nil Americans In this Generals Grant and Sheridan today attended a banquet given by the American Onn hundred and twenty guests were scaled at the Including many distinguished and Minister Foster February despatch dated of February says From yesterday General Grant to where he visited the beautiful Casas of nnd To day he attended the Academy of Flue The Spus will give a hall In his honor on the The grand festival Is set for Monday A WESTERN John Charles Solon Joel Police Commissioner Thomas Unfits John Senator Senator Senator Senator Mc James Senator Thomas Plat Orlando congressman liay Pierce and Loten Among those selected for Presidential electors are At and John nnd ns district Uins Isaac Edwin The following were made tho State Committee Police commissioner Jour Jacob Alderman Michael Police Commissioner Police Justice Jacob Patter Clerk ot Special Sessions Chester Alderman Mc Chas Senator k Platt Speaker George superintendent Jolm James Charles Stan Clerk Edward Clerk Arthur Thomas Kidder Barney it Theodore The Stute Committee was given power to till The convention at ud sine aii WAS IT ASSEMBLYMAN HAGAN The Man a Very Badly Hurt Policeman Accuses of Slugging At Sunday night Jess of the street as he says dispersing a crowd of young men at the corner o Twentieth street nnd First was struck on tho head and knocked down with some leavy receiving u severe sculp tie has been on force about a Captain ol the Street to he has been attached since his appoint says he 13 Ills post ex tends along Twentieth street from Second avenue to the The block between First avenue and A Is frequented by the Idlers of the Two weeks ago Carter arrested Hugh Ua a brother of Assemblyman or disorderly and the prisoner was fined 15 nnd hold to Tne in the neighborhood have complained repeatedly to Captain Clinchy of the disorderly conduct di the men who congregate on the and Carter was given instructions to keep the corners clear at all The street all along his post was pretty well crowded last but between First avenue and Avenue A there was a stationary srowd which he dispersed several but quickly gathered A lew minutes before 8 oclock Carter ordered them to go They and dared him to drive them He ran at them and they all ran save Hugh and Assemblyman Please move the the Captain has ordered me to keep these corners Well move away when we one of the men Wo would like to see you moke us go ihe says he goodnaturedly remarked obey his captains orders and pro to force them Hugh ho promptly seized and ho also says that the Assembly man struck him over the head with a which he believes was a slung him Hugh Hagan let no his hold and the crowd They took his club and pistol tore his uniform nnd left him disabled In the A citizen found him and re ported the matter to the Several were sent out and took Carter to tho sta A surgeon was sent and in tho mean time Carter told Sergeant Thompson the story ot his Lute at night he was removed to his residence at aaa hast nnd when the reporter called was He has a serious wound on the top of his head and tho skull is probably frac His eyes are blackened anl and his race Is Sergeant Thompson ordered out the reserves and sent to look tor Assemblyman nnd his brother They at their The special service men of the precinct were detailed to the Central Depot to watch the outgoing Edward flagan rep resents the sixteenth Assembly Ue was elected on the but had been a strong adherent of Tammany HalL A despatch received at police early this morning states that Officer Carter had been removed to Vincents Hospital in a very dangerous Assemblyman Hasan lives at 336 East Nineteenth Camerons ol War March Grants special trumpeters hore in tho Tiller and making a desperate to some of the more timid among colleagues from the South by loud as of the preparations made and to bo made for sealing next year in the Presi whether or Don Cameron actu ally went so fur as to assure a Southern that ho held In his hand a force of men from who would bo u Washington to inspect the electoral Logan and Teller are lees not so sure perhaps ol iho funds necessary to move their contingents us Cameron But this Is the sor of thing whispered day after day In the states senate I A at a Revival February A light occurred on Thursday night near at a school where nightly religious meetings Have beci held A party ot men attempted to break m as e yei from his and Levl was fatally Eight men have been arrested and more arrests are The quarre tiy two children from Congress Implored No Longer to Protect Newspapers Out of February petition has been by Congress from tho Wisconsin Editors und Publishers praying for the re moval of duties on chemicals and such nther dutia ble articles ns enter into tho manufacture ot Anticipating for It the usual fate of such of the appended over his own signature a the evident purpose of which Is to get of The accompanies the formal memorial and is as that you have read the resolution It is a case that you will feel that your next duty Is to throw them Into iho waste In ho name of be tho same or I usk you not to lose your hut as it and over the highway robbery hut Is being practised upon your unsophisticated by the who are foun dering the As It is now they stand lu he entrance ot tho editorial sanctum aud take the money that comes in on and only illow the publisher the cord wood nnd farm prod By the protection your alleged honorable body affords In the way of they grap le the throat of every newspaper In America and say while the newspaper publisher can only return his chips to tho dealer and Every article that Is used by a newspaper except secondhand ulster overcoats and is