Newspapers / The Wilmington Post (Wilmington, … / Dec. 4, 1881, edition 1 / Page 2
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:i - - y ' n. t. t -4 1 . -V "I i,- THE WILMINGTON, POST. W. P, CANADAY. Proprietor. , WILMINGTON, 2T. C . ; -i' -f' - ',- : 3eV i SUNDAY. MOBKIKO, pEC. 4, ! We will not publish communications unless parties forward their name, so that we may know who to hold respon- sible, if 8tateiens made are not cor- rect. f ; I i free ballot and a fair count, with ii -lf-crovrnment and anti-irohi-1 W?n with ,nal riirhta to all men. I will be the watchword f 1882 bribe anli-EflU&on Democracy. . lion. George Z. French proposes to commence the manufacture of lime for . farming purposes. -He" has'the mate- j rial on his plantation near Eocky Point, and, we learn, he can make superior lime to that which is sold in this mar ket Mr; F, is a very enterprising gen- tleman, and . will succeed at the busi ness if any one can. ,. Should Congress pass the re -apportionment act before the -1st of April, and give North Carolina nine Congressmen, then Gov. Jarvia we suppose: will call the state Legislature together to redis 'trict the Btate betore the next election. ,It looks very much as if the oldjNorth State will be allowed, under the new apportionment nine instead of eight liepresentativesj as now. Congressconvenes to-morrow, and there is every indication that, the ses sion will be a very important one. The Democratic party have controlled the last three (44th, 45th and 46th) Con gressirand have blocked business just six yearaj No w the Republican party must take hold where they left off the 3d day of Marcbl875, and go on giv ing the country wholesome and . pro gressive legislation which will make the nation prosperous and happy. i There arept enty of Democrats' who are anxious to become the Mahone of North Carolina. One class havn'tgot the sand, a second lack Hhe character. But there is another, who' will at the proper time take the lead, snd with a platform in lavor of a free ballot, a fair count, local self-government and anti prohibition will carry the state by for ty thousand j majority. The Demo cratic Bourbons need net be in-a hurry about the men who are to lead in this movement, they will be '. found, and men "worthy of their steel,' too. "fcOLORtD JUBOAS. ; Vor aipng time the treatment of the colored people in the courts of the Btate has been so outrageous that the -cwureu pcopTginemseivesracatneit friends, made up their minds to take some action in the matter. Some two weeks ago the editor of this paper con sulted Colonel D. K. McBae, one of the' most distinguished attorneys and states' men in North Carolina, concerning the matter, and to-day we publish his legal opinion. And it will be seen; 1st. That the colored citizens are en titled to be treated the same in regard to serving on juries as the white men. 2d. That the county commissioners have committed perjary in not placing the names of colored men, who were 1 r; 7 . ' J ; t 3d. The county commissioners have Violated the United States law, and are liable to indictment and punishment in the Circuit Court of the United States. ' I .' I : - -; UM '; 4th, That it id the duty of the U,S. District Attorneys to prosecute these officials (County Commissioners) for refusing to do their duty by the colored rwple. ;j -"v r CoL McIUe quotes from! ths acts of Congres and dcciaicni of the United States. Supremo Court direct, the high est law making power, and the highest court in the land, which is conclusive and there can be no doubt of the right of the colored citizens to the same rights before the courts that the white enjoy. S':'."' X X Now, should the commissioners neg lector reiuse to do justica" by the coi ored people, then we hope they will be interviewed by Judge Hugh Li Uond," who UDIrtAaJ . How Am with vhlaters c! law. ' We hope that every one will read CoL McRWs opinion. It will ccrtala ly be tot the advantage of county com muionors to do so. ; ':BO JO lllNIaTtRa UUMLBCT.XisD HIL . ? v. patpick. v.ti.; There seems to be a war between our Ministers at rem and Chili, minister II urlburt of