Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1872-12-28

United ststes Circuit Court.
THE CASE OF ARCHIBALD GIVEN.


The L. 5. Circuit Court met Thursday
at 1880 O'Clock, Judges Strong and
Bradford present. Case of Satyen against
Springer, Morley Il Cause bill TO restrain
the infringement of a patent. By consent
of both parties perpetual injunction was
entered.
Case of L. s. agqiast Archibald Given /;
motion on arrest Of judgement,
District Attorney Higgins and W. C..
spruance, Esq, counsel for tao Govern
ment, aud NIessTs. BlyaId aud Gray for
defendant. Mr. Gray argued at length
lie said no legislative power exists In
Congress unless granted by the Constitu-
ton. All the powers granted Congress
are the active machinery supplied TO the
national government. The Constitution,
while il created a gOyernm, nt aud fixed
the consent of the States to that govern
ment and to the compact, was not de-
signed To do more than to exert conhn-
mg and limiting influence upon the States
/ themselves, and not to confer power on
! the active instrumental agencies of the
government IN any department -legisla-
] live, executive or judicial,
II created active agencies within certain
definite limits. When the sta 0s provided
a closer union, a general COVE nment, they,
as sovereign, independent parties TO the
great conf act which resulted In govern
menl bound themselves by certain provis-
ions which defined the status of each par
ticular State. Il was meant that the two
systems of government should work IN
h ,rmony, with no idea Of superiority OF
lulerorliy -cnch supreme IN its sphere.
Tho relations of the States and the gene
raj government also, The Fiiietnth
Amendment, were treated IN extenso, by
Mr.. GRAY. lie said the National Consii
tuition IN every part has written Itself on
the constitution Of each particular state
Mr.. Spruauce fol owed in argument
lie spoke of the supreme authority OF lh'
Fedeial over State laws and officers.
ADJOURNED TILL MONDAY, JAN 9Th, 1873
Thursday afternoon, at the conclusion
of Mr. SpruQnrr's argument In the Oliver
case, D strict Attorney Higgins spoke. Hl'
SAID the State can affect lis citizens cithc
by acts of omission or commission. lu ~
case before US, where the law of Della
ware imposes II penalty on this STAT
officer for drprlying these cltzens of theil
right, the United States Courts have thu
rlTht to declare the law unconstitutional
Mr.. Ba,ard said the defendant had beer
indicted as an officer Of Delaware, Col
lec;or of state and County taxes. Thei'
never was day in this State when Their
was a discrimination on account Of colo
in the collection of taxes. The chorg
is that he procured the name o
Ab.nlom Back to he stricken from thl
assessment list, by the Levy Court. 1h
Levy Couit is not created by the Constitu
tionuf the State of Delaware il is create'
p by the Legislature The assessors ar
created by tn Legislature. The collector
: are appointed by the Levy Court. II yol
impri,on revenue officer, you strike a
the States revenue machireri. The oh
iect of the l4ih Amendment vas to enlarg
/ and fix the class of citizens OF the Unite
+ states, either born here or uaturalized
4 The 18TH Amendment provides that III
rights of the citizens Of the L niled State
N shall not be denied or abridged OH accom-
4 of color, race CT previous condition G
servitude. The l4th and 18th Amendment
. have not vet made this centralized GOV
erument. Can the United States Deepen
on State laws and agencies to carry ont T.
II mowers The government Of the Unite
\ states must stand on its own force. The
N are supreme in their own domain. Befoi
I them State laws must 90 down.
a. Al the conclusion Of the argument, u
ir Court adjourned till Monday, January Gil
1878.