Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-09-23
The A rIemps 10 Deprive this State OF
Aurbartty Over Criminals,

.
Authority Over Criminals.
The AorAfng Nens makes clumsy
attempt at evasion IN it's reply to
our question with regard to its
views as to the propriety of the denuucia-
ton by Senator Bayard and Congressman
Martin of the present attempt to deprive
this State OF its hitherto unquestioned
jurisdiction over criminal cases arising
within its limits. II has allowed a corre-
spondent to declare in it's columns that
there is something unprofessionsl and
absolutely disgraoeful in commenting on
the matter at all, but it refuses to say
whether or not it shares that view. 1t
advances the singular theory that the whole
matter is private one which does not
concern the public. which is certainly an
absurd declaration concerning an effort
which strikes at the every foundation of
the sovereign authority of this State over
its own citizens aud Inhabitants
William Neal was duly convicted under
the laws of this State of capital otfense
and sentenced to death He had fair
trial before an intelligent jury aud being
poor man the State assigned him capable
counsel who in turn had at his command
all the processes of the State for COM
manding the attendance OF witnesses. Ii
was of course the duty of that counsel to
do everything in his power to prevent any
injustice to his client and he has never
publicly complained that the trial was not
as fair and the jury as impartial as any Mt
that or any other term of court. On the
plea however thst there were no negroes
on the jury which tried the criminal his
counsel made application to the court for
transfer OF the case 10 the United States
courts and, after deliberate and mature
consideration, that application was re-
fused all the judges on the bench con-
curing in the refusal, though they differed
in party opinions.
Here the utmost that could have been
required as a counsels duty towards his
client manifestly ended. Yet Mr. Higgins,
refusing to accept the deliberate Judgment
of Judges Comegys Houston and Wales,
the two latter members of his own politi-
cal party, goes of and hunts up judges of
the Supreme Court OF the United States
and secures from them some sort of inter
ferencs with the processes of justice in
this State which required the Governor OF
Delaware, in courtesy to the Federal
tence until the right of this State to try
its own criminals could be argued before
the Federal Supreme Court. To say thai
such action is net subject to public inquiry
as to motives, and criticism as to effects, is
absurd That the object was to force
negroes, as negroes, on the juries Of this
State is manifest, and that the object
of this in turn was to secure
the favor of negroes, possibly OF
a party, but more probably of faction
within that party, is almost equally mani
fest The effect of the success Of such
moves is one which can readily be fore.
seen. Whatever may be said of the rela
tive intelligence and morality Of the white
and black races, experience has abun'
dainty demonstrated that negro men are
peculiarly prone to the offense for which
this negro was tried, convicted and con-
demned and in state in which there is
SO large proportion of negroes as in Del
aware, there Is peculiar demand for GER
tainty of conviction and severity of pun
ishment for those guilty of criminal
, assaults upon women. But the very differ
, ence which makes negroes more prone to
this form OF crime, makes those of them
not guilty of it lenient in judgment of
, those who are, and the practical effect Of
, efforts to place negroes on juries will be to
prevent in most, if not all cases the con.
Viction and punishment in any way what
ever of men guilty of such crimes
[ To say, then, that this is matter which
5 does not concern the people of this State
that it is not proper sub jet for public
l criticism-is to say tbat the people aut
a their representatives have nc concern il
the execution Of our laws, the protection
h of our people and the due punishment O
q crime, The mere probability of such al
h effect as we have suggested is in itsel
sufficient, throwing aside all consideration
If as to the wider effect OF such an infringe
. ment upon the rights of the State TO TIA
q execution Of law in general, to arou9
e protest and awaken alarm concerning ia
# Intentions of party, one of whose prom
y inent leaders can take such action agaiuA
"a the State to which he owes allegiance
ar not only as H citizen but as a
III officer Of its courts, called in thi
Al case peculiarly TO represent them Nc
in only ia it proper matter for comment bu
20 unless in some way it is distinctly al.
Nv avuwed by the party of which Mr.. Higgir
IN is one of the leaders, il is II proper issu
" in the present State canvass, and the me
no who still believe in the maintenance OF Il
right which tuis State has exercised will
at out question for over century, 10 pun
nd ish its own criminals under its own Law
lie by processes Of its own devising, ~
nd bound to help overthrow the party respol
he sible for this new attempt 10 cu.tMl i
AZ authority and weaken its laws in matt
ID. which deeply concerns all our people al
tie in which the certainty of legal punis
it ment has preserved us from the aiserec
a full mob violence watch follows su,
nd crimes i'll states where tho panishment
inadequate 10 the oGense.
Iiy We do lot care to discuss with
lite anonymous correspondent of the M0yHj
IL NeDS the propriety of the illusions
Try Senator Bayard and Col Martin TO L
&C. attempt to prevent the Carrying out of t
res laws Of this State in the trial
ess negroes for capital offences by /
lis iuries drawn by the State authority. '
to ask the NeDs, itself, to make its COZ
be plant aud to say whether OF not Il
ort movement by MIR. Higgins vas iaspir
ian by political motives, and whether or not
has been used for political effect
also suggest that it interview the Repuh
wo can candidate for Congress and ascerts
its what opinion he expressed on tine suhj,
are Immediately after the courts decision v
AL rendered. Let us got ripht down n