protected bv a tariff that makes tho cold chills run up his Another thing thai the association did not pass any resolutions but which they probably vill at tho next If there are enough of hem left outside of the poolhouse to before hey meet on that beautiful is the recent action of the manufacturers of who are en to screw down the lid of the newspaper which the typefounders are preparing for the In the lost three by their own sweet they have run the price of paper up almost 100 per cent There Is nothing to pre vent them from doing us foreign manufactured aper is kept out of the country by tho Every article that goes Into construction of rag except and has a on What the newspapers and they believe it Is not an unreasonable is the removal ot the tariff on on on and on all chemicals used In the manufacture of In a tariff on rags If there Is no tariff on rags you better put one unless you remove the tariff on the of tho stun If a tariff Is a good thing you cant have too much of It for whom do you protect Nobody but guttersnipe and old maids who save up rugs to buy nnd tin ped ers who trade tin dippers and skimmers tor a flour sack full of Are the nnd old your principal constituents The newspapers of tho country believe that are entitled to some consideration at your They are In many instances tho instru ments through which many ol you have attained positions you now und they never have rot much ot anything from you except reports und agricultural They Save set up nights for you and done dirty work that may bar them out of all participation In the chariot races in the ot the New nnd now they demand that you pro tect them from tho ravages of the typefounding and papermaking grasshoppers before it lastingly too Not being one of the literary tellers so alluded to by the great Senator Simon this epistle to you Corinthians may be a little raw and not as but it tries to represent the feelings of the newspaper men of Wisconsin In language that the wayfaring u diabolical ciin and it means Tho pers are desperate while they dont want to go on the they 1eel that they havo been ravished about enough by the different tribes of of the Government It you great men will pass a to tis you will strike nnd dont you forget AT SEA IN A A Venturous Attempt to Sail from Boston to and How it Herbert and Andrew started from Boston on July u last to go to tho Melbourne Exhibition In a small decked boat called the Golden were brought to New York Fri day in the steamer City of from Rio do after having narrowly escaped death by shipwreck and Their boat was ot about ono and a quarter tons and after going out qf harbor they hud pleasant which them to make in the Capo Verde In fiftyeight There they remained twelve days to rest themselves and to lay in a new stock ot and set sail again on September Soon after wards the weather which had accom them was replaced by u series of storms which Increased in violence day by and they were obliged to throw overboard manyot their which had been The sen so rough that the waves washed over the boat starting the deck covering and mak ing it difficult for the two men to keep their craft from So much ot their stock of provisions had been rendered useless by the salt water that there doubt whether or not enough remained to last them until they reached During this lime no vessels were They determined to try to make tho rough weather drove them out of They were exhausted by hard work and want of and they then chanced their course for the coast ot twenty live days Cey lived on and small rations of nnd then when were nearly exhausted and they had almost given up hope of reaching land they sighted a small island eighty miles from the coast of Brazil and Inhabited by They lauded and after remaining among tho for a time to rest made They saved nothing except what they had on Walker Suspended from the February ecclesias tical trial of the Charles pastor of the Methodist charged oy his with having sustained Improper relations with u young woman residing in his family and of neglecting to support his resulted lust night in his Bus pension Irom the ministry and from church privi leges till the meeting of tho annual Petitions for divorce have been tiled by both This will bo remembered as tho casein which tho wife recently arrested In New VorK upon her arrival there from Norwich In company with a ana who was subsequently dls charged by the police Serious Against a February the House 01 Delegates presented ot citizens Cunic counties erring chn against judge George A Associate Judge of the Fourth Judicial cf the with a view Jo his 1he memorial accuses Judge ol receiving tees for legal services as Judge with sit in judgment in cases In winch he wan per interested with using profane cent language upon tne bench and putting the of the to The memorial was referred to a speula committee ot Louisiana Republican State Senators in Custody February Senate adopted a resolution suspending Sena tors Demaa wit tuom li custody until the THE SUPREME Decisions Rendered Involving State Rights and tho Operation ot Constitutional United states Supremo convened alter a or our and devoted tho entire afternoon to ho rending of The following important were rendered Taylor The Into ot Went In error to the Supreme Court of ot West tho In Indicted in tho Court of Ohio In for When his cnao came up for trial u petition for its removal the United elates Circuit upon the ground that the exclusion of colored from Juries by tho uct if the State Legislature ot March was a denial of his right to the equal protoc of tho Ills petition vent to trial and he was found guilty and Upon appeal the supremo court