Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-06-02
THE NEAL CASE.
Justice Fields Opinion A Re
view of the Case-Neai's I'm
supported Affidavit Properly Hg-
.lnrad I,xt dur laur.f "A n h a rif q


am unable to concur with the majority of |
the court in the decision i'll this case. 1t pro- |
ceeds upon two assumptions, both Of which, |
In my Judgment, are erroneous one that on |
motions to the court the ayerments of party |
as to matters not resting within hls personal |
knowledge, If not specially contradicted. are |
to be taken az true the other, that the |
clause in the Fourteenth Amendment to the |
Constitution prohibiting the states from deny |
ing to any person within their jurisdiction |
the equal protection of the laws requires |
them, III cases affecting the rights aud IN
terests of persons of the colured race, TO |
summon persons of that race for jury service. |
The defendant, who Ia II colored man, was
indicted M MAY. 1880, in the Court OF General
Sessions for the county of New Castle In the
state OF Delaware, Tor a rape upon white
woman, crime punishable in that state with
death. On motion of the Attorney-General
of the State, the Indictment was removed for
trial to the Court of oyer and Termner OF
the county. The defendant then presented
petition praying for its removal to the CIR
cult Court of the United states, setting forth
as grounds for the application that lie was
citizen OF the United states, and OF the state
OF Delaware, of African race and descent
that by the statutes of the state all persons
qualified to vote at lts general elections were
liable to serve AZ jurors. with certain excep'
tOus, not important to be here mentioned
but that, by the constitution uf the state. the
right OF All elector was enjoyed only ny free
white male citizens over the age OF II years
that the levy court of New Castle county was
required at its annual session in March, to
select from the list of the taxable citizens of
.he county the names Of lOO sober and
judiclOus persons to serve, II summoned, as
grand jurors at the several courts to be held
that year and also the names of 100 other
| sober and judiciuus persons to serve, II SUM
moned, as petit jurors iii such courts that the
levy court, at Its session in March, loSO.in thus
selecting persons to serve, If summoned, as
grand and petit jurors IN those courts, III
| Guiding that of the general sessions and that
| of oyer and terminer had selected no persons
| of color or African race, but. on the contrary,
| had excluded them because of their race ana
| color that the prothonotary and clerk of the
| peace of the county had drawn from the list
| of those selected the grand jurors by whom
| the indictment against the petitioner was
found, and the petit jurors by whom he was
to be tried, and that persons of color and OF
| African race, though otherwise qualified had
always been excluded from serving ON juries,
| in the county aud State because of their race
| and color that by reason thereof. the petit
| TONER, in the finding OF the indictment had
| been. and IN the trial thereof would be- denied
the equal protection of the laws and further,
that by the exclusion OF all persons Of color
and African race from the grand and petit
juries Of the state. by force of its constitution
and laws, the petitioner WAS denied and could
,,,.l;,,.t .,,l,,,r,l.
secured to him 10y the act Of Congress pro-
yiding for the equal civil rights of citizens OF
'-' 'r,., t;,,'t, -, ~ ,,,.. ,,os a,lon,ad
- uI W "a aSia, ~
presenting the petition assumed that its liin-
latiOn of the right Of suffrage TO White male
citizens WAS stl!l operative. notwithstanding
,.,'4'.h at1r a,i,.
foia'n a. ,i', .' '- a. i -,
- -; 1T, , ~, ' ~ IS,,aa,,th
t.its ~ , 80 80 ,,,i,
,rn,n
Observation-Disclosures, ~ ,,.ii,r.r,. arI s,,c,, bs.
- 80 -, .,,It,,, - ~ y, ,,,.t - A.,
''t ~ -. y, ~ ,,,;
'n''' ~ III III ~ "i" ~ t /,
III M; -. - - -,
'uo 'aa'e ~ .tiV ~ FL
,i',aii..i ',,i f,,.,i', ttat Il al W.,
! - 49, ~ ,t ~, ~, a. -, ,i',,,,n
'PPe'' tii''' - - 80 ~. i..,.
u NM ~
Nao ~ " .iie % e2',lIu
| 80 ~ ,e i - - -, 80 IN.
We w a ~ 80 90,
~ Nm. I'M , 90 en,ii " - '' III
= w ~ VI tiiVst
dtPiNt'i'! ~ ~ l y. ~
~ t"e No. ~ "'o'
itiu' uuilioI' ~ - ny h'ItH'hl! ~ Justh
-, tui,''a - 4t'' ~ "a -
T. ''Fid ~ " t'"lo''t ~ tttie count thA' wv
"an ~. ,,,9 r.,
o u.' oil'iNiit the't gu W i''9i .ne ~
VI i, - t,iIl - - ~;
,,'.' = - ,,.,',1,4i 80 -
y,.s ~ ~, ~ ~ -
icahune ioi tpe llV'loil tue Hetl"h VI tile icy.
Noull III seteetulS PtiH"'is " HciNe' II sum
nloheu' ~ grand anu Petll jurors ana th'
atii1h " me PtotilololaiS aliu c!erh VI tn'
p."o' " -. ."uit's - pia"iHe Wy iu NO. ~
'iotii .'te iist y. toao sIie1te anu 'iie 40,
7fqueilt " tha et.loiiel llsiitS
4! oi NH'ttL ale sla'eu ~ tile ,ctiti9ii lot w
sIi " ~ M 80, s,'i'' 40 ~
VT 49, - ~ at''i.''' a. VI Wv
: | N'ate NaiNc" tuls "Hlls9Ioh anu couHehte'
| tlat the ntalelneilt7 ia That petition should b
, taken and treated as Of the same force an'
effect in the consideration of the motion /
,unsb M if prp.rntcd Nv a sennrst, affidavit
| it, ,,,,,;', ,,., AZ. t,s.arl - sr,a. RI,
I | ,,i,j ~, 49,, ,,t, w ,,,, Ia, ,r,
IHtdlhti uiiu'I uNlTSiueIlt ~ Nol'e uaE7 wa
denied pecause, although ia TACT no person
a OF African race OF color were ON the pan,
either OF the GRAND or petit iury no eyideuc
had be,,u produced or offered bv the defer
ia,t a., ,,,,,,,, III, ,nt,,,.,,,, thst ~, nycI,
l''ii' ~ t''
7iot WIS " icaS"l ~ tilti eoioi vi race IN
= tht court coulu MOI accept sucA TACT aT estal
:. | llshed from the circumstance that no sue
a | uetsOus were on either list or panel nor frol
4 | ths uttaiileG affidavit of tile defendant bl
u i-Ii IL, =, .,l,,,i -, -. ,,,.,,l ,,t.,
r 49, Vii't' y i4'i "a Aeett Pio Pr, ''ii ~ "a
r HNe'f " 'oi'pettv,'t' 'cotihlplH oulSiuc u -
" own AlhdaVlt. Tins rullng constitutes III u
Il opinion Of the Hlu1ty vi the court, reSGrs
= bic error
q. II il obyio1- Hint tins mere fact thst I
- ,,...,,. ~ ~, i,,,,,.t -, ,,..,,' t,t1
/ jurors is not evidence that such persons we
. excluded On account 81 their race or colo
- The law only required 100 sober al
l. iudieious' persons 10 be selected to serve