Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-30

election day are charged with acts
necessarily arising out of their per-
tormAncr of their duties as officers Of the
United States. They are charged with
conduct such as would warrant the iudct.
ment Of any other citizt ID of this State;
conduct not essential to any performance
OF their alleged duties. If they can show
that the acts complained of were neces-
sary to the exercise of their
power as deputy msrshas we have no
doubt that such showing would operate to
secure their acquittal by any jury of this
county called on to try them on the
Indictments That would certainly be
reasonable, and, we presume, valid d, fsnse,
AID If the right to make it were denied we
should bs disposed to say ground had been
laid for Federal legislation to provide for
appeals from trials by State courts of
Federal off, engaged in the perform
tnce of their duties. Otherwise we Cal
readily see how the operation of Federal
revenue laws and other enactments could
be rendered nugatory by the operations of
state laws in communities hostile to the
particular legislation the Federal officers
we're seeking to enforce.
But In the present case, and in all SINH
lar ones which have occurred here, the de-
termination has been shown to deny the
light of the State courts. to take any action,
whether just or unjust, toward the trial
Of any man for any ofense that he ma,
be charged with committing while wearing
the badge of deputy marshal These
men are charged with assault and battery
That is AN offense against the laws of this
State just as much as larceny, horse stea.-
ing or inoendisrism. Ia the case of AN
assault charged it would of course be open
TO the accused to show that the aci
complained Of was not an assault in the
eye of the law, because it was the exercise
of the necessary force to enable him to
perform his duty as an officer of the
Unlted States, and, as we have said, we
believe bstore any court and jury OF this
| State this plea sustained by proof would
be valid and effective. But the Unittu
States Court does not attempt to base it,
ct'on transferring these CASES on any
| denial Of this plea in our State courts, but
arbitrarily declares that the State shall not
try any If our citiz -ns for any offense
committed while they were acting as
deputy marshals.
There is no escape from the conclusion
hat this decision enables citizsn OF
Delaware, acting a. Uuited States marshal,
10 raise as many OF his felloS citiz ms OF
D .laware as he chooses above the opera.
lou Of all lay. The C4ted States has nt
laws for the punishment of murder, arsou,
Larceny or any other crime committee
within the territory and jari-dictiuu of a
) ate 1t not only has no such laws. hu'
wen the latter-dsy Republican iuterprets.
non Of its power does not claim tba 1t h4,
authority to pass any such laws,
Now, If Arthur Emerson, j. b Smith
and others recently indicted in this county
for assault and battery on the day OF thu
recent election, cannot be tried for thai
otf-pse. thew could not have been triad fo,
aly other offense committed that day
There lis no proof thus far that the offense,
OF which they were accused in any wa,
grew out of their performance of Their
duties a. deputy msrshals. For all W,
know from sny lawful evidence these me,
NAV have zone out of the neighborhood e.
the polls and committed an assault I,
satisfy some old grudee Now do no
let some ass say that EVERY EVENING
charges that this is what they did do TO
We make no such charge and know moth
ing about the circumstances attending III
assault of which thew stand ind;ottd
, What We say ia that had such been thei
uffsuse the action taken by the Unite,
= States Court would have enabled them I,
escape trial or punishment for it.
If the State of Delaware cannot brinf
one of its own citizens who hsppened /,
, hold a commission or badge as d.nnt,
marshal, into one OF its own courts t,
answer q charge of assault and bstterv n,
the indictment of one of its own prsn,
iuries It cannot bring him into court +,
answer on anv charge and any denp,,
marshal NAV. while holding that a fi,4
commit auv crime he chooses aoains
{ the peaoe and dignity ~ tbi.
State. He NAV burn a bousa murdar
e man or op,rape woman and tina Sat-. l.
] powerless to seize and punish him b.caps
l. the F, d-rsl laws saw IL shall not trv him
., Under such an INTERPRETATIONS of l,w n,
6 United ststes ma, hal NJ any district h.
= tba strsree now.r tn license r,ar IN 49,,
b init crime with i,nnnpit, for IL NO., h
q taken for granted that If the Attor,.v
General Of this State capnot nro..on,,
o ofrspd.rs a against its lsvs il, ire o,g,, o,n,,
? he will mt obasa his Snta and ;r.ri, n.
9 su.hor;tv nnda, ub;ch he ao,s hv o,rr,,i,,
t an i,dic,n,a,t ba,,,a - r-a;,.5
t Court for trial nnder the lays of D.l.v.r.
r rha corrts ~ ,his SGT. tor.=, ~.
IN viaid nror,, n, >. oo,,,.i,;,,,, as.,,,,.
t. tn the F-a4,st Cons,,r,;or a,s -,
' na...d in acoord.,.a ,ner.u;,h u.s.,
o nave d.c,or.d Tho, ,ha ~,
coda n, on- s,to ,nr.. i
/ irte-Drotea nv the la,.r a,ns,ao,.r,., >.