The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1886-12-18
NO BASTARDY LAW NOW.
with thS Fourteenth Amendment to the
Consultation.

Judge Duly RuIss That it is Not Consistent
with ths Fourteenth Amendment to the
Consultation.
The state baStardy law was declared
unconstitutional 10y Judge Duffy, Of the
Criminal Court, OF Baltimore, last week
TIE law provided for the arrest and pun
ISl!ment Of a white woman for bearing all
Iiiegltimate child: but if she disclosed the
name of the father, whether white or col
"I2I, the mother was To be released and
.he father prosecuted, to compel him to
give security or indemnity to the state
;or the maintenance OF the child for seven
rears. In the case OF James Smith, col.
1red uau, an effort was sometime since
made, at hearing before the Supreme
Bench, to have the statute extended to
embrace within its provisions a colored
man; but all the judges (wi,hoUt passing
upon the cvnstitutionality OF the law,
1Iich point was not raised, as the law,
N,s desired to he retained. if possible, for
he protection of the culored woman) CON
Cured in The opinion that the law could
not be extended 1t was this case which
Mr.. Wariag, the first colored lawyer adj
mitted to the bar in this State. argued SO
ably. Ii was his first case after his admis
sion. Thomas Il. Driscoll, a white man,
vas arrested in August last on tho oath
Of Sarah +. Clinton, No. North Castle
street, for being the father of her illegi-
innate child, born April ,, 1856.
Thomas G. Batter, counsel for Drlscoll,
constitutional under the first section of
the Fourteenth Amendment, which reads,
ali persons within the jurisdiction of the
United States, shall have the same right
i'll every state and territory to make and
enforce contracts, to sue, be parties give
evidence, and to the full and equal bene-
lit OF all laws and proceedings for the Sc
cuIty OF persons and property as is en-
joyeu 10y white citizens aud shall be sub
jet 10 like punishments, pains. penalties,
taxes, licenses, and exactiOus OF every
kind, and to no other
Judge Duffy decided that the bas-
tardy law denied to white woman
equal protection with u colored woman
in this respect, that it made a white wo-
IN III who had an lIlegtimate child liable
TO arrest and prosecution. when no ST. CHI
proceedings were provided as against q
-. 4 ha o,1
nIeG woman the right to have the father
u her !llcgitimate child comDelled by
process OF lAw, to support the child,
eight according by the law to the white
wrmai:, and was therefore in that respect
also uncDnstitutiout Althou III there
WAS no discrimination in color made by
the law as 10 tine putatve fathers, since
ths liability OF the father depended upon
the mother being white, that part of the
law which punished the father being de-
pendent tur its operation upon a prece-
dent portion of u q law which was uncon.
stitutiouaI, is itself unconstitutio nal.
The whole law, therefore, is against the
Fourteenth Amendment OF the Constitu-
tru OF United States and is avoid. The
case was submitted to the court without
argument and Will be appealed by the
state, 50 that the Court OF Appeals may
authoritativelv settle the question.
Deputy States Attorney Cans agrees
with Judge DIlty, aud SO stated. but
says an appeal is desired, that the law
may be decided for the whole state, as a
county judge might disagree with Judge
Daily as to its consti!utionality. AS it
stands, no arrests VIII be made, in the
city At least, under the bastardy law.
The next Legislature will probably pass a
new law; that is, If the Court Of Appeals
agrees with the decision.