Rives was initially a Democrat, but opposed the sub-treasury policy of President Martin Van Buren. Thus, Rives joined the Whig, party in 1844. In 1870, Rives ran for the United States House of Representatives as a Republican, but lost to Richard Thomas Walker Duke. Duke's son recalled of this campaign that Rives "had 'ratted' and became a 'scalawag' republican." Nonetheless, Rives had obtained a pardon for his opponent, to remove Duke's disability from seeking office, without charging Rives's usual fee of up to $500.
Federal judicial service
Rives was nominated by President Ulysses S. Grant on February 3, 1871, to the United States District Court for the Western District of Virginia, to a new seat authorized by 16 Stat. 403. He was confirmed by the United States Senate on February 6, 1871, and received his commission the same day. His service terminated on August 1, 1882, due to his retirement.
Notable case
In 1878, Judge Rives took the then-controversial view that the exclusion of blacks from jury service in Virginia state courts was a violation of the Equal Protection rights of two criminal defendants, granting their petitions for habeas corpus relief. The Virginia General Assembly passed a resolution denouncing the Reynolds decision, and demanding an appeal. The Supreme Court agreed in principle with Rives, in three decisions issued on March 1, 1880, but overruled his reasoning in Virginia v. Rivesordering him to return jurisdiction over the petitioners to the Commonwealth. However, in Ex parte Virginia the court confirmed federal authority to enforce African Americans' rights to serve on juries, and in Strauder v. West Virginia the court declared states could not limit jury service to white men. Over 100 years later, the Supreme Court ruled that even the use of peremptory challenges where exclusion was made on the basis of race was unconstitutional, in Batson.
Death
Rives died on September 17, 1885, in Charlottesville, Virginia. He was interred beside his wife and namesake son in Monticello Memorial Park, Albemarle County, Virginia.
Family, residence and property
Rives was the great-uncle of Alexander Brown, author of several books on the early history of Virginia and of The Cabells and their Kin. He lived in Charlottesville until 1833; then at "Carlton" on Monticello until 1873, and spent his final years at "Eastbourne Terrace" in Charlottesville. The 1860 federal census indicates that Rives owned real estate worth $60,000 and personal property worth $94,496.
The Rives family estate where Rives was born, Oak Ridge in Nelson County, was sold in 1867, but remains today as an event and wedding venue. It was renovated beginning in 1901 by magnate Thomas Fortune Ryan, and more recently by John Holland Sr. and his son John Holland Jr.
