Daily Republican., 1880-05-21

on account OF tnelr rac3 anu color, II
he claimed had been done by the Levy
Court and other State officers Of Delaware
as he claimed had been done in the
jury which was to try William Neal for
his life. Ifas has been stated by
the Court the constitution of the State
does not exclude colored men from per-
forming jury duty, there must be dis
elimination somewhere, for there has
never yet been q eolOred man summon
ed upon any jury in the State Courts OF
Delaware. If, said Mr.. Higgins to prove
he would be required to
20 back of the secret actions OF the
Clerk of the Peace, the Prothonotary,
and the Levy Court, then justice will
be rendered farce. The fact is potent
that colored men are continuously ex-
cluded from service on the iuries and
not he nor the Court Of Delaware, but
the Supreme Court of the United States
has decided that this is in violation ol
the Fifteenth Amendment of the Consti-
tuition. The most Of Mr.. Higgins, time
was taken up in reading quotations
from tho decisions of the Supreme
Court, but his comments we're forcible
and strong and at times eloquent.
Attorney General Gray replied in re-
buttal of Mr.. Higgins' arguments. He
said that was the first time in the his
tory OF the State when person charged
with heinous crime had undertaken
by a sworn petition to asperse the tri-
bunal which was to try him. The de-
fendant he said claimed that by the ex-
clusion of colored Jurors he will be de-
MED the equal protection OF the law.
The statements in this petition Mr..
Gray said must be taken as "prima
facia" to be true.
If his claim that under the consti-
tuition and laws Of the state men Of his
race and color are excluded from serv-
ing as jurors, then this removal as
claimed to the United States Circuit
Court should be allowed at once under
section GAL Of the revised Statutes. Mr..
Gray then argued that the allegation
was not that he cannot have fair
trial by the exclusion of negroes from
the jury, but that by the law they are
so excluded.
Judge Strong, himself says that be-
tore the United States, Courts take cog
nizanoe of these cases, the right must
have been denied by the law Of the
State, and section GAL applies only to
those SO denied and to such as arise by
imprsper exercise Of the laws. The
impediment in the laws is q ground Of
removal; the improper execution or
neglect by the officers to perform their
duty, is a ground Of quashiug.
Mr.. Gray then argued that the laws
of the State did not exclude coiored
men as jurors and quoted the foil owing
abstract from the constitution adopted
in ls49 to prove that point:
Gan persons qualified to vote at the
general elections, shall be liable to
serve as jurors.
There is nothing in this said Mr.. Gray,
relating to color; the law is very &C
commodating in it's phrsseology in
1879 colored men were not qualified
even to vote and then they were not
eligible to serve as jurors, but now
they are qualified not only to vote but
they constantly exercise that privilege.
Your Honors said Mr.. Gray, are sitting
as a count of last resort, and the Su
preme Court will depend upon the
given by your Honors
Of our laws. In the SANDER case the
laws of West Virginia expressly say
that no eslored man shall be on jury,
and consequently, the Supreme Court
declared it unconstitutional. Your
honOrs are asked to decide that there
Is no such law in this State, and should
the matter ever 60 to the Supreme
Court, that body will abide by your de-
oision. As far as it being "prima
facic" fact that the colored men are not
drawn on juries, it is such fact as
needs proof. If you decree favorably to
The petition, you compel us to admit
that persons of color are not entitled to
vote in this State.
Should the case be removed to the
United States Circuit Court, it is taken
10 tribunal that, having no common
law jurisdiction, cannot try the case.
As far as squashing the panels, it must
be shown that colored men are SO ex-
,luded as to deprive the petitioner Of
his full and equal rights. If you say
,clored men must be put on juries, l
Tread to see when man 8 race and not
his intelligence qualities him as jur-
)r.
At5J o'clock the jury in the Kennedy
Woodrow slander case which had been
,ut all afternoon were sent for but
Upon representing that they could not
,grse, were sent back to their cham
Der. The members in the first panel
If Jurors were discharged from any
further attendance at Court and at
As a recess was taken until 10 o'clock
tomorrow morning. '
for Decoration Day.
The Decoration Day committee on in
composed OF A. j. Thompson,
/. W. Hancock, Joshua wainwright, W.
J. McNair, and DR.. J. p. Wales, re-
luest the cooperation Of all military,
ivic, benevolent and literary sssocia-
ions, together with city, State and
toverrmsnt officials, clergymen of all
Sunday schools, public
md private day schools, lodges, musical
ocieties, representatives Of the press,
discharged soldiers, sailors
nd marines, and patriotic citizens.
hey will please notify some member
+ the committee of their acceptance, in
rider that the chief marshal may ar
al.ge for their position in line, and
to item necessary in
tructiOns.
sale OF BUILDING Lots.
Mr.. J. r. Heald, will sell at public
ale m SATURDAY. afternoon at 3 o'clook