rem, says the United States (hit government) will not f allow, a war of conquest on ths part el Chili tilHsl the nation of Teru. While Minister KUpatrlck, who re prtseats us at Chili uja that Minister Uurlbat doat know anythlng'about it, and Is exceeding his iostructinat We suppose that Minis ter Elaine will come U wry soon, and recall then both, for their acti&ss hive already disced the govtraccatthtt were sent to South America to rrprmat. And we shall be very much surptbed If rrcviJcat Arthur dcat C'jIm tLem at once. v: ' -L . The KU'Ylr&!Arai wUl two colored pearlers ad the Uowm ilevtn TtHz art lacki; c? fit the cclcrrl cm atia ii tbe-tc-lb. JJS i.Sentor Vance must have the weighty ..and sententious saying of acon, parxnow ledge is power, in Jus mindj-wcea ne advised, tne L colored people not to lay too cad) stress upon the acquit Jon of knowledge. J For we all know .the views of the Senator and his following in the country in rejrard to the colored people; that they should fored docile ad submissive as jei thoasperior Cattcassian' all their effor to improve their condition and advance along the! pos, snould" receive the ut firm resistance of the Sena-1 tor nia friends. , But it is a matter WW 1 nuf5 of these selfish yet .short-sighted obi strucuonists is steadily growing smaller; and that it is fast becoming a general opinion that the more educational facil i ties, are multiplied for the colored peo ple the more will be -the improvement of the white people, v The earth does move, said the philosopher, under his breath, when facing the tortures of the Holy Roman inquisition, and notwith standing the relentless exertions of the Senator and his friends, for the past sixteen ! years, it is now - an admitted faeffhat the prosperity, of our colored fellow-citizens is inseparably connected with the welfare of the whole country. - Among some of the efforts of these brakes upon the wheels of progress, may be noticed the avidity with which their newspapers seized upon some statistics given to the public by Mr. B. G. .White, of New York, about a year ago,, upon the relations pf crime and education. The conclusion of Mr, White was ar rived at by comparing the records of crime and education in. those states where the latter was highest and lowest It may be easily recollected how the advocates of ignorance rolled the deli cious morsel, that the most criminals i .- . . were reported from those states where the illiteracy-was least. The widow told the greatDr. Johnson, "duriog their courtship in response, to his informa tion that he had an uncle hanged, that though no uncle of; hers had been hanged, she had nor doubt that she. had many who deserved to be. While in those States in which education is rifest, criminals are most generally brought to jastice, in other countries crime is far less frequently detected. Another argument is the number of divorces in educated communities, compared with divorces in those relatively ignorant This proves nothing unless it is certain that the divorces jare all that can or outrht! to be -.had. p Speaking from a knowledge oi North Carolina, there are many couples trVt $ai" be,' and . proba bly would be, happier if divorced, than actually have the conjugal tie lawfully dissolved. darkness of the period of the fifth cen tury of our era to. have to defend popu lar education. , Yet 'the attitude of its stealthy, but uncompromising enemie', has driven its friends to expose the falaciea which they artfully spread be fore the public. t There is a Constitu tional provision which has existed for thirteen years, that there shall be in every district of the. state a public school mslntaiaed for four months in the. yearr at which tir e youth of the state between six and twenty-one years shall have free instruction. This ' has been evaded in fully two-thirds of the DemocrmUc counUee of the state. rvTf ; TV? 1,1 " m "c Last winter the legislature . enacted that whenever the funds assigned- by law shall bo insufficient to. keep up, schools four months, the County Commissioners shall supplement the fund by the levy of k special tax.) As the Constitution naa'i been nullified, it is not surprising accordingly to find tha the , statute is contemptuously set aside by these same Democratic Commissioners. 