Wilmington daily gazette., 1872-10-22
For The Gazette.
United States Circuit Court.
October Term, 1872.
UNITED STATES VS.. ARCHIBALD GIVEN.
Charye trom the Court TO the Jury.

the second section OF the act OF Congress- pass vi
I'd May 3lst, 1870, was, after an elaborate and y
ably contested trial, which lasted three days.
submitted to the Jury at twenty minutes past t.
six o'clock, on last Friday evening. se
Judge Strong "a member Of the Supreme n
Court in his charge to the jury which oceu1
them substantially as folows:- ii
The indictment under which this defendant b
is now charged and on trial, Is founded on )
the second section of the act OF Congress,
passed May 3lst. 1870. ID
There are In each of the States certain :
qualifications for voting, such as residence;
though the peculiar qualification may differ In I
different States. The payment of tax is {
prerequisite in most Of the States, also the
certain time before its payment. A citizen I
might be denied his right to vote by not being
assessed, or not being allowed 70 pay an
assessment tax. The act of 1870. Oiis Honor
commented in the commencement com % menu OF fs ms
of the XIIIth, XVIII and XVIII Amend
ments to the Constitution and their enforce
ment by subsequent legislation,) was passed
to guard against these contingencies. That
act is applicable to the whites as 10 the
blacks.
In some States as in South Carolina, the
cOlored people are in excess OF the whites, and
elect cOOred asst sOrs and collectors. II these
| cOlored assessors and collectors refused to
this act would secure such rights to white men
thus DISTINGUISHED SO, too, the act is appllca-
BILE to American born citlZ ems.
This act is the law of the land and its en-
actmcnt was within the constitutional power
of Congress, and is binding upon the States,
1.-THE Courts and you. jurors Congress may
not impose upon State officers federal duties
which are not State duties imposed upon them
But If state duties are imposed upon state
officers which effect federal laws, Congress can
l tI,nrit own
"free ,rhitc in the State Constitution arestrlck-
> enOut by the Amendments to the Constitution.
His Honor referred to the payment OF "a collil-
ty tax within two years, which must have Deen
assessed at least six months before, Waien .,,i
qualification is Il prerequisite to voting Ill TINS
l. State and of the provision i'll the laws OF tHe
State for dssssOrs and collectors for the perform
anee of these qualifications.
e Under the laws of Delaware The duties OF the
c0iIsrf1r are to yfcetce and to collect the taxes
for which he has given him ample powers
II He is also charged to make to the Levy Court
10 a true return of the deltnqutnts. II he makes
;. a wilful return as dead y or "lcft the state,
the tax is thereby eXtingushed, and the taxa.
IN ble cannot pay that tax; and this Is breach
e. of the collectors duty. A rtaslt to rreetfG th'
;, tar or kaontng omission to eofteft it, Is a v!o
y lation of the act of Congress; provided til,
ne collector does So on his own account OF race
II. or color, or previous condition Of scrvltude.-
If the rtturlt be kn0iciHgiy tatst, 1t Is viola
lie ton of the act of Congress. II the tax WI
he offered to him it was the collectors duty t
receive it, if not offered it was his duty t
collect it, if he could not colecr 1t, his dut
was to make return to the Levy Court Wit
the true reason why he was unable TO 90 SO.
~ lie has no right to treat persons (white o
,c- colOred) differently, OF to make any diStint
tionS whatever.
\, Did the defendant Knowingly omit to mai
WI true return: His return was left the state.
from which their names We're stricken oil I'll
The assessment list. Did he by SO doing kno,
that their names would be thus left orr
ia a presumption Of law-th0ugh not concl.
t:', on siyeLthat a man knows the law \ person
mp presumed to intend what is the natural cons
nnence of his act. just here it is importa,
ted TO observe what defendant said to Wiila
prk Nyers:-"l am not going to ioo WIN W
negroes much longer, but am gong 10 retu,
4, YOU all into the Levy Court IL Is LOT ~; yo
! a. gentleman Of tho Jury, 10 lnuse trom' VI o,.'
Of whether he intended simple return, or
threat from which they (the negroes) We're
!, "a suffar some evil But does 1t or nOt SHOW
on. knew the effect would be to strike their nam
nv. from the assessment list ana deprive tne"i
eA' their yoteso You should consider also q
intent as shown in the first return "car
6nd !" and the second return "leftthe SFate
Attention should be given by you, 10 the eN
as dpnce on the part of the delence' ol Ine eMo'
md, made by defendant to collect the taxes. py
the the coored people notifying them when a,
es where to call and pay their taxes. ana Oy
calling on them in person for their taxes.
us- may be he made diligence to collect from ON sol
for. and purposely omitted to do SO from otners
ers. He NAV have been faithful in his enort 10
sne. lect and unfaithful in making return.
an,vl II Won conclude there was knowing omiss
,ses n collect FROM these persons, or to maze true
80 turn. and that on account OF race OF color
sM" . former condition OF servituds. he would DC
nuns .umed 10 intend what was the consequence
pan. hi. sct. II the at tended to take away ri
v to ns ~. -. - thase 1--we black persons of qu
ther trom any .n @ .;,ht os ,nffrape such as white
US. .ons had then the fair legal presumption u:
intended to make distinction between the vi
and black people. :. N.- =
va So as 10 defendants conduct at NeW
t,e after his return was allowed. II you
i,eye he was making efforts to conceal "
% the he had done before. it shows some liRh'
city. MS n.;'n;ns cssss there il presumption
JAY ;nnocence in the accused. hut. gentiemen' q
learning all the evidence 1t 70 Tor you to detern
'rge II he (the defendant) was innocent. II tner
rel . reasonsble doubt you must give him tho bel
. isw Of II. But the doubt muat b. reasonable
q, the War. Ty,S.r ths S<otrh Law the Jury
cers- dsrs 4 verdict Of "guilty. 'not guilty.. or
uroved," il they eatertain Reasonable uo
f. this country We arrive at the same oy tne
..c. dict, .'not guilty.