New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-27
THE SUFFRAGE QUESTION.
WHO ABE "MsS OF coLoR"--wHo MAY DETERMINE
THE QUESTION


THE QUESTION.
The case Of the People ex rel James H. Darnel agt
The Board Of Registry etc. up in the Supreme Court
Chambers Yesterday before Nj Justice Sutherland This
was adjourned over las, Friday allow Of the fling Of tray
Mr. Gilbert on the coll Of this motion PIT in traverse us
Ssp,em, Court CITY County Of People Of the
and Inspectors Election second District Of the Eighteenth
The R.i.toT herein Jane, H. Dsrna hereby
S g. pc: o rR 'atS'S hat SV
:. :'s return s' or & pc nc co S1sS ' 0
'Ai' 10 P''' "' '' '1f'''- - y Wv jazz. H. DIRSALL
Edward GILBERT, Attorney fo' Rel,tor.
Til. il will be perceived presents not only the question, is
the reator man Of color but what = man OF color
Judge Sutherand-1here such thug traverse In
proceeding according to the statute There may be plea
Mr. Gfbert-It is very simple thing whatever II may be
called deny the allegations OF the respondent that the ieaor
Judge Suherland-very well; what is the issuel
Mr. Charles BlakcThe motion the part OF the respond
ens is that the mandamus be dismissed
Mr.. Gilbert read the traverse
Judge SutherlandYOu had better call II plea matter
Of form II H. important In respect was not aware OF this
statute in relation TO wTts OF moudamus nor were my asso
IL has been dsIegarded since the early days OF
Wendell II may sometimes be Of very great Importance IN
these questions mandamus have the papers In proper form
At common law you know there was no traverse aud al com
We have been IN the habit you know OF try
ing these thiugs here upon affidavit
Mr. er-The statute authorized plea the return and
that the issue may be tried before jury
Judge Sutheandles the statute provides that whenever
shall be made such writ the person prosecuting
such wri may demur plead 10 oil the material facts
contained The said return; 10 which the person making such
return shall reply take demur and the like proceed
ugs shall be- had therein the determination thereof might
have been had II the person prosecuting such wit had brought
bis action on the case for false return At law
return could not pleaded all Then this pro-
vision which entirely the code has not affected a.
and It appears be in full force suggest also that there
ought 10 be a formal 0inder reply the other side
Mr. Bake-If youT Honor will mark he for
Mr. Cadwailader the attorney for the defendants who
engaged IN the Circuit viii be able to attend and put
in reply as you suggest II Is important 10 have this matter
dspOsedOf before the Board OF Inspectors meet again II II
TO have any practical bearing
Judge SuerandI not necessary that the should I've
postponed You may adopt my suggestion 10 changing the
Of paper but il substantial Issue De formed which
the present dispose Oi the matter My opinion
s-and speak with confidence have examined the
subject have doubt that OdeI must be made will
explain thing and then the order which am going 20
make.
Mr. Glert--If your Honor please wish 10 make motion
which hope will dispose Of this OF this juneture make
IL pursuance Of important suggestion made by Honor
when this before Your Honor remarked as to the
difficulty proving color and OF determining the de-
gree should exclude from the right
Of suffrage unless qualified by the possession Of freehold
estate You thought II novel question one len rather az
loose ends by the wording Of the law with
Honor that IL il 30. When the law says, in that
general way that "mcn Of color shall not
vote unless qualified is submit very much though the
law he'd said that oil large should DE excluded from voting
unless qualified that oil small men should be similarly
cadcd without specifying the degree measure Of size which
should work the exclusion Your Honor certainly would not
give Judgment under that H0u would surely hold such law
VOID oI uncertainty Judge does not NJ iu court 70 nuke