of West Virginia the The case was brought here upon a writ of the in error maintaining that he act ot state ex colored men from Juries is in viola Ion of the amendment to Mm and that Ue was entitled to havu Ws removed lo the United Stales This after fully the fourteenth aud ihe statute of West In singles and denies to colored the right mid privilege of participating In he administration of the law us Jurors because ot heir though In nil other s practically n upon Ijy tue and Is a discrimination against that race for bidden by the It Is a denial or the protection ot t laws to the race thus ox since the constitution of Juries la n very part of the protection which the trial bv ury is intended to The very Idea ot ii ury Is a body of men composed ol the peers or equals of the person whoso rights it Is selected or to of persons hav ng the same legal status in society as that winch as the state secures to every white man the right of nal by a Jury selected from and without against his and at the same time per ults or requires such discrimination against tho man because of his the latter s not equally protected by law with the section of the provides removal of a case tho State to tho Federal courts when the defendant or any reason is denied In the State courts any secured to him by any law providing for the rights of citizens ot the United States Is not n conflict with tho Federal Tho ot the lower Court is with nnd the cause with Instructions o reverse the of the Circuit Court of Ohio Justice Strong delivered the Judges and Weld 3 Ex parte Commonwealth of This was for a ot mandamus to compel Judge of tho United States District Court for the Western Dls rict of to restore to the State les two colored prisoners named In In the State courts for and taken by Judge Hives out of tho possession of the State cluls and held for trial in the Federal on he ground that they the prisoners had been de in tho State such a trial by ent without distinction of race or is the laws of the State to The of Judge Hives In removing the of the to the Federal court was based on section The Court in a long and prepared opinion by Justice that In connection with sections nnd und holds the object if these as of the Constitution which au was to place the colored race in re ot civil rights upon a level with hey made the rights and civil iid of the two races exactly the the prohibitions ot the fourteenth have reference to State action ex anil not to any action of private Individ section Ut wus also intended tov tho pro of the colored race against State action ind that State may act different either by its its executive or its Judicial and he prohibitions of tho amendment extend to all actions of the State denying equal lon ot tue whether It be action y one of the agencies or bv by virtue or the fifth section of the may enforce the pro whenever they are disregarded by either he tho executive or the Judicial de ot tho Tho mode of enforcement 3 left to Its It may secure the hat enforce Its recognition by removing tho nse from a State court in which It Is denied into a court where It will be the fourteenth amendment Is broader than the statute authorizes the re Section Ml does not apply to all cases in equal protection of the laws may be denied to a The removal author zed by the statute is a removal before trial or a To Judicial Infractions of constitutional amendment made utter the trial has commenced section 041 has no appli It was not Intended to reach such cases they wore left to the of this the denial or Inability to enforce n the Judicial tribunals of a State rights secured to u defendant by any law providing for the equal cMl rights ot all persons citizens ot tho United of which section Ml Is if not a dental of such rights or an In ability to enforce resulting from the consti or laws of the State rather than a made manifest at the of tho case In other statement has to a denial or an Inability arising irom The constitution and laws of Virginia do not colored citizens service on Juries the did not pre sent a tor removal under section defendant in this case moved in tho State Court that the venire 08 so that onethird or some portion ol the Jury should bo composed ot his own The denial ot that nio lilon was not a denial o a right secured to him by any law providing for the equal civil rights ot citi zens of the United or by by any statute or by tho fourteenth A mixed Jury In a particular case Is not essential to the equal pro of the It is a right to winch any colored man Is entitled that in the selection of Jurors to pass upon his liberty or property there shall uc no exclusion of his race and no dis crimination them because of Ids But that Is a dineront thing from that which was claimed as of right and denied in the State a right to have the jury composed in part ot From these principles It follows that the Federal Court had no rightful Jurisdiction of the und that the writ of mandamus for tho restoration of the prisoners to tho State authorities must he and the Court so Ex parte the Commonwealth of Virginia and is a petition for writs of habeas corpus and to before tills Court tho case of Judge indicted in tae Federal Court for the western Dis of Virginia upon the charge ot excluding all colored citizens from Jury duties on account ot their color and previous condition ot and in violation of the act of March The petitioner alleges that his arrest ment upon this were unwarranted by the Constitution ot the United and In viola tion ol his rights and the rights ot whose Judicial ho and that the inferior court had no Jurisdiction to proceed against Ibis alter a examination of the act of March