1 Ine Con suttttion gives the legislature power to compel the attendance of children upon the public or other schools. Yet it is a notorious fact that in most' of the rural communities a large portion of the children never receive any instruc tion. The excuses for non attendance are generally frivolous, but sometimes the distance to be walked by these little creatures to : a public school is too great. There are many school districts in the atate, wh(vs mV central . loci tion is fully four miles from some of tne pupils residing 10 uwm. ,1 ae se- lection of school committeemen de- M 1iPP mWonei 'J19. H fperform s this delkato responaihiUty may be Inferred from the fact that they appoint persons who cannot read printed languagej . Deficient as tho echoo! law Is, its ad ministration, as above poloteti' out, b a fall re.t Thatnhls issu fctmbifc bev cape the conviction that It was so in- tended.) k. a.Lil AL1 i.Lu "n TT'"? r vut U4's schools into the hands of those whose conncuo&a are la uvcrof ropular edsw eafion, tad who p gtre the, rohlea the scrport cf aealoua.V IVyntllr steaa to be wry pcpalu now In the whole cooatry, aad is a very greai rtstjy cr ense. fiat a pay Gultai ktiat tttai frcarj&ed for "la that way; 2 iWe wfsllal, kav had ti, on la Jla rl::J C irt U,vilajuai lrT:; r 2 V fg tho WmtryGToy, N. 01, Nor. 25, 1881. COI. W. P. CaBADAY: " Deab Sib: Your application to me for my professional opinion upon. cer tain questions submitted, has been re ceived, with your proffer of such com- pensation as I shall deem reasonable, and as I see no reason why I should not comply with your application, I have attempted to do so, and herewith furnish yon with the result of my labor. I understand your questions to be J uim. --a-.-'-- 1 I. Whether, ia the selection 'of jury lists '; the County i Commissioners can rightfully select aU whites, and alto- gether exclude colored men from such 8e"ice You say the fact exists that in many j counties of the state colored men are so excluded, that in such' counties there are never any other than white-jurors; although there are in such counties a large population of colored people, and many colored citizens qualified for the service. " ''.yM jl II. Whether the Federal Constitu tion and laws of the United States as to such matters are not in7 force and to be obeyed by the state officers of North Carolina. '. JLII. Whether such officers are ' not amenable ard in what way and forum, for any disobedience ofv the provisions of the U. S Constitution and laws in this regard.7 ' t ' IV, If other injurious consequences to the general public will not flow from this official disregard of the national legislation. ; v- . The questions are of the utmost im portance, but not difficult, for each and all of them have been closed by judi cial decision in the Court of the highest authority in the nation. -, f ; w In so far as, the Constitution of the United States has touched the ques tions immediately, the provisions will be found in the three late amendments, 13tb, 14th,. 15th. These and the leg islation in pursuance thereof, cover the whole matter. ; By the 13th, slavery and involuntary servitude except for crime, after con viction, within the United States or any place subject to their jurisdiction, are prohibited. This prohibition covers every form of "serfage, vassalage, peo nage villeinage or other compulsory, service," whereby one person might be made subject to another. .W1.'- The language thongh prohibitory is of positive, affirmative action and effect, conferring the blessed boon of freedom upon all alike; and rendering to every one within tne domain of the nation, the right to be a freeman: unless by his own criminal act, of which he shall have been duly convicted he shall forfeit this privilege and immunity. The 14th amendment creates, or re- I vugaie, or uennes a.ciuzensnip oi tne United States, and of the states, co-ordinate in a native or naturalizedinhabi tant, and brings thereby this dual re UtionTof the person to two sovereign ties, more effectually within the fold of the national protection, by broadening its organic powers beyond the ancient limits, and strengthening them beyond the ancient vigor. It does alllfhis by that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of- the United States: and of the state wherein they reside."