Wilmington daily gazette., 1872-10-29
For The Gazette
thoughts for Reflection on the
Trial Of Archibald Given.

Thoughts for Reflection on the .
Trial Of Archibald Given. i,
In the GAZETTE Of Friday last we spoke Of the :,
trial of Archibald Given, one OF our County Tax r
Collectors, as being one of the effect of cenrali-
zaton; of that obnoxious system of legislation
adopted and persevered in by the Republican
Party for party ends, and for the aggrandizemen.
oil party power. Let us follow out still further
some Of the evils that may. and doubtless will
if the course Of the Republican Party is 10 he
endorsed and ratified at the polls next Tuesday
- flow from this trial as baneful pre-
cedent.
In the first place. the Collector is appointed
by the Levy Court and gives bond for the faith
fu perfol nance ofhs duties, any violation OF
which is made punishable by our State law
How much better is It to leave wrongs to be |
righted at home where the proper remedy can
be best applied. In the private family what |
pater r.familias would allow an interfering neigh.
hor TO administer correction 10 his errng child
And SO in the larger family Of States-for the
principles OF government have like foundations
in each-how soon would good order, peace and
prosperity be interrupted, and finally destroyed
if the management Of the internal affairs Of the
States were not left TO themselves, bit subjected
TO National control. If an example Of this is
required, there can be no more forcible one pre-.
sented than the history ami condition Of the
Southern States since the war.
Further, when the collector makes his return
to the Levy Court, he is examined by that body,
usually by a committee of its members, appoint.
ed for that purpose) and has an opportunity to
explain his return and make full disclosures q
to his information Of its correctness; the Levy
Court also having the power in their discretion,
to examine him on oath. But the collector on
trial in the U. S. Court for violation of the
act Of Congress Of May 3lst, 1870, has no such
opportunity for explanation. His lips are by
law sealed, and any negro can testify TO having
met said collector ut any hour Of the day or
night, OH the street corner, and offered TO pay
, his tax but was refused the collector Of course
is not therefore to be excused for not being
ready at all times and in all places and circnm.
stances to give the necessary receipt for any tax
which may thus be inopportunely offered him y
or to having called on the collector at his Office
, to pay a tax and been refused An ul:scrupuloui
witness may make hundred accusations, and
, though every one be false. how can the collecto,
q dsprove them 1t would he impossible I,
account for every minute ones time which
n wonld be necessary 10 meet all the cases tha
j. might be trnmped up against him.
. Now what is the fact as to Given's trial?-
Every witness produced by the prosecution
to prove an omission to collect, or q refusa
e to receive tax, was colored man; an,
/, with but one exception, the testimony o
, each witness was uncOrrObOrated by evel
'' evidence of other witnesses of his owl
;, color The single exception was that O
d William Myers. his brother, Joseph Myer
A. testified to what? Not that he saw Williar
n offer to pay his tax, but that he (Joseph
- offered to pay Williams tax; and again
IN that William told him he had offered to pa
his tax and been refused. Mere heresay eyi
Sc dence.
% According to the charge of the Cou
y to the jury in Given's trial, the evidence n,
X. cessa,y to convict a collector of violating til
lie act of Congress, is so narrowed down tha
not to be sarcastic, proof seems almost TO
:, Supertuous. In the report OF the "Charge
- a, found in last Tuesdays GAZETTE, we rea
be Ii you conclude there was knowing omi.
", sion to collect from these persons, or to mai
Il true return, and that on account OF race
color or previous condition OF servtude, i
''- would be presumed to intend what was Il
t $ consequence of his act. If The act tended
by ea,cay right from any enc Of these fosSta
nd persons of qualifying for tho right Of su6ro
"o such as Whits persons had. then the far leg
presumption is he intended to mako a dastih
ns ton betic0en tie e'h,te and black people" (Tl
italics in the above are our OWN upon tAIs
one COR more negroes) swears to hear offer
to pay his tax and been refused, or that
collection was omitted and the negro in co
Die sequence thereof is prevented from v0tin
lia, the Collector not being able to disprOve it I
ia want OF witnesses present at the precise tin
:. or for other unavailable reasons, stands col
!" vcted without further proof, for. as it "
,ty said, the act tends to take away righs fro
,ae said negro of qualifying for the right of su
frage such AS white persons have. and ef
:. the fair legal presumption is he intended to ma
a' a distinction bet,eeen the Thits and black pe
vs- pie.
i've 1t is we'll to have this brought home to o
are people, and especially before the PRESIDENT
election. If the action Of the Republic
party is to be sanctioned and confirmed by I
its people on the 5th of next November, It's
ect- cesses will be still further encouraged q
ms. other and greater indignities will be heap
az, upon us.
'ars Again; such being the situation in viii
MES our Collectors and Levy Court men are pl,
and ed, no honest man would be found to acct
,.v- the position, and scarcely any one could gi
security on his bond So, also honest m
would not serve in the Levy Court, an ins
ines tuition as essential to the maintenance of {
,ry. country, which is component part Of
az. State, rs is the judiciary, and II anyth
'"e more SO since the Judges salaries are dra
from the taxes of the counties. II ever Il
eets condition of AFFAIRS comes upon US, we m
cry aloud "G0d help us!'' Coo
ton cuplu's Amuuscades.
tion The sly archer, Love, shoots his arrows Il
eyen many coigns 0. vantage, but IL 10 doubtful il
q kon tx: ~ Ne fpOasS ana