Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-05-05

WIN W tVHy ihui sooJj way ~ 'oo'
.a-e.-.e.-....-..s--.. ....-s-.--s- ---.-.k.E.r
rae Decisfon Of the supreme Court
IN the Seal Case.
A. dispstch published elsewhere
Hnnoauced that the Supreme Coart at
Washington had rendered decision in
the ease OF William Neal, the negro now |
ring in jail in this county under SEN
tence Of death for an atrocious outrage on
a white woman in this county, which de-
eision reversed the Judgment Of the State |
court in refusing TO quash the |
indictment on the GROUND that negroes |
we're excluded from the jury. The |
Supreme Court holds that there is no ex-
clusion of colored people from jury SER
vice under the constitution or laws Of this
State, and that, therefore, there was no
ground for removing the case to the
Federal court for trial, but it declares,
according TO the dispatches, that
there was ian improper exclusion
''of colored men, on eccount Of race, from
"the juries by which Neal was indicted
land tried" If ever Judicial decision
was rendered unsupported and unwar-
rsntsd by scintilla Of legal evidence,
this was such. There was at least a
plausible ground for declaring that the
constitution and laws OF this State
exclude negroes from iuries, since 1t is
only by the Interpretation of our courts
that our laws have been brought into
conformity with the legislation Of
Congress based upon the recent
amendments to the Federal constitution,
but, austaining the unanimous position Of
our own! Judges in this matter, Messrs.
Miller, Bradley, Harlan and Woods oil
the United States Supreme Court so be-
hind the actions of the Levy Court of this
county, and assume that the absence OF
Of negroes from the juries Is evidence
that they were left of because they were
negroes and not from any of the causes
which keep large majority OF white
man of the jury lists.
We grant that there is ground for a
strong suspicion that this may have been
the CASE, but every one who has paid any
attention to the matter knows that there
has never been any legal evidence as to
the intention Of the Levy Court. CHIEF
Justice Waite We are glad to see dis
sented on this very sround-that the
mere fact that eolored persons were moi
allowed TO serve Oh the juries in TIL,
case did not prove that discrimination
was made against the defendant OIL
account of his race. He said that "th'
unsupported affidavit of the accused
THAT the exclusion Of colored men frou
'.juriss in Delaware Is on account Of thsi
''rAee is not enough to justif,
''thIs Court in reversing the judgmen
.'of the Court below" Certainly it wa
not, and yet on this unsupported evidence
OF else on none, ths men named, holdin
positions on the once honored Suprem
Bench, did render decision reversing
decision by State court in q matter owe
which the Federal constitution doe
not give the United State
any authority. There is no us
in pointing TO such decision
with view to convincing anyone OF any
thing. They are the mere partisan declars
tons OF Republican contradictions
caucus on the Supreme Bench and eve
80 strong Republican as the Chic
Justice refuses 70 sacrifice his reputatio
al judge and lawyer by eoncurring
them. We see nothing in them but
new proof Of an aggressive desire
dsurp power by the partisans force
on the Supreme Bench by recer
administrations. -.-=.
AS to the practical effect, We are n,
sufficiently learned in the law to state i
We presume that our State authoriti,
will pay sufficient respect to this dictu
of an accidental majority OF the degrade
Supreme Court to give Neal a new tria
though there really appears no leg
way OF enforcing the decision n
any practical method OF preventing OIL
State authorities from going ahead al
hanging the culprit. A new trial wi
however, We presume, be granted hi
and 1t seems from this decisit
that there must, in order tn
the authority Of this State ahs
bs recognized, b. come negroes
the jury. II negroes were drawn and Il
right Of counsel to peremptory challeng
were exercised for their exclusion, by t
same process by which the four judy
rendering this decision reached tn,
conclusion, they would be surs TO det,
mine that the negroes wt
challenged on account Of col,
while on the other hand
Is here regarded as very unlikely IL
any conviction Of a negro for Nea
offence will ever bs concurred in by
negro juror. AS matter OF fact at I
instance and request of Delaw;
lawyer the Supreme Court of the Unit
statss has usurped the author
to say that there shall be no more law
punishment Of the crime of rape VII
committed by negroes in Delaware. Thi
amatter for grave regret, not because til
guilty of this crime will 20 unpunish
for such will not be the case, but beeai
the orderly and lawful infection
the only adequate punishment VIII
has saved our State from u
Law in any form will be- hereafter imp
sible. Either this will be the case,
else the crime will be frequent, and
do not envy any one responsible.
bringing Rbout this dilemma.
hoat Of the morning papers are OF
opinion that President Garfield means
push the Star route conspirators to
wall, but the New York 1'ibune's co
spondent seems to be- craftily prspaI
people for back down on the Preside