! It pro hibits to a state "to make or enforce any law which shall abridgethe privi leges or immunities of. citizens of the United States: It forbids a state to deprive any person of life, liberty or property without due process of law, and declares.that no state shall deny to any2person the equal protection of the laws. -: The 15th contains a self prohibition, as well as one to the states!! declaring that the f right of citizens of the United States to vo'.e, shall not be denied or abridged by the United States or by any state, on account of racecolor or previous condition of servitude.", So ttiat by no agency of the United States in any of 4ts departments; nor of the sutesn caa this r.ghtof if- frage implied in the aove Drohihitian be abridged because of race or color, so long as the Constitution of the United ! States remains unaltered. Neither Con gross nor legislature csn distinctively j deny or.Impair it. Whatever maj Ihave been thought by many, of the circumstances under wnich, and the methods by which, tbe amendmeaU were adopted, they have passed into iodrment. and bmtomm like the whole organic law, of which they are components, the supresejaw of theland. North Carolina has ratified them, and 1 moulded her legislation upon thesa. iih ttecn In force she has asserted i Ue paramount allerianc. vf W rfti. 1 . ... ... . MM titUo 1 twrs- I saent 01 ine cm tea dates, and that bo law or r ik- It. u I .niU iv.r M. . ... v?r , I force, Gonatitntion of North Caroli - art.latc.5w And aotw ithsUadlr r the r rescne of these amcadoenu tn the iXatiasal Coaatimtion, ah declares in hers that she will 'ever remain n member of th 1 American Uaioa, and that th peep! tWtcf arcxteXth Ilcaalsg thertby X snrposn, that ale wHl continue to be a nenier tit lthatArpecplara amendments are the direct act of the people for the people, we cannot won der at, the since? and.cor'u. manties taticaexUbiulin 'the i;al3ye citation from tie ttaUConstllntion.i Emphatic at least, if not guabiag.Ily4n ftbi History of these Amendments were their primary object and purpose judi cially ascertained. In the "Slaughter TTnnu im.mi tHhm RnnrnRf a Court of the I United Butes'said: foone,can jfail to be impressed' with the one pervading I DUTDOM IOIIIia III 1U U1Q ftiUQUUiuouw lying: at the . . - foundation of each, and without 'which none of them would have' been suggested. :; We mean the freedomof the slave nee, the security and firm esUblishment of that freedom. and! the protection" of the newly made 1 freeoan add icltizen from the oppres sions' those who had formerly exer cised unlimited dominion over them. 16 Wallace 71. ; ( And in a later case the same Curt speaking of that clause in the 14th Amendment, t which declares that a state shall not deny to ;any. person within its jurisdiction the .equal pro tection of the laws." Eoquiresrs" What is this but declaring! that the law in the alkies thalt Uthe turn for the black as. for the i white, , that -all persons, whether colored or whito sAaff ttahd ejtLol bafon th laws of the states, and in regard to the colored raceFer whose protection the amendments were pn marily designed, that no discrimination shall be made against them by law, be cause of their color. . Straudec vs. West Ya 10 Otto 807. To such an extent was the colored race the object of the amendments, that I the Court "very much doubted, whether I any action of a state, not directed by way of discrimination against the ne groes as , a class wiu ever oe neid to come within the purview of these pro- visions, lb Wallace ex. , . : l North Carolina has not by any statute I or ordinance autnoriaed, sanctioned, encouraged or alfowedliny diBcrlmlna- tion obnoxious to these hmendments. And- her judicial decisions have been in keeping with her legislation for she accepts and respects, Jthe decisions of the Supreme Court of the United States in pursuance thereof, and was in viola- jaatter, like ur own, has been in con as authority in all maUers of which it tion of his rights, and those" ot the formity with'the IfatioDal Constitution, uas am uiuraaie cuguizauce. Dee I opinion oy i&umn j. in umnam vs ' l ! , I m " -k.. ft First National Bank ffflfltorogton just -delivered. V ., ..