The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-05-21
Ghe0eteLlf9ltrte1s
% Tsll .fAi>0i - 70 h.nI
A Taylor s,rauder case in berkeley


who Is in jail in this city awaiting the do
cIsion OF the Court Of Appeals on q polni
raised by his counsel in arrest Of the sen
tencc Of death passed upon him by The
Circuit Court The point Is that he wal
convicted under q statute that IS not In
harmony with the Fourteenth Amend
ment 70 the Constitution Of the United
States and the Civil Righh Bin passed in
pursuance thereof, Tho amendment re.
ferred to macta that mo state shall make
or enforce any law which shGll abridge
the eprivileges or immunities Of citizens ol
the United States; nor shall any State de,
ptiye any person Of lie, liberty, or prop,
erty, without due process Of law, nor deny
70 any person within iS Jurisdiction the
equal protection Of the laws" Contrary to
tue alleged spirit and letter OF this Oonsti-
tutional provision, sTRAUDER was tried
under law that excluded ciLizsns Of his
own color from the jury, and therefore
was convicted without receiving that fair
and equal protection Of the laws towhich
he was entitled, and which was guaran.
tced TO him by the Constitution and laws
otthe United states. Whether this point
will be considered well taken by the
Court Of Appeals remains to be seen. We
observe that 1t was not allowed, although
1t came up in a somewhat different shape,
by the Circuit Court of Berkeley county,
In case where the question was raised a
few days ago. The case was that Of
JOHN ToLlvER, a negro, charged with the
murder Of ANNA BUTLER. His counsel,
Messrs, LAMoN and BLACKBURN, submit.
ted a motion to the Court to remove the
case to the U. s. District Court upon the
ground that trial in tho Circuit
Court under the statutes of West Virginia
would be violative Of the 18Th and 14th
amendments Of the Constitution Of the
United States, and in conflict with the
provisions Of the Civil Rights bill passed
by Congress in 1866. The motion was
denied by Judge HoeE, and the trial was
proceeded with in his Court. This denial
will not, otcourse, hinder ToL1vER's coun.
sci from carrying the case before the Court
oi Appeals in the event OF conviction,
and there it will take It's place along with
the case Of sTRAuDER. Should tho Court
Of Appeals decline TO order new trial in
either case, no doubt counsel will institute
proceedings in the United States District
Court to take the case out OF the jurisdic.
ton Of tho State Of West Va. altogether,
and we may not see the end Of the mat.
ter until ii reaches the Supreme Court Of
the United States. Tho point raised in
these cases is very important one, and
will become precedent in all other
cases provided 1t is sustained. In other
words, It will be tantamount TO so amend.
ing our laws that hereafter no citizen will
be excluded from jury on account oi
his color. twill not surprise US to see
the Court Of Appeals order a new trial
for sTRAuDRR on the grounds set forth
by his Counsel. Indeed, taking the first
section Of the Fourteenth Amendment to
mean what II says-viz-that tall per-
sons born or naturalized in the United
States, and subject to the jurisdiction
thereof, arc citizens of the United States
and of the State wherein they reside"
we do not well sec how a new trial
can be denied in the Eiace Of the enact
ment that mo State shall make or en-
force any law which shall abridge the
privileges or immuhities of citizens Of the
United Ststes." The 9th Section Of the
Constitution Of West Virginia, as Il
read when the crime was committed, pro.
vides THAT the citizens OF the State are
the citizens of the United States residing
therein" and thus recognized very clearly
the superior status OF citizenship con-
ferred by the Constitution and laws Of the
United States. But even II this was not
the case the subordination Of any law Of
tho State affecting the rights Of a citizen,
TO the Constitution and laws Of the United
States, would lie just the same. And
therefore the provision OF the code under
which sTRAuDER was tried limiting the
privilegesIof iurorshiPI TO "white male
persons" would seem 10 be null and void
and 10 entitle him to new trial.
We notice in the Berkeley county
trial that three Of the FAULKNRRs as.
sisted the prosecution against the pris.
oner-yiz;-CHARLRs. ]. FAULKNER, Sc.
nlor and Junior, and E. B. FAULKNER,
and we presume the point raised by his
counsel was very elaborately and ably
argued in favor Of exclusive State juris,
diction by these gentlemen. Nevertheless
the question Is one OF such moment to q
prisoner, where lie and death Ia an issue,
as to demand still more learned and au.
thOritatiye investigation and decision, and
therefore We expect to SEQ the question
fully tested, as 1t ought to be, in tho case
Of sTRAuDER, and perhaps also in the
Berkeley county case.
Tho Capital Question ut Parkersburg
and ClhrkNhnTr.