The daily gazette., 1882-10-21
WILMINGTON, DEL SATURDAY.. OCTOBER a. 1899


port Of his speech before Judge Bradford,
which happen to know was revised In the
proof by Mr.. Higgins himself confess
that ] am unable TO understand how the
two speeches conld have been made by one
man. beg you look upon this picture and
then on that. AH
In reply to my argument that this was
not registration, Mr.. Higgins, the lawyer,
said "Sir, contend that the citizens OF
this State have a time and place where they
can come forward In person and demand
their rights, and when the government can
come In and say we viii scrutinize this thing
and see II 1t is fair.n
At the Opera House, Mr.. Higgins. the
stump speaker called the act OF 1873, "a
device TO prevent man OF the opposite
party from voting" "a device such as he
would descrlhc as a crime against suffrage"
Before Judge Bradford, the lawyer, aftor
promising that prior TO 1873, "wlen nobody
was ever supposed to perpctratc fraud, .
the action OF these laws was to impose taxes
and indirectly 10 provide a qualification OF
voters, went on to say:
but in 1878 system OF laws was devised
which very much more regulated and
guarded the action of the assessors and of
the collectors and of the Levy Court" Aud
after referring in detail to the first section
nc continues, And thus you have. In the
very llrst line Of the new act, the fact that
they meant to prevent fraudulent assess
ment--not that too much or too little tax
might be collected, 1t was not with reference
to the collection of taxes--but the fraud
which they attempted to provide against
was q fraudulent qualifying to vote on the
part Of persons not entitled to do So"
Here VIC observe that Mr.. Higgins knocks
the bottom out of Mr.. Birds argument,
which must have distressed him. But now,
since the stump speaker objects TO the law
as device to prevent men of the opposite
party from qualifying TO vote, and the
lawyer says the purpose Of the law is upon
Its face plainly to prevent fraudulent qualL
hcations 70 vote OF persons not qualified to do
SO, 1t follows Of necessity that when we find
the stump speaker and the lawyer to be the
same person, that "thc mcp OF the opposite
party" who arc "prevented from qualify
lug" must be "thc persons not qualified" to
vote, who desired fraudulcntly to do so.
Now, don't think Mr.. Higgins means to
advocate or abct the fraudulent qualification
of persons not entitled to vote, and vet 10
such inevitable conclusion would we he
brought unless his uttcrance as stump
speaker be charitably considered s'mere
sound and fury signifying nothing"
But the lawyer next refers to the provision
for hanging up the lists at ''times and places
TO be given TO the people for the rcmedying
of wrong, II wrong had been done TO them;"
'but lest he (the assessor) might fail to
reach every one, the law gives to the citizen
the right to an affirmative thing, and gives
him his day In court in which to do IL l." And
quoting the provisions for affidavits as to
identity, age and residence of the applicant,
the lawyer continues !: "All these safe
guards are thrown around the assessment
lists, not for the remotest suggestion of a
purpose to protect the counties of the State
In respects to rights Of revenue and collcc-
tion of taxes, but to protect the citizen of
the State in respect TO his right to vote"
Proceeding in his argument he read Sec
ton 4, z and = and then says s"rhus the
whole scheme Is manifest recognition by
the Legislators of their duty under the con
stitution, to throw the shIeId of penal law
around what may be case of fraudulent
assessment--fraud with respect to the right
TO vote"
Respecting the right to 90 before the Levy
Court, he says, "but there is one day longer
left in court, for persons to be assessed. F"
The provision that no assessment shall be
made after the last day of March he truly
says is enacted, "simply because the consti-
tuition requires that the voter must pay a
tax which has been assessed at least six
months before the day of election"
Referring to chapter Kill, section Is, re-
specting placing fraudulent vote on a
tax receipt, he adds, snow there is another
safe guard against fraud" Passing then to
the act of April 10, 1878, providing that
collectors should sit at specified times upon
public notices, and constituting those who
did not pay, delinquents, he says respecting
the whole system "Thus the assessors, the
collectors and the levy court are all charged
together with duties as TO the creating or
making a qualification of voters, and that is
guarded by the laws of the State against
the mischief at which the act of Congress
is leyeled, namely. the fraudulent exercise
OF the power to qualify voters by the pre-
says Mr. Higgins, the lawyer, is arranged SO
US to guard against the same mischiefs as
are aimed at by this much laudcd Repubi-
can act Of Congress to preserve the purity
of elections.
Mr. Bates proceeded to compare this with
Mr.. Higgins violent attack on the laws In
his recent speech. When Mr.. Higgins dis
agrees with himself, he asked, who shall de-
eide q There may be objections but mean
while, he eaid, out upon this wholesale de-
nunciation of a system of laws which one
lawyer says is failure because it does not
accomplish purpose which learned judge
and which another lawyer denounces In
terms of abuse, which are driven back down
his throat by the very echoes of his own
legal arguments.
TIE TWO OBJECTIONS MET.
There were two points of objection In the
law. Ono was that tho collectors adver-
tisenent was not demand, and this had to
be to prevent the collector from partisan
Federal persecution. The other feature OBJ
jectcd to is the provision that If man is
put upon tho delinquent list he shall not 20
back upon tho assessment list, or, as Mr..
Higgins calls 1t, the voting list, for 12
months. 1t was to require every man to vote
TO pay n tax each year, because the Republi-
cans conceived tho brilliant idea of having
the negroes taxes paid every two years. II
there has been any disfranchisenent of Re
publican voters Republicans are to blame.
/ say boldly and without fear of successful
that under the assessment laws
of Delaware every voter has ample oppor-
iunity to be assessed and then he has nine
months to pay his tax.
Mr.. Bates charged that 430 negro voters
were put on the assessment lists who had no
existence, being that number in excess of
the census of negro male adults.
OTHER ISSUES.
On the matter of schools Mr.. Bates said he !
was IN favor of a progressive course in this |
line. Delaware did not want mixed schools. |
II there had not been suggestion of mixed |
schools in Republican sentiment, why |
should Mr.. Conrad rush into print and say |
he favored separate schools for the races |
Mr.. Bates next paid his respects to Mr.. |
Bird who at this place in the speech which |