-a; vt-?--: The legislation of . tho state charges the "County Commissioners" with th selection of the jury listsronly prescrib ing that they1 are to be chosen from th e tax' returns of the, preceding, year,' of those who have paid, their taxes, and are freeholders of good moral character and of sufficient intelligence, and they are charged annually UTscrutinizs the lftind dilirentlv VTnanira- whtW any person qnalifisd te, be j urora are omitted. Battle's Bevisal C. C. P. chapter 3 sections 229 A. and D, , . -'" Whatever is ; therefore' done'-b ' her subordinate agents which disctimioatcs against a class is In contravention -'of her laws. ; i 'y ' 4 With these preliminary observations, histories and mtations, in view, I pro ceed to answer youf questions. . - 1st. While the 14th amendment no where expresses any right in a ecloved man to sit on a jury In a sUto Court, not any right of colored citizens to be tried'by their own xj in - part or in whole, or to have cause if civil so tried; it; clearly' implies an immunity or right, moct valuable, to the colored race, the right to be exempt from un friendly legislation or action against them pa account of race or color,1 such as discriminations implying' in ferioriry in civil society, whereby the secnrl'.y of their enjoyment? of-the right which others enjoy b lesaened, and. if theitate were to pan av law ay Kei legislature restricting the aelecryjn 0f jofe, io white persons, It wonjd be void because unconstitutional. ! ! . V, "-: . ; And If she' by aer legislative depart ment cannot ni ike such discrimination, no more can ,hey her judicial, iad still lees cv4 any of her agenti acting jadkially Wniaterlally. do by a I m m. rk.. .. . ... - - ' misuse f Wnnthority, in expert Virginia, Mr. Juu Stronx delivering the, opinion of he enurt aakt t"A elate acta by Jia If gt lative, executive or Jadkial authoi ufea, u can act ia no other way. Tho cea- atitutional proviaiooa therefor inost nuamSak no igemcT f Uwtate, or of e ocicea or ngenU by whom lie pow ra art executed ahall deay to may per-' son witn ta Us jurisdiction the eoual protection of the Usm," sunt, "whoever y virtu c pchlio poaitioa under a state go vermmeni denies to one. r a. class, ther eo protection of the lan vtoUtes tteicortationaiIahihid!a. tf?raiU0H,t TW colored I to trials. InVolt. n- J L " iT?s bn. w LIUHHT MM 1 Ptl ). 1 1 tho aelectloa of larora wui on : protected In claim. tLt ia wioar torajn m mtox ixssxaert aiaa o no ex cisaJaacf llilr nee. tzi ttcri. iia .njaiatt -Ititaa , becaxao of t&dr enJar; and th ccoaty rctvrrhitjgerB ss vuhastt kazanLrr tlerms (V. t-ca Cot It is t icasn alsas asi ' ' ?"VT V . . i la th . wikA 1 k . rtnetl-lxa tstatW , tlaUankarnnatlaUwacfCb. Ing force on the state official is ei:iv sized in the fact, that as to very many of them and among them; the county commissioners, they are ! required1 to take the oath1 support this Ccstitu- tion as a qualification to hold tie office. IIIL vThere'can be no doubt that a personal responsibility attaches to any. officer of the state who commits an in fraction of these rjrovisions of the Ka UUUU VAUUUVUUUU, Ul4 IUSJ . tot indictment and fine; in the; District l The three amendments have not been I left to be self executing, - appropriate I legislation has been had lor their en- forcement i , ' I By the act of Congress of 1st llarcn; I 1875; 18 ' stai. pt 3-336, it is provided 1 snbstantiall v that no citizen who t)bs I .- - ".. ..." ' .