The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-03-15
FOR STATE RIGHTS
TOOMER ARGUED
FORCEFUL PLEA WAS MADE.
ARGUMENT BY ATTORNEY w. NJ.
TooMER IN PEONAGE CASES.


state of Georgia Never Delegated
TO United states Right to Redress
Personal wrongs, or Protect Per-
sonaI RIghts-If Mcclellan Of
tended, II Was Only Against state.
'gThe government OF the United
States is one with the most
limited powers. What rights IL has
have been delegated to it by the sew
cral sovereign states.
ssThe sovereign state of Georgia
never delegated to the United States,
or to a federal officer, the right to
redress personal wrongs or protect the
personal rights of one of its citizens.
1T never gave to il the right to prose-
cute Thomas j. Mcclellan for the Of
tense charged in the indictment"
The above words were used by W. NJ.
Toomer, Esq, of Waycross yesterday
morning in one of the ablest and most
eloquent charges that has ever been
delivered in the United States courts
in this district.
In the course of his argument Mr..
Toomer defended the principle of
states rights, and contended that the
United States was stepping outside of
its Jurisdiction when it attempted to
prosecute Mr.. Mcclellan for peonage.
The arguments both for and against
the demurrers filed in the case were
ably presented, and at the conclusion
Judge Emory Speer announced that
he would take the matter under con-
sideration and render his decision later.
In the course of the arguments by coun-
sci many delicate points of law were
brought out, and each attorney skill
fully and logically maintained his po-
sition.
The arguments were the result of the
demurrers filed in the case of the
United States against Thomas J. Nc
Clellan and william F. Crawley. The
defendants were represented by Messrs.
Toomer, Wilson & Mcdonald. United
States Attorney Alexander Alderman
looked after the interests of the gov
eminent
The Argument of Mr.. Wilson.
Judge Emory speer called for the
argument on the demurrers shortly be-
fore IL o'clock. Mr.. Leon A. Wilson,
counsel of the defendants was the first
to present his argument to the court.
The general demurrers filed were
argued by Mr.. Wilson.
The first point made by Mr.. Wilson
was that the offense charged consti-
tuted no offense punishable by the
United States. The act of 1857, on
which the indictment was predicated,
was directed against the territory of
New Mexico. To show that it was di-
rected at this territory alone Mr.. Will
son recited the history which caused
the act to be pushed through, showing
clearly that it was directed against the
United States army arresting and re-
turning Indians to be held in state of
peonage.
Unless peonage amount to slavery or
involuntary servitude," said counsel,
sit is not in conflict with the XIII
Amendment. The act of 1867 was di-
rected against states and territories
and not against individuals, and unless
they enforce laws legalizing such action
the United States can have no jurisdic-
ton, until after there is a violation Of
the XIII and XIV amendments.
THE United States must see to il
that the states, by no Jaws, deny the
rights Of individuals. The right of per-
sonal liberty and Of redressing personal
wrongs is a matter which lies entirely
with the separate states"
The special demurrers were simply
read, the attorney stating that he
would ask the court to read the brief
which had been prepared instead of
listening to lengthy argument.
MIR. Alderman for the United States
United States Attorney Alexander
Alderman replied for the government
Mr. Alderman admitted that the act of
1857 was aimed at New Mexico, but
held that under the broad power given
Congress in the Thirteenth amendment
it had the power, by direct and pri-
mary legislation, to abolish slavery
and all manner of involuntary servi-
tude, except where the servitor is held
II, s.I,..
for which he has been duly and legal
ly convicted.
Under this amendment Congress is
given the right to make the acts of in
dividuals, tending to infringe upon the
personal liberty of any citizen of the
United States, be he coolie, negro, or
Chinaman, punishable in the United
States courts.
1t was further contended by the gov
eminent that the act of 1867 makes the
holding of any citizen of the United
States in involuntary servitude, in
liquidation of any debt or obligation. a
penal offense punishable in the proper
United States courts.
Replying to the demurrer that the in
dictment was not sufficiently specific
Mr.. Alderman stated that the defendant
was specified, the act specified, the
date on which the said act was COM
mitted, the persons to whom the poems
were sold. and the disposition of the
poems, distinctly named. Nothing else
remained. AS to the fact that the
amount of the debt was not stated.
that was not germaine. as the crime
remained the same whether the debt
was s. or $500
Argument of MIR. ToOmer.
Immediately following Mr.. Alderman,
Mr. w. NJ. Toomer began the closing
argument in support of the demurrers.
The argument was logically built up
and eloquently delivered. Despite the
fact that the speaker was interrupted
time and time again by questions from
the court, and from the governments
attorney, the thread of the argument
was never lost, and without hesitation,
proceeded directly to the point which
Mr.. Toomer had in view. The argu-
ment was one of the most able that
has been heard i'm some time in the
United States court, and Mr. Toomer
was complimented by the court and
the attorneys present upon his effort.
The entire speech was an able plea
for states right, and a strong argu-
ment against the right of the govern
ment 10 try the cases in question.
The first claim made by Mr.. Toomer
was that the prosecution must show
that the McRees held the negroes I'm
question in a state of peonage; that
the defendant, Mr.. Mcclellan. caused
the negroes to be held I'm such state
Of peonage and that he knew the pur-
pose of the McRees when the men
were turned over to them.
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