which provides for the trial nnd punishment of officers who excluded citizens the on account ot race or holds that that act is authorized by tho thirteenth and fourteenth amendments the Constitu tor tho of Congress Is given power to pass appropriate The constitutional amendment was ordained to secure equal to all and to insure to all persons the enjoyment of such rights power was given to Congress to enforce its provisions by appropriate Such legislation must act upon upon tho abstract thing de nominated a but upon the persons who are the agents of the State to the denial of the rights which were Intended to bo act of March and It Is fully authorized bv the The act of the defendant lu select ing jurors was a not a and being charged with the performance ot that although he derived his authority from the the defendant was bound in the discharge of his duties to obey the Federal Constitution and the laws passed In pursuance The peti tion tor a writ ot habeas corpus is therefore de Justice Strong delivered tho Justice Field dissented and gave an rate It first states tho law Virginia relative to the summoning of It quotes that tho Judge of each county or corporation court is required prepare annually a list of such inhabitants of the county or corporation as he shall think well qualified to serve as being persons of sound Judgment and free from legal The question is left to the Judge whether the Jurors possess these qualia and for tho manner in which he discharges this duty he is responsible only to the State whose officer he is aud whoso law ho is bound to enforce The Is of the Bounty court in the State of It la not that he ever selected who were not or who wore not of soum or who were Vet he has been in court of the United States for the Western District 01 Virginia having on gome day in the year 1878 excluded and to select as grand and petit jurors citizens of the county on account ot color or previous condition ot ser The Indictment does not state who citizens nor set forth any particulars of thi but charges it in the general words o The District Court a bench upon which tho Judge was and la now held in He petitions tor a to that Court to sen up the record of Its proceedings and to a writ of habeas alleging that Its was without Jurisdiction and that his Imprison ment thereunder is and lie prays to The Commonwealth ol Vir ginia presents n similar declaring she IB deprived of the services of her Judicial JIT by his unlawful la founded upon the fourth section ot lie uct of Congress of which declares that no In any court Ji Ihe United States or of any State on account of or previous condition of iml charged with duty of or Jurors who shall or full to any cause in conviction be deemed guilty ot a inla Field holds thai the District Bonn in its process for arrest exceeded because assuming the if Is and valid as he Indict no offense under It s void on its and because that act Iti lie cited so far us It relates to tne n I he State courts Is unconstitutional and the merely repeals tho 1 tho wnn that the defendant ex and fulled to as Jurors certain oHl cns on account of color and previous condl ion of but It names no citizens who vere thus nnd ot course designates no It Is essential tou Unit It should Bet forth thi such particulars of place ami hut tho accused may know the nature ot harge ana oe uble lo prepare to The in its sixth strikes with nul ty nil such vague accusations ns are embraced In he It is hold section ot tho act of so fur us it to the selection of jurors IH the not word In the Constitution nor In any ot lw which authorizes any br with the States In the of governments and the enforcement of their nus with respect to any mutter over which wiis not surrendered to 1he design or the Constitution not to destroy the but to form more and while creating i central government for certain great o leave lo I he States m all matters the ion of which was not surrendered the functions to separate and could n greater tendency to destroy he Independence und autonomy of the States and educe them to a humiliating and degrading do upon the central government than ihu m this that Congress coercive authority over indicia of the States In the of heir duties under state Tho duties of tin In selecting Jurors nic lave heen Judicial m their nature bv the express of the law and the Stule constitution and he uniform decisions ot the courts ot n the case of Collector Conk hat any government whose menus employed lit inducting Its operations made to Uin ot another and distant government can only nt the mercy of that government udge Field denies that tho amendments the legislation in The authorizing Congress to hem By appropriate legislation 101 enlarge their No legislation would bu which with the express or prohibitions of the Constitution upon the lower ot Legislation could there be appropriate pretense ot oro a state from doing certain should end to destroy It or any of its essential attributes o every State there must to subjects over which has abso tite from all external In he exercise ot its Judicial nd executive The t a Stute consists In the if Its executive and Judicial through alono It this wero lot so a suite would cease to be an member ot the Union and would bo to tha evel of a dependent municipal corporation ng only with such powers as Congress might pre The thirteenth and fourteenth amend ments are next and It Is maintained that hey do not aflord a warrant for the act of Con ress under which the Indictment in tlie caso was The fourteenth amendment extends pro only to civil rights as distinguished from hose which arc political or arise In the form of the and its mode