Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-10-18
THE WILMINGTON JOURNAL
WILMINGTON. n. c..
FRIDAY, OCTOBER IS. 1867.
Negro Juries.


wise than by means entirely legitimate,
when the military officers set over us ex-
coed their authority or the people IN tlm1d
panic 90 beyond the demands of Congress
The great danger, however, to which we
are subjected is the fear that our people
will become educated to tyranny, and &C
cept with Indifference any and every lnJus-
tice which does not deprive them of life
and properly. With the exception OF the
unsuccessful appeals in behalf of the States
of Georgia and Mississippi, no attempt has
been made to interfere with the military
despotisms set up by Congress, or the harsh
and illegal constructions placed upon them
by those sent to put them III force. Inc
President, indeed, by the removal OF Gen
erals SHERIDAN and SICKLEs, entered his
protest against the usurpation of authority
by these commanders, but we cannot see
that any principle they established has
been abandoned by those appointed to, or
left in, command.
The result OF the recent elections at the
North we regard as much in condemna-
ton of the violent excuses permitted at
the South, under the convenient plea Of re-
construction, against the white citizens Of
the States, as it is against the privileges
claimed for tie negroes III that section; as
much the alarming dangers to which they
lead as the spirit of the measures them
selves. It can hardly be denied that eth
er the people of the North were favorable
to the Reconstruction Acts OF Congress at
the time of their passage, or their represen-
tatives supposed they were, and the change
of opinion is owing to the dangers to
which they naturally lead, or is the con-
domination of the illegitimate purposes to
which the acts have been perverted.
Among the most dangerous usurpations
of power and needless interference with
the laws of the States is the abrogatlon OF
the property qualification of jurors, making
all taxpayers who have registered as voters,
and none others, qualified to sit
on juries. The order certainly IS not
required, or, indeed, justified, by
the Reconstruction Acts, if we regard either
the plain language of those Acts or the Of
fetal construction of the Attorney General.
It is said that General SICKLEs never al
firmed that the right of negroes to ride in
frst-class coaches along with ladies, to sit on
juries or to hold Office was established by the
military acts, but remarked, when the mat
ter was called to his attention, that all
these will surely follow, and deem it best
to familiarize the Southern people, in adj
vance, with these things, and the Southern
people will act with true philosophy only
when they determine to make the best Of
it."
Now, these opinions may do well enough
for a politician looking forward to the
emoluments of Office by means of negro
suffrage. or scheming for the benefit of a
political party, but how will this reasoning
convince judges in the discharge OF their
duties and the obligations of their oaths !?
We can well see how judges appointed by
the military authorities can carry out the
orders of the officer from whom they eXer-
else their authority, but we cannot believe
that law-officers, appointed by the Legis-
latures of States, and sworn to execute the
laws of those States, can stultify themselves
by obeying the orders of a military COM
mander in direct conflict with the require
ments of the civil laws under which they
derive their authority and contrary to the
spirit and letter of their oaths.
Generals SICKLEs and CANDY, in substi-
tuting their orders for the laws of the State,
may believe they are "setting up and es-
tablishing loyal and republican State gov
ernments" in this Military District, where,
by the act of Congress, "no legal State
governments" exist !; but we cannot believe
that the issuance of their orders relieves
our judges from the performance of their
duties. The judge who admits jurors into
the box, not qualified according to the laws
of the State, assumes most serious respon-
sibiity-dangerous to present security and
future peace and prosperity. Either the
yerdicts are void from the unconstitution-
atty of the Reconstruction Acts themselves,
or from the illegal exercise of powers under
the acts by the District Commander, or
being constitutional, the State government
entirely ceases and the State courts and
judges are exercising illegal powers in as
Stunning to try cases from authority derived
from government which has no existence.
In either case their DEGREES will pass no
titles to property-the condemnation and
execution of citizen will be murder.
We certainly sympathize with the judi
ciary in the trying position in which they
are placed, but yet regard their duty as
plain. They must either resign, or, refu-
sing to carry out the orders of the General,
b. compel their removal by the military. In
this latter case the opportunity is afforded
of testing the legality of the acts. We pub
fish elsewhere the refusal of Judge AID
RICH, of South Carolina, to obey the order
of General CANDY, who proceeded to sum-
mon and empannel jury in accordance
with the laws of the State. Judge REESE,
of Georgia, has also acted in the same man
ner in regard to the order of General
Pore.