- : c sesses other, quaiincaaon (uui u in North Carolina, who Is of moral char r-f equal m acter and sufficiently intelligent and has paid his taxes), shall be disquali fiedas a juror on account of race or I color, and any officer charged, with the f duty of selecting or summoning jurors; J who 8h&U" exclude or fall to summon f citizen for the cause aforesaidj on conviction be ' deemed gufltj misdemeanor, and be : fined not any shal of! a more than five thousand dollars, . , A case aming under- this act nas al ready been before the Supreme Court of , the United States and its constitu tionality, has been adjudicated, and its construction defined. " . ' I X I Judge of a county court . of Vir- ginia cnargea witn tne seiecuon ox ju i ries for service in the court of Pittsyl vania county, was indicted in.the Diaf I trust Court of the United States for ex-1 eluding and faiUng to select colored j ;rve as jurors, because of I citizens to serve as jurors, their race and color. Being arrested, and in custody he presented f petition to the Supreme Court at Washington for habeas ramus, and certiorari, ana on the hearing alleged that the District uuurc naa no junsaicuon 01 me muter charged against him, that , the indict-' ment laid no accusation of a punish- able offence, and that his imprisonment was unwarranted by the Constitution of tne. united estates, or any law passea ww wi t ukiuia: auv tug smw mm tioned also, setting up that she was do - prtvea 01 ner judicial omcer, ana ootn Ee. K j f"T March, lae peuuons prayeu aa ui&cuirg . The Supreme Court held, 1st Hat the act of the 1st March 1875 ia Constitutional. 2dl That no aeencv "of the state In any of its departments shall violate the amendments 13thv 14th,Ubove recited,' or tho acts of Congress intended to cn - forcer their provisions. 7! V f 3Ai That thev. the amendmenia. were lntendadla,friirfl qnal .righta.tto al rrons and that Congress.was vested v u--- v. wiua power to enforce them, by appro priate legislation acting on the persons who are the agents of the state. ; 5 . . 4th. That, such officerjaais .charged with the selection of juries in so act ing, acts.' ministerially; and although he derives his authority from the state, isl bound to obey the Constitution and laws of the United States. Ex parte - it follows that if the county commis sioners who are charged to make the jury lists, fail to place the names of colt ored citizens on the lists and exclude them therefrom on account of niee or color,; thai they are amenable to indict ment either under this act of Conrresa, in the District or Circuit Court of the United .Sutes, and to b fiaed on conyifction, not mere than 15,000. r ik What will be regarded as evidence of the motive for such cxcluaion. may be inferred from the langusge of Jus - ucBuuiu in xeai ts. imiwue, .-. .ai aayav"ine allowing tnus made that no colored citizen has ever been summoned as a juror in the courts of the j state presents a prima fade case of denial by th oficers charged with the selection of juries, that equality of protection : which haa been secured . by the ConatMition and laws of the United Sutea." . rublic officers might well content plat with anxiety that conviction and meved to aXI f fiit pantl andlth In fine await upon a presumption, rxmt diclmenl, buse th levy court la e frora habitual omission alone, tor a pri- kctiax wmm to sxve th grand ma fad case is on sufadent till 4i proved, fiute vs- ration, A Ired, ISO - Beaidea tTu such action b aviolaiica of th; spirit of th stato lawn, which soay be paniahed at the Instanc f tha ute lor on, act may b an oStnea against both governmeoU. lloortTl IlliceU 14 Uow ia. , us isalfcst thatiijRriooa ama quenceato th general pa Wk must torn t this cajrr c cSdal crt . So long as thii aUU cT thlcri cca - tiaocf theetiaory Jurisdictiom ci th fKieral coaru over atato rnwemtiocaia iaritrd, and mast IbUow. and If thesa be anghtta.th attrngitaj LUa ef ttxto .:t - ngata, rtsnaiatnn " ftBMiatiaav IS should b Ua asaiatenanc in th tt Uihoaahi 4f ahdaus ultiaato o trol of crkauul PTSweati to cce tgaim the sUto Iki this cna b Adoj!it svxto b,ifth aitCalud riea , wlknli tHaJc "roc ji , her egento .cowf Ice r& th the sspms Uw of th CcTcOr&r i osU k. tiila Isdriia fi4 trial f coWd an) In thaae e mT. f. Wi where ties mstlssatessr.tLlM rCZ , . , r ffsea tleCa- Congress has forth erenaciel that with in