Wilmington journal., 1876-03-24

burg case. to SUSTAIN this position, ia
which that judge had d. ciared that
this position did not conflict with the
opinion of the United States Supreme
Court in the Slaughter House cases.
His argument arriving at the con-
clusion that the court has jurisdiction,
Maj. Badger next took up the facts of
the case and endeavored to show that
conspiracy did exist with the four
Robeson county commissioners for
the purpose of depriving Dr. II. M
Norment and Neill McNeill of their
seats in the Constitutional Convcntion
Col. French followed, but before he
concluded, and not long after the com
nencement of his argument, Maj.
BIdger asked pt rmission to rep,y to
one of his positions, giving as reason
for this request that he was compelled
to leave on the z o'clock train for
Raleigh, speaking only few minutes
as to the jurisdiction of the court.
After this Col. French resumed.
The five prop )s;tious hn made were as
follows:
1. No Federal court certainly could
have had Jurisdiction over this cause
before the 18th, 14th and 18th amend
ments.
2. The 18th, 14th and 18th amend
mants and the enforcement acts passed
to carry them out do not give this
court jurisdiction, but the acts were
passed solely to aboli sh, slavery, to
compel the States to recognize ne
| grOes and mulatoes as citizens, to
compel the States to give to negroes
and muiatoes the same rights as to it's
white citizens, and to protect parties
IN such rights as they hold, as citizens
| Of the United States, but that the
rights that II citizen holds as a citizen
of s ate, the State courts have the
same exclusive jurisdiction over them
since the amendments as they had
before.
3 If the court had jurisdiction over
the case section 5, $50 and 5,519 would
not apply to this case. for penat
statutes must be stately construed
4. The court must find that the
commissioners construed the statutes
improperly. the con missioners had
to use their Judgment and discretion
N constituting the statutes.
). The court must find from the
evidence introduced by the government
that the commissioners acted cOrruptiy
and with criminal intent or at least
maliciouSly and without probable cause
At the conclusion of Col. Frencb's
argument, ex-Judge Cantwell asked
leave to be heard in the cause as the
counsel for DIR. r. II. Norment, speak
ing more than an hour, as we learn.
The JOURNAL reporter having left, We
cannot give a synopsis of his argu.
ment, but learn that be insisted that
the court should still bind Gen Cox
over to the Circnit Conrt, notwith-
standing the fact that the United
States District Attorney had previouslv
entered a nOlLe 11rosequi as TO Gen.
Cox, and Geu. Cox having been dis
charged by the court. taking the
ground that the District Attorney had
no right thus to act
The court reserves its opinion until
to-day at eleven clock.
(From Thursdays DAILY JoURNAL.)
The United States Commissioner
decision in this case yesterday morn
ing was the subject of great deal of
jesting comment with the community
generally, and with lawyers especial
ly during the rest of the day. On
Tuesday, after the case had been elab-
orately argued, the court adjourned at
late hour to meet again yesterday at
IL O'Clock, when it was announced
the judgment of the court would be
rendered. On the Saturday previous
u. S. District Attorney Badger
made his appearance in court and an
nounced that he took exclusive control /.
of the case, ex-Judge Cantwell retiring
and at the same time stating to the !
hot ha lor
Attorney to prosecute for the United |
States before o. S. Commissioners in |
such cases. When the hour of ad- |
iournment on Saturday arrived, the |
District Attorney stated that he saw
no evidence to connect Gen. W. Il. |
Cox with a conspiracy, if any conspi- |
racy existed, and as to him was willing
to enter ,aolle 1oroseQui.
The Q. S. Commissioner then dis
charged Gen. CIx. His counsel, the |
Hon. O. P. Meares, called the |
courts attention to the fact, and |
he wanted the y. s. Commissioner |
to bear witness that he as
counsel for Gen. Cox had at no time |
during this investig. ton asked, apd |
did not now ask for the discharge of |
Gen. Cox; and he wanted the record |
to show that he was discharged by the |
court because there was no criminal |
charge proven against him. Maj. |
Badger then said that he assumed the |
entire responsibility of entering the |
aoUe prosegui. The court then dis
charged Gen. Cox and adjourned until |
Tuesday.
On Tuesday, when the testimony
was closed, Maj. Badger argued the |
case as to the probable guilt of the four
Robson county commissioners, Gen. |
Cox heing entirely out of the question,
neither he nor his counsel being in |
court, aud indeed, Gen. Cox having re-
turned to Raleigh. AS soon as Maj. |
Badger concluded his part of the ar
gument, he left the court room and |
took the O'Clock train for Raleigh.
Col. French followed him, the discus
sion being still confined to the question |
of jurisdiction and the probable guilt |
of the four county commissioners. At |
the conclusion of Col. French's speech |
ex-Judge Cantwell asked leave to re-
appear in. the case and address the |
court. This lie did for more than an
hour, contending that not only the
commissioners, but that Ge Cox also
should be bound over. AS stated, the
decision of the court was reserved
until yesterday at o'clock, at which
hour the argument was again resumed
by ex-Judge Cantwell and Col. French,
aud was continued for more than
two hours, Judge Cantwell still
main tanning that Gen. Cox should bs
bound over, notwithstanding he had
been discharged aud had left the city