Daily Republican., 1890-02-22


Fen. 10, 1s90.-Iu my article kindly
published BY yon Jan. 80, l sid among
other things that the tar law OF '73 could
do no good nor could 1t be honestly exc |
cuted, and have thought that 1t might
be wall TO Try 10 ascertain specifically II
possible what Us effects on the different
Glasses Of our citizens has been and must
continue 10 be, hut before doing 90 wish
to call your attention aid that OF the
citixens ~ the causes OF an d the circum.
stances which brought Il into being.
Many Of Us well remem her that - . re-
suit Of the lac Civil War the U. 9. Cou-
stitution was amended, and what was
known - the Civil Rights law was enact
ed. To both OF these measures and all
others looking towards the elevation Of
the colored race our then Senators, Bay
ard and salisbury, we're opposed, but
their Opposition dill not prevent their
passage. They became part oil the con-
stitution and laws OF the United States.
In the year 1870 Il think) Archibald
Given was appointed Collector for Will
miugton by the Levy Court, and during
his term OF Office he was indicted, tried
aud convicted In the United States Court
for violation Of these scis. This was
too much for Democracy. and some
means must DO used to screen Demo-
cratic ofilcsrs from such Outrageous acts
GU the part 0f the United States, and the
best efforts, not only Of the State Legis-
lature, but OF the United States Sountors
~ we'll, must be brought iuto play 10
pre- vent these Ao.s Of the general uovern-
meat from being carried into effect 10 the
| sovereign Slate oil Delaware. These
efforts resulted 10 two things. One 8ena-
tor raised the cry Of white mans party,
while the other concocted tue assessment
and collection laws Of rs. With the frat
OF these We have uothing TO do now, but
will turn our attention to tho second.
This Law Ii said aud acknowledged TO be
mainly this work OF ex-Secretary OF State
aud ex. Senator Bsyard. The open and
acknowledged purpose Of this act was to
prevent, a. far - possible, the lately en-
frsnchised black man from voting In this
State. Mr.. Baysrd was at that time 4
United States Senator, sworn officer OF
the Tn ted States, and while % Senator
he hal = right to oppose these N ensures
on their passage, YET, when they became
law, he was bound by lis oath, ~ well
Is his duty ~ citizen, to At least quiet
" permit their ex cution without oppo-
s'tion until repealed. This 70 common
| / ease a. well ae common law.
1 oub uAis W 40 nOt Ou soG u
tor he was also an attorney, and he had
o client, aud an attorney NUT be faith.
full TO his client, hence We ought not Per.
hspe Judge him too harshly II ho thou gh,
his obligations TO his client superior to hil
obligations to the nation, especially &C
siDce that client was the great Dino
cratic party and Mr.. Bayard was the head
of the party In this State. l have nc
doubt 1t was hard job; no doubt he had
some conscientious scruples 10 to 1t.
beiug strictly In accord with either thu
constitution of the State or OF the United
States, but the case was urgent aud tn,
cllent's interest must DO maintained Al
all events the decd must DO done, and
Whist has been the result? The part,
has been kept IN power and Mr.. Baysrt
In the Senate until be voluntari y stepped
out aud banded the Office over 10 bi
chosen suocets or, and he took highe
seat. Aud now let us consider what ha
been the effect upon the various classe
OF citizens comprised In the State. Al
to Its Legislators 1t has had but it'll
effect, except to make them Democrats
. Through It's workings they have beer
elected, aud II they have ~ times ha,
: doubt Of its conslitutioaality they wer
not lawyers, and lhsy had an attorney Il
, | t'io tuut 4utEtiou Euu ui1 OptLlbu W a
law; aud may say now for the cOm,or
OF any who may still have = lingerin
doubt on that score It 10 now settled, tn
court has decided the matter so this
their minds NAV rest essy, aud II an
r DOUBTS troubled them as TO its justice
q why csrtal " It 10 rs fair for one side a
. the other, As 10 Its renetit., u eiscte
then, and must needs therefore be
benefit to the state, ior are not they
i part oil the Ststel
. But this law, like every 9th er Law
must have officers TO execute It's pre-
visions. These officers are assessor.
levy court commissioners and their 81
: pointees, the eo'lectmA The assessor
are, In accoi dance with their oaths, sur
q posed to te boutd TO asss, every man
their respective districts legally entitle
/, to assessor yet the constitution doe
. not say they muet and the law we III
cons dering does not say they must, so
they carelessly overlook some, end ei
pecially those Of the other party, snrei
no law Is violated. Who Is to Call ther
10 account Tor their carelessness an
then those entitled to assessment,
\ they can prove their riaht by fire.,
Y holder, may attend tho appeal and pei
: hsps get his name on, but when apes
: day comes the law docs not say that til
!. | assessors shall SIT TIL all appeals ar
: heard and legally disposed OF. But til
assessor may fix his own time and clos
his books Whenever he thinks prope
and send the hungry applicants to tn
!, Levy Court and the court may, II 1t $
desires, ind other business to occupy 1t
time until the limit OF time has expired
when the assessment must close, arl
. thus buudreis may be sent away with
y out redress after making every effort t
. get their names on the lirt. 1t is tru
! that this Is done In direct violation {
! their oaths of Office, which require theI
to sssess every man legally entitled, bu
s then the law evidently has anothe
!; meaning and Interpretation than ths
u expressed IN its language, and when W
il coueiier the object Tor which Vt wa
framed its true Interpretation is not har
:, to lid.
When the assessors or levy court com
/ misaioners or collectors take the oath {
Office, 1t is to perform their duties &C
cordIng to the law governing the case
but the oath does not say whether In III
spirit In which law Ia usually uldersioo
or 10 the spirit aud intention OF &C
! complaining what Its trainers intended
We ali unders aud that when an oiiics
\ undertakes to perform the duties OF a
: oliica he Is morally bound to fulfill all To
i requirements OF the law, so far as he
abe; 1t 10 the duty of tho assessor t
assess carefully and with all reasooabl
:. despatch all who are entitled; IL is tn