the jurisdiction of the Uited CuUs all persons shr'V have tie rime ri; t In every state Cs: W tad i iforce cc trtcts, to sue, ber :ti gi.. J evident and to the full a- ec U I Jietf M laws and proceeding for the'security persons and property ai is enjoyed by white citizens, and shall be subject to like riiiiahment, pains penalties, taxes, iou wcuvua vt BIHI HUM and ho other. U. SvEev Stat sects. ! The object and effect of these stat- Th obiect and itea are to place tb colored race as to their civil rights on the same plane with tne wnites, w prescrioe aa uact q- fty .ofright and respoiisftUitT for all ciUzens and to enforce the pro- hibiUon of the: Hth amendment that ! Vf . t . L"5 any person the inoauua bwhcuT w Inn t nmlM t!on nf the lawi aws. a. farther method of. protection p enforceineut Congress passed, the I found, in sec. SU allowing he re- noval of civU auiui or prosecutions to, fh9 federal ' courts, when for , any cause a neraon is denied, or., cannot enforce in the sUU tribunals auy rights secured, tjslmi by an'y.Uw 4 reyiding Jot the aanal civil rights or citiseus of the Uhl- ted States. .The constitutionality of these acts has been recognized. r Ten nessee vs. Daria, 10 Otto 359. - . 1 I Iji this .case the court took occasion to approve our ! case of the State ysl Hoskini, and draw from Justice Beaded opinion much both of reasoniog ana ciUtion- . :. . Tt- rrilAtiini of West 'Virginia had by enactment Umitedlthe selection of jurors to the nrhite males. OneJStran- der being accused of felony ipCDf her courts'petiUoned for -removal un- her courts petitioned I der 641, because oC the exclusion of his 1 race on , account of their color unaer the legislative statute. ' j l And Uu Bnoreme uourt neia va I statute void and section 641 constitu- aonai, ana tnat oy tne latter w Tal Into the federal courts was author- jaed and , the prosecution put and end to ' in' the s,tate' courts.' Strander vs. West Virginia, 10 Otto 803." ,M( 1 .-. in Virginia , tne legisiauou ia iu i nut CCTUIO 01 iicr juuiuu uuivcw u 1 tB selecting juries, excluded . colore citizens aitogetner ana constantly . ITwonegrowbeiiIodic dei in IUtuntyfiledJeij'petli tion for removal U t: federalcourt tinder 641.' because of the action of the Ijndra'charred wtth Uie selection of. the I inrien. and the case went to the Su I preme OonrVof the United States. 1 ! It wa held that section. 641 did not I abnlv to that case, because by the terms iof tne act it was directed U a deelat of I the right to equal protectionof (lhe law, lor ' Inability to enforce' them resulting 1 . A. 'T..f 1.-. ..t. from the Constitution or law of a state, and inasmuch as In Virginia the Con Btitatidn and laws authorized no such. . i,t - . - ii ' - t 4--'! i, .1 !l exclusion, removal was mime ..-"?" -r ' ' A. 111. was n'tt 'tne pro- .. . 1,- - per ,.iwwj..,.. v.. XUvea, 10 Otto 319. But the court aWbeld that the con- etitutioaa! 4 prevision is 1 broader than those secllon 641, nd tkaf " "may act when subordinate agents of the State either executive or udicial.'errmijBally' misuse the slate law to denyfthe equal protection of tne laws, which the Uni ted fetatee Coast! cation 1 wajofni and tiiat mMHnl,wtn be exerted in the 1 by Writ of awxec to . th atats cenrt, I over whose jadrmetrt It will nsisme en- 1 pemsion. Yirgima vi tEtves,;! Otto iW fcHaV I I Accordinglf on Heal beiajf indicted I for a capital felony end on trial la the 1 cxmrt ' of Over and Terfalnef of 'iw 1 cBiua.wuuilt4wwcriuwa w I remove lus cauto um leaeras cours, for iHttfitol tha bf tt law of Del I wari?' iad' Vy the' acUvn ot her odcerv, j iurori were selected, wholly cJAvhi!rs, land colored Jnea", wernaitosether ex- of 1 daded oo accooat f their olon and thCUsoVplner Wtrandr Jurors who fcand Ihe biU Ud: Seen s constituted; 48 fu-on tm - 1 er&etedad fthifi Thk prisoner then ) Jury had excladtd all eotored ateo-be- . I eaa" of their race or color. This mo- I tion wu rtfaed and txcrpUo Uiea, I lh trial rtceied to Baviclioo and lBdjelharslbrrtswr I i Oa ' a writ of error to th cotrn or lOrxr.aiTfIaM ft twCMUr.US tepc-on u sum mm - l held. lit Ttt He CbntiTUfldand Iswt I f DtrxVs 44 nC coaUartne uosn lcf th UaUad5ats U Ue snaUrr b- I frra the conrtwani threw tsr 1 m error in teitHL& Pf I trisosm to rtw? Jwrcisw tL TUt thxr:il? c( th fkml th jarj. Omm ' sb rw r rattawgh w cat axVfiiy fjsje the- atata ,1a wv - Um ifiyWlim i4l r, . il CorBCUcttaa Asd . us of th I ahcaU lv rvirwsJ LrtnUtm i vim la tJkw?aj3Kj,Jf ta,U fci U O ttel an,.:? .