Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-01-13
Further misrepresentation of Della
zeure LAWS

ware laws
Commenting on Governor Halls message
the Philadelphia BVening Bulletin ssys
But the Governor has no word of condem-
nation for the system devised by the Dela-
ware Legislature, by means OF which thou
sands of citizens were DISTINGUISHED IL was
the existence Of this system that provoked
Federal interference and such interference
was authorized by Congress because it is not
purely Delawares affair whether American
citizens are disfranchised and whether Con-
gressmen are sent to Washington by unfair
means to make laws for the nation. There
was Federal supervision of tine assessment
lists, because when there had been no such
supervision, the lists excluded certain classes
of citizens from exercise of their rights and
the Governor regards 1t with wrath chiefly,
we venture to say, because one OF the results
OF the first honest assessment that has been
made for years was to shake the State from
stem to stern in such a manner as nearly to
relax the grasp by which the Democratic
party holds 1t. The Federal interference with
the courts amounts to this, that the govern
ment is not going to allow Delaware courts to
punish Federal officials for doing their duty
under a Federal law which is antagonistic to
a Delaware law. When there is a free ballot
and fair play in Delaware the Federal govern
ment will certainly not NEEDLE.
This is merely sample of the BulIettn's
persistent misrepresentatlon of Delaware
affairs. The system devised by the
delaware Legislature is precisely tine
system now in use, and all that wau
claimed in behalf OF Federal supervision
was that such supervision would
secure its more thorough working and
therefore accomplish inore complete jus,
tioe. How is a system which only needs
to be fully carried to secure justice, a BAD
systemp As matter of fact we have
shown again aud again that
the failure under our system to
of the negroes as has since been ac-
complished was not due to the officers OF
the State, but to the neglect and indiffet-
ence of the Republican politicians who
had quarrelled among themselves over this
very negro vote, which was persistently
used in primary elections against the
men who contributed the money neces
sary to secure it to their party. This is a
matter capable of proof, and when paper
published as near to this State as the
Epenin9 Bulletin goes on making false
statements like the above concerning the
matter it is guilty of wilful misrepresenta-
ton. The Bulletins suggestion as to
possible unfair means by which Con-
gresham is elected in this State is
amusing after the recent withdrawal Of
Judge Houston's notice of an intention to
try that question before a Republican
House. Had an investigation been made
1t might have been incidentally shown
how much actual bribery it took Ito
shake the State from stem to stern a.
the Bulletin puts it.
Equally false and misleading is the
the Federal courts with the processes OF
the courts of this State. 1t will be tune
enough for the Federal government to re.
fuse ito allow Delaware courts TO pun.
Ssh Federal officials for doing their
duty under a Federal law which j;
"antagonistic to Delaware law,
when some evidence has been shown
of a disposition to do such thint
by some Delaware court. The Bul!ettI
will certainly admit we, presume, that
deputy United States marshal might Will
holding that office, commit an act agsins
the laws of the state he lived in. 1t Ger
tainly knows that there have been deput,
United States marshals in its own cit.
who had frequently committed offence
against the laws of Pennsylvania an
who might upon occasion, do the lik
again. II then deputy marsha
can commit an otfsnse against State la,
the State must have a right to try him TO
such offense. If it should appear on th
trial that the charge against him wa
based on the exercise OF the nscessss
force to enable him to perform his dut
under Federal law, EVERY EyENIN
admits, as it has admitted throughout tn
discussion OF this matter, that that woulG
if proven, be a valid defense against a
Indictment for assault and battery. VIII
we object to, and what the people {
Delaware object to, is the practical denir
by the Federal courts to the cour
of this State of any right to try depu,
marshal, even SO far as to ascsrlai
whether he has committed any act again
the law, and whether or not, il he has,
has such a defence as tbs bulletin si
gests. The question is not as to the rig
of 1.-THE Delaware courts to punish FEEDER
'officisls for doing their duly under
Federal law" but as to the right of II
Delaware courts to try citiz ms of Del
ware for any violations of law commit,
by them while acting as Uaited Stat
Deputy Marshals.