The daily gazette., 1880-05-26

for whatever reason enacted, but as a
coordinate branch of State government,
IL would be unworthy for us not to
point out to the wrong inflicted upon
the State by the paramount law, against
the adoption of which she-with a
courage her feebleness makes the more
admirable-protested against. we are
bound by the supreme law; but we none
the less may speak of its effect upon the
dignity of State. And, nothing is
hazarded in saying-that if it had been
dreamed of in 'S7 that the government,
then TO be created, would, at any time,
Or in any emergency, he clothed with
such enlarged powers, as for any reason
would warrant the mere creative of the
then proposed creators TO enter into and
govern their purely domestic affairs,
such as by the designation Of fit persons
to try questions of fact between man
and man in the courts, 10 give testimony
on such occasions, and decide questions
of law arising in such trials, tfor the de-
cision of the Supreme Court cited to us
justify such construction of the amend
ment and siatute) no Constitution such
as that made then, would ever have
been adopted. When State ceases TO
have the power TO regulate her own
purely local, OF domestic affairs, accord
ing as she chooses, there will also cease
to be any meaning IN the expression OF
the 10Th article Of the amendment, that
"the powers not delegated to The United
States by the Constitution, nor prohibit
ed by IL to the States, are reserved to
the States respectively, or to the people" {"
1t is very offensive to the Sts te tha' a
mere majority Of Congress, with the
sanction of the President, can pass a
law submitting her whole system from
the decision of questions of fact and
law, by the creation of other judges of
fact and law than she has seen ft to ad-
init into her policy, with respect to do
ing Of Justice.
A State is like private family, the
members of which are justly sensitive
TO any invasion of their right to gov6 rn
themselves in their own way so long as
they do not invade or otherwise injure
the rights of those not belonging to il.
She resents, as she has right to do, at
tempts from whatever quarter to reform
its mode of governing herself.
Retaining 10 the point that no laws
forbid the selection of coloTed persons
as jurors. We answer this, by saying,
that we have no such laws. The prison.
er's counsel with the candor that be-
comes all members Of the bar. being a
recognition by them Of their fidelity to
the Court, admits tina. the mere statute
law of Delaware does not exclude color
ed men from serving upon the jories;
but, as the Constitution of the State has
a provision confirming the right to vote
to white persons, and the statute about
Jurors authorizing to be selected only
such as can vote at State elections,
therefore, he insists, the law ofthe State
excluding colored persons as jurors for
the statute and the Constitution, being,
quodd hoe in part mdterio, are to be
taken as part of one whole, aud the lat
ter read as if the words prOUtded they
are white had been interpolated
in orr statute (chapter CIX, Of Juries)
between the words persons and qualified
in the first section thereof (Rev. Code
page 1851 This view presented by him
Is justified by the mere language of tbe
act of Congress providing for removal,
hut not BY the settled law of construc-
ton andinterpretalion of g. 'atutesand the
Supreme Court in the ca.e ec.pdrte In
che matter of the Commonwealth of
Virginia petitioner virtually treated the
provision as not comforting the right un-
less it coHld be shown that there was
practical denial of equal rights and pro-
tection of them, in the matter OF Jurles,
TO the colored man. In the case of Tay-
lor Straudeu, plaintiff in error US. the
State of W est Virginia this appeared-a
statute of that State having been passed
the 18th of March 1873, long after the
the XII amendment was adopted, and
which act the State Court had decided
to be constitutional. The Supreme
Court however declared it to be in con
flict with the constitution, as they were
compelled to do in view of the decision
BY the State Court upholding the statute.
But how is it in this State? The learned
counsel for the prisoner, while admit
ting that our statute makes ner Sc no dis
crimination; yet that as by 1t taken with
the constitutional provision only persons
qualified to vote at a general election
can be Jurors, therefore the constitution
al provision is part of the Statute and
the latter is to be continued by reference
to 1t. There is very obvious answer
to this argument.
It is rule, or principle of law, of an
cient establishment, that where the pro-
visions Of a statute are inconsistent with
or repugnant to those OF latter statute
the former statute In repealed in whole
or nro tanto. If one whole act is ipcon-
sistent with provision or part OF a later
act. the whole act, is repealed by such
fact. This is settled law, apply 1t to the
casa before us. The constitution of the
United States and the acts of Congress
passed In pursuance of 1t, are ;he sn-
prsme law of the land. There could
have been no Federal Republican gov
ernment vii h such feature. such CEN
stitution and laws are such supreme law
notwithstanding any States constitution
even. to say nothing of State laws to
the contrary. The XII amendment
therefore and the act OF 1865 passed by
Congress as appropriate legislation for
its enforcement or either, are sup rior
to our State constitution and it had to
give way to them and 1t did so give way;
and was repealed, so far as the word
"white," is mentioned therein, as
qualification for a voter at general
election as soon as the amenoment may
proclaimed. to be adopted; and has been
40 understood and treated by all persons
in this State from that time forth; ever
since the last civil rights bill was passed
BY Congress, negroes have been admit
ted as witbes esses in all cases, civil and
criminal, tried in our courts when be-
fore they could give no evidence in any
such cases against white person except
in case of crime and to prevent failure
of Justice where no white person was
present at the time of the transaction
competent to give testimony. There is
then an excision OF evasure of the word
white in the qualification is now to be
continued as If such word had never
beep there. We nave then no law of
this State forbldding the Levy Court TO
select negroes, as Jurors because are me-
groes, if in their Judgment they are