Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-09-27

Tho Superior Court and Quarter ses-
siona commenced Saturday morning at 9
Wits Chief Justice Comvsys and Asso-
ciS.o Judges Woottsn sud Houston on
the bonch, Tho case Of j. Hwood Black,
q hsbesa corpus, was taken up. n. q.
Bradford, Jr., Esq, foz the petitioner.
Charles B. Lore, ESQ, for the creditor.
Mr.. Black 10 citizen OF Psnnsylvaris
and was lahsn upon a oapsss nd rsspon-
dendum.
Mr.. Bradford claimed the release OF his
client upon the ground that the arrest of
Black upon o&pies ad ronpondendum
without En afldsvit of fraud, an affidavit
of fraud being required by stasu.s in the
Gaze OF cur own citizens, WAS IN violation
of article 4, Geotioa 2 OF the Constitution
of tho United States, which guarantees
to The oitizens Of each ststs, all the privi'
le-cs and im1uni.ies in every other state
Of the citizens OF tbotc ntEtel, and OF
.rtiole Of the Fourteenth Amendment to
tho Corstiiusion, which guarantees TO all
citizsa. Of the Ulited Sssteo, the nAme
privileres and inmunitie in each stnte
TO which its own citizens ars entitled.
Mr. Bradford produced several authori-
tatu VI tnN puDlChlN Obh't tNpst W t'HNu
his points and alno 10 show that tho
citizens OF nuothor state were entitled TO
tho sane rulce OF evidence, the same
method Of procedure, the same funds-
mental right OF perhonal liberty and the
same rights OF ownership and property
that the oi,izens Of Delaware are.
Mr.. Black has been in jail for shout
| month. ."-"
MIR. Lore 10 reply argued that the
Fourteenth emeadmoD, and tho casos
offared by Mr. Bradford applied to cclorea
citizens Only. Tha, ,itizen IN our statutes
meant resident that summons would
| compel citizen Of Delaware to sppear in
court or suifer for not doing so, and tina,
a rosiasns OF tho State would not have
the same privileges thst nonresident
would have, II sueh sffidsvit we're not re-
quired. He held tina. the word Citizen
vas synonymous with resident. He
claimed that the Court could only arnnl
or declare void the act Of the Delaware
Legislature, and az consequences throw
Mr. Blsok upOn the common law, and
liable to arrest. man Is entitled to the
Same protection 90 his property az 10 his
person.
Mr.. Bradford IN reply ssid the differ
| enoe between hinself and Mr.. Lore 10 that
| tho law (of 1879 10 valid and tho arrest
lawful while he (Bradford) claims the
Law valid but that the arrest was illegal.
| At the conclusion OF Mr.. Bradford s
argument the Court said (: eve have
had no time to give an elaborsts opinion
| in this matter, but we are unanimously
Of tbs opinion that the prisoner should
be discharged. We havs never had the
law called In question before us before,
but We think It one made for con.
vsnience and one that interieree with the
immunities OF citizons and in direct viola
ton Of the Constitution Of the United
States. A citizen Is not a resident in the
full sense Of the term and are not
synonymous. We think It in full con-
tradictiop with the common law and ap-
| proved cases on the United States Consti-
tuition, and We release the prisoner"
John B,sdtoid, B'q moved that, a.
'Et tntt'ta.Ht s',.' fe-sl
| alloys -sins, tina, b.-.es". "oahtt