Daily Republican., 1880-05-21

amendment 10 luo Noi btltailun was
adopted. In eve,y o'ter respect either
in tbs constitution Ct the laws Of the
State wherever the word "wEite' oc-
CURED, Mr.. Gray was free to admit
that I'll had b,en wiped out by the
Fifteenth amsnament, and that where
ever a preference under the law was
given to white man simply on account
of his color, Mr.. Gray admitted that it
was a violation of tie amended Consti-
tuition to which he bowed in
humble sutmiss on. The Court
ais, toot occasion to say that
though there may have been
no special law passed expunging the
word " white" flom the laws of the
State it was clearly understood that it
was of no avail.
Mr.. Higgius very foroibly dwelt upon
the f. that though the operations Of
the laws had baen changed by the pas
sage Of the Fifteenth amendment no
colored man had ever yet been chosen
to serve as juror in the State courts
and the attempt TO require proof that
the levy courts Of the State, the clerks
Of the peace or the prothonotaries had
used discrimination in the selection of
jurors simply on the ground of race
and color was mockery Of justice. If
no discrimination had been used, in
community where the colored men are
one fourth of the population of the
county, some of them would have been
selected.
The argument was not finished last
night and it will require the judges
some time to make up their decision in
the matter, though it must be made by
morning next as that is the
time set to 60 on with the trial Of Neal.
Upon matter Ct such weighty import,
The court will give the question special
as the decision will not
,nly be handed down to future courts
As a precedent in our own state but it
will NO doubt be precedent to be quo.
ed and used all over the country as
sxigencies may require.
An attempt has already been made
70 make political capital out of the
proceedings against the Republican
party, and the latter are accused of
rying to shield Neal in his heinous
,rims. The prejudices of the people
will be appealed to on account Of what
will be called an attempt to put "nig-
'ers" on juries, and all the low and
'ulgar political clap-trap will be used
y willy politicians to influence public
pinion and bring odium upon the Re-
party. With well-meaning
snsible people all this will lave no
vail. Mr.. Higgins in the faithful dis
hsrge Of his duty to his client could
AVE done nothing less than he has
lone. Had Democratic lawyer been
by the Court to defend Neal,
1e would have been recrsant to his
luty had he done less than Mr.. H;g-
,ins has done. The whole thing is a
question of law and not of partisan poll
'ics, and we are glad to note that so
'ble Democratic lawyer as Mr.. Gray,
he States Attorney, took this view of
be question and treated it in a fair {
impartial manner without reference to
olitics. Whatever may be the decision !
+ the Court in the matter, the outside j
urface of the question shows that !
here has been discrimination used in !,
le selection of jurors by the Levy |q
ourts and that too on the grounds of !
ace and color, and as the Supreme !
'ourt of the United States has decided s
aat the conviction OF colored men by
jury thus chosen would be
legal, why not settle the question I
CIV This is the object of Mr. Hig- )
ms in making this test. The fact !
lat he IL the Counsel, not of his own
skiing, Of Neal, has only given him t
10 opportunity to make the test now, D
lat would have had TO lie made some .
me in the future. 1t is a question Il
lat had to be met and no time was ""
ore suspicious than the present. MIR.
iggins has done his duty so far, no ,
after what the result may be. The o.
.cision Of the Court will now be anx- d
usly awaited and if favorable b
the petitioner will settle the ques- u
IN for !the future az far as Delaware IL
concerned, but if adverse there Is
reliability that the United States Su. !
RENE Court will have 70 decide il as i, 4
id in the Virginia cases.