Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-01-06
The n,uw n, our state courts.

The blow mt Our Stale Courts.
While we are disposed from statemen
made to us 60 do,iht the truth Of declars-
tious prbliely made concerning the char
scter Of the ac's which led to the indiot
ment of certain uni,ed States deputy
mershals for assault and battery, we do
not care to discuss at this stage OF the |
proceedings whsther the acts we're OF M
mlttfd In the line of the duty of such |
officers or not. II such were the CASE 1t |
could be shown at their trial in defense.
The JouBSALs criticism on the action |
taken in the United States court Is that 1t
prevents any trial whatever Of this, as
well IS of every other question connected
with the cases. or course, 1t Is possible
that deputy marshal might be indicted
for assault and battery for acts which he
conceived to be In the line of his duty,
but we suppose no one will attempt to say
that 1t would be impossible for such an
officer to do acts which would not be in
the line of his duty, and for which his
position as deputy marshall would afford
him no warrant or excuse.
Most of our readers can remember
| sad affair which led to the indictment and
trial for murder OF police officer Of this
city charged with accidentally killing
girl by shot fired at a hseing prisoner.
The man was acquitted because the evil
depce raised some doubt as to whether
or not it was the shot fred by
him that did the fatal work, aud
no! because he was policeman. But
had deputy marshal committed similar
act on the day of the recent election,
according TO the principle laid down in the
transfgr Of these cases he could not have
been tried in our State courts, and as the
United States have no laws against murder
committed within the limits of a state, he
could not have been tried at all. There
cannot be any dividing line drawn. II
the State OF Delaware cannot try its own
cltizens for ffenses against It's laws when
saoh citizens happen to be deputy mar.
snals, then the United Slater Marshal ha,
the power to create class of citizsns who
+ are beyond and above the laws of the Staff
they live in.
I This is the position The JOURNAL il
It lacking, and it confines its criticism t,
L the matter of principle involved and doe
is not propose to go into the merits OF tn
cases, which would have come out, o
n course, on the trials had they been above,
81 to take place. Iotelligent and moderst
re advocates of the rights and powers of th
Id we have granted In this discus
" sion all that they can reasonabl
W ask. We have declared that we shoul
to account it valid defense agsinat an in
is dctment for assault and battery il til
70 accused were able to show that the &C,
ne complained Of were the exercise OF suf
St cient aad necessary force TO enable thei
le to perform their duties under the Law
Ne authorz iug their appointment. We hs,
Il" gone much further, aud granted that tt
in refusal by the courts and juri
III of a State to admit and consid
b. this plea would warrant such legislation
Ill the constitution would permit to seeu
er the. transfer of such cases to the FEEDER
,st courts, because we do not believe it ougl
or nulify Federal laws by wantonly ohH,rut
les ing their enforcement by the punishme
", of those charged with the duty of SUI
he enforcement. But we do object to assul
no ing in advance that the peaceful, regul
OPP and ordinary action OF the courts Of
ne state has such an action In view, and
the arbitrary seizure and release of pr
ill oners held by them for trial. This Is
,re new position for US TO assume. Sor
lis years ago We printed an able erti
18th from a leading law publication &C
no trolled by Republicans protesting agail
by the arbitrary action of Judge Bo
as in releasing prisoners held under author
lis. of the State courts of South Carolii
ing That was nearly four years ago, and
/ a imagine that the time would come 30 so
TO when we should have to make SINH
YER protest in behalf OF the imperiled rig
EN- of our own insulted State. 1t is W,
pns perhaps, that the usurpation is creepi
if Northward, and we may hope that by
and time it reaches New England the peo
out will have their eyes opened to its unavo
nen able effect of crushing out all semblai
!eir OF local self government