of t has no more reference to political rights than it has to social rights and duties which o not rest on any positive That the I nd fourteenth amendments were only designed 0 secure the civil lights of persons overs race md condition Is manifest by Iho fact that it vas desired to confer power upon tho made citizens ot tho as was done by ly inhibiting the denial to them ot the on ot color or previous condition of ser n new amendment was hould not be delayed for the slow process of a In the court below and a subsequent appeal n case of conviction to this who the Independence ot the State in all their powers ns essential to successful maintenance of our form of government cannot all to view with the gravest apprehension for the uture the indictment in a court ol the States of a Judicial of a State for the man icr in which ho has discharged his duties unde icr laws and ot which she makes 110 proceeding Is a gross offense to the State and s an attack upon her sovereignty in matters over she has never surrendered her Jurisdiction Justice Clifford concurs lu this The State of plaintiff in James Duvis on a of Division ot opinion from tho united States circuit Court for the Middle District of arises out ot the Indictment in a Tennessee state court of the present defendant In a Deputy Collector of Internal tor the murder ot James a citizen ot on tho arth of a petition for the removal ot ins rom tho state to the Federal under section 643 ol the on the that iho killing was done In selfdefense and he was engaged in tho discharge of his duties under the authority ot the Internal laws of tho United Iho judged In the court below certify a division it opinion upon three indictment ot a revenue found in a court for murder under the n this case removable to this court under section Ma of the Revised Statutes It Is any mode of procedure prescribed by Congress and If can a trial of the guilt or Innocence of the prisoner bo had here This Court holds lhat Ihe petition for removal was in conformity with tho and upon being the prose cution was removed to the united States Circuit Court for that Uho United the Court Is a with authority ex tending over the whole territory ot tho upon the States and the people of the staus While it Is limited In the number ot Its so ur ns Us sovereignty extends It is No State can exclude from exercising any authority conferred upon It by the obstruct its authorized officers against Its will or withhold rom tor u moment the cognizance of any aub Kot which that Instrument 1ms committed to 1 tha whether civil lor bo one to which the Judicial power of the United States ox removal to the Federal Court Is no in vasion of State on the u de nial of the right of the General Government to remove to of and try any cose arising under the Constitution aud laws Ihe United IB a denial ot the sovereignty or that over a subject expressly to It is a denial of u doctrine necessary for the preservation of the acknowledged powers ot the Tho power to remove Is us ample lu criminal as la civil T his therefore lu answer to the of the court that the case Is properly removable to the Federal and that a trial of the guilt or innocence of tho prisoner may there be Justice Strong delivered tlu Justices Clifford and Field dissented and read elaborate Justices Field nnd Clifford maintain assuming the validity and constitutionality of the act of the Indictment describes no under but is void on its lace and that the uct so far us it relates to jurors la the State is unconstitutional and void They hold that nothing can bo found In the Con from its opening to Its closing nor in any of the amendments in force before ihe close of the civil nor In subsequently which authorizes any interference by Congress with the states In the administration ot their Government and tha enforcement of laws with respect to any matter over which jurisdiction was not surren dered to the United in Judg could have a greater tendency to destroy the independence and autonomy ot the reduce them to a humiliating and degrading dependence upon the central Government engender constant Irritation and destroy that domestic tranquillity it was one ot the objects ot tho Constitution to Insure than the doctrine asserted in this case of that Congress can exercise coercive authority over Judicial officers of tho States in the discharge of their duties under state It will be only another step lu the same direction towards consolidation when It assumes to exercise similar coercive authority the Governors and legis lators ot the After giving a history of pae thirteenth and fourteenth Justice Field maintains according to his un of their purport and there is no warrant for the act ot Congress under which the Indictment ot Coles was ihe arrest and imprisonment of tho petitioner waa unlawful and his release should be Those who regard Hie independence ot the States In all their reserved and this includes the Independence oi legis judicial and executive as essential to the successful maintenance ot our form of government cannot tall to Tiew gravest apprehension for tho future tho Indict ment in a Court ot tho United States ol a Judicial officer of a state for the manner In ne discharged his duties under her and of which she makes no The proceed ing is a gross offense to the It is an attack upon her sovereignly In matters she has never surrendered her which sustains it carried to its logical re degrade and sink iher to the level ot a local municipal Indiana Republicans for February conventions were held in all the Congressional districts of the today tor the selection delegates to the Chicago The oon resolutions favoring Mr
