Daily Republican., 1882-02-24
The Law Against wiscbcr aft.

The Law Against Wltcbes aft.
The action Of Squire Bertotlette, a
few days ago, in binding over colored
man to answer at Court the foolish and
absurd charge of witchcraft, to say the
least is questionable. The better way
to have dealt with the foolish colored
woman who brought the charge would
have been to send her home with the
advice to Danish such foolish ideas as
that her husband was bewitChed, from
her mind. 1t is true that witchcraft in
the early history of our country was &C
knowledged to be a serious crime pun
ishable with death, and even in en-.
lightened New England, persons said
to have been witches have been burned
to death, but those laws have all be-
come obsolete and New England to-day
bushes with shame to think that she
ever had such statute upon her books.
If Mr.. Bertolette undertakes to enforce
the letter of the law in Delaware sim.
ply because he finds such laws upon
the Statute books and he feels himself
In duty bound to enforce them, he will
dnd many absurdities as great as the
punishment OF witchcraft, but We have
TOO high an opinion of our learned jus.
tice, IS to suppose for q moment that
he would attempt to enforce such laws.
AS well might he bind a colored man
over to court for voting at any time and
Mt any election in the State, county or
city, simply because the Constitution
OF the State explicitly says that only
free white male citizens shall vote 1t
matters not that National Constitu.
tional amendment gives the colored
man the right to vote, Delaware has
never accepted the amendment and so
far as the State is concerned, every col.
ored man in it who votes does 50 H.
legally. If colored man was 10 be
brought before our amiable Squire,
charged with illegal voting under the
Constitution and laws of the State, he
would be bound to hold him for Court
upon the same plea on which he held
the colored man for observation-disclosures
the law warranted him in doing
30 and he was not only the creature,
but the executor of the law. If he
turned to the Constitution of the State,
he would see that only white men are
allowed to exercise the elective fran
chise, and then if he will turn to the
elec ton laws of the State he will find
the punishment prescribed for illega.
voting.
Delaware has never yet by word or
act changed either her Constitution or
her laws to conform to the National
Constitutional amendments Accord.
ing to the law it is as much of a crime
today fer colored man to pass from
one County to another, even to preach
the gospel, as 1t was in ante bellum
times.
No official act Of any Delaware Leg
islature recognizes the fact that even
slavery has been abolished. Mr.. Ber.
toilette could find as good and justitiable
law to-day to punish celored man for
passing from one county to another
without pass, as he can for holding a |
colorcd man for court upon the absurd
charge OF witchcraft. True, the amend |
ed National Constitution strikes down
slavery, and sweepsevery discriminating
distinction before the law on account
OF color, but there is no recognition of
this fact in the Constitution and laws
OF Delaware, To a lawyer learned only
In the laws Of the State, he would find
that old slave code was still the Law az
much as the law against witchcraft.
Besides this, the idea that witcbc.aft
is still recognized and punished by the
laws OF the State, is repugnaDt to the
genius OF free institutions and at vari |
ance with the enlightened and advanced
spirit of the times. Only amongst the
most ignorant and degraded is witch. |
craft recognized and encouraged, and
we cannot but look upon the action of
Squire Bertolette as step which will |
still further Inanacle the ignorant and |
superstitiOus in chains that will not be |
easily broken. Squire Bertoette would
have display ed his usual quick and
good sense of justice and morality f he |
would have bound the ignorant woman
over to keep the peace for bringing III I
serseless charge of witchcraft against
one Of her own color and az i.noraIt az |
herself.