-Aew ww lift' : Scaus3Bi taut to redress the wrong by them commit- r j ted was a denial of a right secured to: ' the prisoner by the Constitatioo and i f ' Uts of the United States," : 1 : i The judgment of the court of Over uid Terminer of the state of Delaware was reversed, with directions to set aside the verdict as aiso tho order de nying the motion to quash. : Real vs. ' ' Delaware, 13'httO;3T(35-9i , 'p I It is thus seen that by the action oTf luuse sbaie oncers vne animate control - . of criminar. prosecutiena' la the i state' f court is surrendered to the revisory ao- j tion ot the 'federal tribunala, and: the general government becomes the prac ? ' UcalljrotecVot otiiSe rights bf the mr sen, whkh the stale ought jealously te !:. : Nor is this the worst evil to grow out' of the action of the county' officials.? It entails upon the counties the incoovea. --j - J"f cxpewecoeai w conrtsVand unless ended U vrtn aatured- ly-MBgbkmjh PWtltousjind. Buingeurtew5n' measures wan we have ye been obliged, to submit. to rt the bsnos of Congress. n . X am, very reapectMly it.- ', t s D. K. McIUe l VnO Sxpertenee from Maiir. r I had ' been sick snd miserable so ff long and had .caused' my husband so ' much' , trouble 'and 1 expense7; no one r seemed to know what ailed mej that'l ' was completely disheartened and 'dkw ' cburaged. , In thU frame of mindlgot ' me a ! ootue oi nop uuiera ana usea them unknown to my lamtiy. l soon DCgan ' to Improve and ' gained 1btut ' j i;.s.:.,i .'nl fmit; that my husbaiid and family thbocht f it strange and unnatural, "bat when I told them" what had helped ' me,1 they said "Hurrah forllop Bitten! long may " they prosper, for they have made moth er I and us happy. The ' Mother. ' Home Journal.'' 1 BAJXCOAD3. is-: HJi- .. ...... t i, .,.),. . t ,. Iv.l'p. . !. I fl urn- '. f I i , i UrBiciUziZJLAi.8tTrKmiKTK rti. WUsolactoo, W. C, May. 14 , lit. OTtttad ltcmay 13th. IWr t 1 10 p. m.. T4ui wZllrqna follows: DAT MAIL AND EXTREcfl TE11N Daily Nos. 47.North.and 48 South. '1;, :4i .Jft!:t t").rt.i'w .' Leave WdeaUgwa, Front fitrcet' ; ; ; - r 1 Arrive at Weldon at .....Um r. It - V - I Lesre, Weldon at............... .8.r. M ArrlTe at WUmiartoa. Front 8L. fast Timouaa mail: aku passxx- armTRAnfs,i)any-sros.icorti t and J SflUth. ; ' Lmw Vllaing-lon, rrM street ArriTvat Weldon Lmii Pnwu . , ,", . .1 j. t. -tux rat ? Train Mo. 40 Fiv4 wlU Uo Bly at llocty Blount, WllsonV &lUbr M hT TMinnj tvrkOM- Tlrancb r.e ! Mimfct lor Tvrtraro at .m V. M. 4sy t Vuu A . St.- JtHrBia Tr9 1 4a?ftBl Friday Miae 1. U. . n: - TriUn St 9, T iaJta ekwe ertt ii WclUon 1r all potaU Nortto ImUTsAti rail rta HicbmtiL.aae aily tntriwf mmr nr , -.- 5 1 Train No a rnns'dtlly end oaaocUi for nil point Vl HMtl. 4s)nse aft eBsemAJiJJ swus - Alt trains ran VsolM bttvwa WiUntet- ton and WaUtlucVon. and ! I-nJiMa 1 aiace e-ierpm nurti4. .: 3 ,1 . AiPOrrT.O! may iir V' u 1 ' nilnlSSP' TcluStla .n.iS a-.f -i in; unt : csuxoxor BCWatlM iir Awo'aVrxti if ay it ia; a r r.u ta W tl bt run Mi U.U 4 . f vtiTiamiw,- Soi. wtd7rr- Lmt wXawrrla.... ...tas r . I LesvrWf... ...... I aotwe at & CV a.itwu..v.M) A , istTft uaV(4M.M..M. Mt c:tiu.. i I usttc c a. icncC.... i Lr X- U.w..,...i..t .: 5 Astiri1iUBJxie...k.M-.n'" I Xn-U 11 aU and Parst i . UT. tta j ;. .Tf' pas 4e KTtegrs,.. UULM r. Arc teai ,. . f s I at axru...- .r :-TJ Sttfc. lf M 1 . m matt m M I V f f. t-as AKrb" nasini , v una'- j en u a .sw tw a a. SV TgV aA I A4 t' - J- iatZsri fa4l fi 1 ;r.rry:B?. u ,y- -s'W 'f" k-wi n3L r". " it 'fl Ta it is mariYcTd that ilea tit act cf ia Hsrj, ir 1 csl tl ttlsSSX f tit. SUtt
The Wilmington Post (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 4, 1881, edition 1
2
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