Delaware State journal and statesman., 1867-12-06

| t. " tlfthtuL Ill luil flihiNh ~
OHiEr JusTIcE GILPlN, Of tins State, upon
that portion of the Civil Rights bill relating
to the rights" Of certain parties to give
evidence In State Courts. The points unon
which the Judge rests his opinion and
which were concurred in by all the Judges
except Judge WALEs-are clearly stated,
and VIII, we trust, set at rest the coujeciuSes
and opinions of those sapient reviewers,
who, without knowing anything whereot
they spoke and wrote. have greatly injured
the people and laws of our State by giving
out oil over the country the scandalous and |
erroneous impression that Delawarc's laws
are oppressive, Delaware's justice is sham,
and Delaware's citizens are barbaIians aud
heathens.
We are not a lawyer, know nothing what
ever of law, have had very little TO do with
II, and so far as we can control our own
actions and feelings, we mean to have moth
ing 10 do with 1t; but we will venture, never
theless, the assertion, that the position Of
Judge GlLrIN will be declared TO be strong
and sound hy those who, being educated 10
the law, are competent TO Judge of tho force
OF his arguments and the strength Of his
reasoning as applied 10 the question then
before the Court
Judge GuPIN has been assailed by petty
maligners-in advance of the publication Of
his opinion-as being a copporhead, disloyhl,
opposed to the Civil Rights Bill, and. with
other equally false and malicious accusations,
because OF this Oplnion; and the new spaper
press of other cities taking up the cry, have
most wantonly heralded them all to the
world As truth, in terms of fierce dGnuncia-
ton and reproach. They will now have an
I opportunity TO review and we trust abandon
{ their course and infuse into theiE criticisms
c hereafter a little more of the quality of re.
spect and decency becoming gentlemen.
t They but waste their energy and weaken
the cause they would serve when they accuse
+ Judge GILPIN with disloyaliy OF its kindred
+ associations. There is no truer patriot in
d the Union than CHIEF JUSTICE GlLP1N.
/, During all the long dnd bloody rebellion he
/ stood by the national flag and the national
i government. His influence and his purse
were at all times thrown in favor of the unity
:. OF the country; and where lie stood then he
/. stands now-on the side of Union, LlbeI ty,
Law, Justice and Right The people of Della.
ware know him well, and they point with
pride 10 the purity and official integrity ot
Il the Bench OF winch he is the presiding head.
{ The charge of corruption and injustice has
never been as much as whispered against
y the judicial character of our State, and in
i no part of the land is justice administered
II more equally, and without reference TO those
u distinctions Of society which render partial
= ity and lavoritism so common in other places
y than here in Delaware. We feel therefore
70 in common with our people at large, that III
the malignant filings made upon our courti
and Judges by persons from and in olhel
)" States, great injury is wrought not only Il
~ the cause of truth, but also to the genera
~ interests and prosperity of our State, ana
= is in view oil this fact that we have said thi
h- much at this time; we do 1t under a pressin,
." conviction Of duty, 10 the end that trutl
ne may be vindicatcd, and our glorious liul
y Commonwealth cease to he the object {
10 unmerited derision and scorn in the land.
In KENT COUNTY ocroBER r. 1867.
he The State of Delaware, Indictment for a
Id, "a Assault and Bat.
,as Moses Hash. terry, &c.
,gs There was no formal opening Of the cas-
,ur to the jury. The jury having been sworr
Mr.. Draper, the Deputy Attorney Genera
stated 10 them, that thew were cmponnellc
oi to try the defendant for an assault and ba
m. terry, as charged in the indictment, and will
am. out further remark, proceeded TO call h
witnesses. The first witness called was
negro man, named Berry He took /,
lad place at the witness stand ready to testir,
ire, when Mr.. Comegys the counsel for the d
On lendant, objected to his competency, on II
-, ground of the Act of Assembly OF Februn,
pie 8, 1899 the eighth section of which ~,
lrs. re enacted in 1859 and is TO be found in Sc
lad ton OF chapter 107 Of the Revised Cod,
ep. which section declares, that in crimin
prosecutions, free negro or free mulatt
MS if otherwise competent, may testify, if
he shall appear TO the Court that no comnete
len. white witness was present at tile time Il
lact charged IS alleged to have been cot
mitted, or that white witness being
ing present, has since died, or is absent from Il
uck State, and can not be produced
ling Mr.. Comegys stated that there was q col
az petent white witness present at the time d
'ne alleged assault and battery occurred.-th
be he had been subpnnaed, and was then
.red Court ready to be produced on the call
.ois the State The fact that there was sucl
white witness present was admitted. II
Mr.. Draper, instead of calling the viii
witness, Immediately addressed the Con
remarking, that the objection of the cou
Av- sci for the defendant, brought up the oul
r. tion OF the cOnstitutionality of the Ci
oso. Rights Bill; and he proceeded Mt once
state the grounds upon which he claim
N oI that the evidence OF the negro was admis
Rev. ble, and to discuss briefly, the question til
raised. He insisted that the Civil RIgl
mi. Bill was the supreme law, and as such, "
Ing binding on all Courts, whether State
rlan Federal; and that any State law viii
wor- came in conflict with ii, was rendered n
tbe and void. And, in support of these nc
a. tions, he cOntended that the power 10 pi
'n'' the Act in question, was expressly CONFER
uary upon Congress, by the recent amendment
ten, the Constitution Of the United States, will
even decares
No., "a That "Neither slavery nor inyolr
nsN' tary servitude, except as punishment
pers crime, whereof the party shall have bt
convicted, shall exist within the limits
Tim the United States, or any place subject
= ini' their Jurisdiction.
next And (2) That "Congress shall hi
Sew power to enforce this article by appropri
vices legislation"
puI- Mr. Comegys replied, in support of
objection, and against the constitutional
of the Act of Congress, and argued
question with ability and Mt considera
oper length
eve. No suggestion was made by either of
,ncis counsel that the negro called to the sta
as a witness, was the person upon VIII
eaK- the assault and battery had been commit
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