the removal of cases such as Strauder's to the local federal district court, presumably where the trial process, under the supervision of a federal judge, would enforce the defendant's rights against the state. Dissent The two dissenting justices, Field and Clifford, explained their position in the case of Ex Parte Virginia, decided the same day. In the latter case, Field wrote, with Clifford joining, "The equality of the protection secured extends only to civil rights, as distinguished from those which are political or arise from the form of the government and its mode of administration." Subsequent case history The Supreme Court of the United States on July 9, 1880 remanded the case to the Supreme Court of Appeals of West Virginia, and ordered that the court reverse the decision of the circuit court and remand the case for further proceedings. By August 17, 1880, the Supreme Court of Appeals had done as ordered, setting aside the verdict and sentence of the second trial, and reversing the ruling of the circuit court that had denied to Strauder the removal of the case to federal court. The orders of the Supreme Court and the Supreme Court of Appeals were entered into the circuit court record on Saturday, August 21, 1880 and the case was ordered to be removed to the U.S. district court. Federal court On Monday, September 6, 1880, the sheriff of Ohio County was served with a writ of habeas corpus to produce Strauder before the U.S. district court the next day and to show cause why he was being held. Over the next two days, before Judge John Jay Jackson Jr., arguments were heard over why the writ should be quashed, the state seeking to maintain its custody of Strauder. Arguments were also heard whether Strauder should be released pending the next hearings, or bail set. On Thursday, September 9, the court denied the state's motion to quash the writ, ordered custody of Strauder be transferred to the U.S. Marshal, and that a bail hearing for Strauder be scheduled. By October 9, Judge Jackson denied both discharge and bail. The case was next heard on Thursday, January 13, 1881, whereupon Strauder entered a plea of abatement to defeat the 1874 indictment on the grounds that it too suffered from the constitutional deficiency passed upon by the Supreme Court—that is, the venire from which the grand jury had been drawn