New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-06
THE SOUTHERN Sites.
DELAWARE.
TIE CIVIL RIGHTS ELL DECISION.

TIE CIVIL RIGHTS ELL DECISION.
wuLsiSCToS. Del, Nov. >.
The opinion given in the Court of General
Sessions Of this State that Civil Rights Act is opera-
tive and void far itrelates 10 the matter Of tes
mony In the Courts Of Delaware f. important one In
its connection with current events. Judge Glpn, who
pronounced the opinion, Is considered Republican, was
throughout the the side Of the Uuon and though
always with the guard. stl marching In the army OF
progress Only fortnight ago, In prOnouncng decision
from bench he severely ebukcd the tone and express
sons of a. s. Senator Salisbury who rs counsel had been
arguing motion before limand had INDUCED la play
of lila opinions For these reasons tho action
Of the Court totally unexpected by most ana there
were still Other circumstances which made IL appear
Al he May term Of Court 1906 Immediately after the
passage Of the Ciyh Rights act among other offenders
tence usual The CmciJustce Gpin) would not pass
the sentence. His reason this; The laws OF the
State, for all feOcs except larceny and capital olenses
made distinction IN the penalty between white men ana
"freo negroes or muiattoes" Tho latter had inflicted
upon them Tie additional punishment beside iuht Mhch
White men received, OF being tOId into slavery FOR
For arson of Court House or Public Office n white man
would be deemed guilty Of felony, fined 0OO stand one
hour In the plOry receive co ashes and he imprisoned
nos over 20 years II tie Oucnder were cOorcd man. ne
was IN addition 10 lhefOreBOng 10 Do sold 40 servant
For breaking into house with intent TO commit n
crime not capital, the penalty for white man Was TO be
deemed guilty Of felony fined not lcss than $780, nor moro
than $500 stand IN tie pOy hour, receive not less
than 90 than 40 ashCs, and be imprisoned not
10 years. IL cOOred man. he was, additionally, TO
be sold as "a slave foT term not over seven years.
For Larceny, the punishment was essentially different
for the coots person, other than free negro
mulao" deemed guilty OF felony, required 10 pny
restitution money equal 20 twice the value OF the stolen
property; or II lad been restored pay likewise It's full
valuc receive 20 iashcs, be imprisoned not over three
years. and conyicts Jacket the badge ~ ms
crime Tor six months after discharge But colocd man
to DC whipped not less than -, more than -
usEes and he sold as slave for term sufficient 10 pay
restitution money not exceeding seven yeaIs.
Ia this condition Of the state laws Justice Gipn said
substantially thHt the Court took judicial notice ~ tho
passage OF Tho Civil Rights Act by Congress, the terms OF
which forbid distinction In puuisAment6 account of
color. The Court would regard the Act valid unless
the question raised. 10 would not take the step II
pronOunclng 70 Unconstitutional without argument
II any OF the legal gentlemen present desired 10 raise tho
question and argue IT. they had the opportunity. Tic
Court then rcmded the prisoners 10 the custody % tie
Sheriff.
Nobody raised tho question concerning tho cOnstiiu
tiuuaty OF the Act ~ Congress The Court consequently
did decide against H. The negroes. Icmandcd 30 tho
SLclis custody, lay IN jan. Tine passed Ia OgtO'