Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1867-10-25
JUDGE BRYAN's RECENT DECISION, As TO
THE. CoMPETEkCY OF NEGRO JURORS.

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JUDGE BRYAN's RECENT DECISION, As TO |
THE CoMPETEkCY OF NEGRO JURORS.
The Ac. of Congress, passed in 1910. re-
quires that the jurors for tho United States |
Courts should be drawn in accordance with |
the then existing laws in Slate. or. as these
might be amended by their respective Legis
la,ures. By Acts Of our Legislature passed in
1856 and 1859; the qualifications Of juror
are, .fr,t that he lie d male VIII te citizen over
the ngr Of 81 years Of ago, and 4 resldsht 81
the State for one year, and second that he be
Il Taxpayer on property held in his own right
1t is apparent therefore, that if the jurors are
drawn fror, the voters and tie taxpayers, a.
prescribed by the Constitution Of the State,
and the Acts Of it's Legislature. in conformity
with the directions of the Act of Congress,
that mono but white citizens coold be impan-
nelsd, or drawn. Judge Bryan, however. in
deciding recently the question as I'd the validia
ty of = mixed pannel. holds that the Recon
struction Acts, which elevate the negro to the
right Of Suffrage. have modified the Conetitu.
ton and Laws Of the State OH the subject and
that the Jurors must be drawn in accordance
with their prov.ions The question was elab-
orately agreed, and the Judge delivered writ
ten opinion in which he presents his position
at.leugth. From the Charleston Courier we
extract the following clear summary of the
points made by him:
o. That although SO far as tho Executive
had the power, the States was restored to the
Union, yet that it was not competent for the
President, by any act of his, to bind Congress,
or restore the Slate either to the Union. or
connect it with it by constitu tional. ties and
ligamen:s.
(2) Fh"t Congress- which is tho dopositary
of the political power, never lins axceptsd The
State as in constitutional relations with the
Government, or recognized the validity Of
it's Constitution and aovstnment.
(3.) That since the tall OF tho Confederacy,
there has been no recognised legal go~arnmeht
in South Carolina, aud that the State is stil'
under disability and it's present Constitution
psrmissive aud without any other power than
Congress may choose to give it.
(4.) That Congress is legal body.
(6) That the Reconstruction Aut iassad
by it is valid. and Is for the time being, the
Constitution Of the State, and the Act Of it,
Legislature, standing in its place, and having
the same legal fvrce and effect, aud to be so re-
garded.
Judge Bryan decides the issue prscti
cslly upon the ground that the State s with.
out q recognized Constitution, for he .ays 81
there we're any constitution In South Carolin,
or any Govern ment in this transition, or pro
visional State, then the legislation of ls40
eomnlanl ding the Judge to accept as juror
alono thuse who are voters und-s the Cnnsti
tuition Of the Slate and tax payers would b
decisiAe Of this question Ths, is the Jury a
impauneled. would be Illegal. But he ho.d
-. otherwise .
The q"estiou involved can only be full
settled by tho Supreme Court Uutil then til
country will scarcely rest satisfed.
It is our purpose at the present +" stat
rather than to discuss the effect Of dde
Bryan's decision. 1t speaks for itself.
REGISTRATION AND VOTING IN GEORGIA
According TO the statement Of oHr neighho
the Washington Gazsste, the result of reeistr
tion in Georgia, shows a white majority OF 20C
votes, when uDder fair execution of the Ia,
the majority should have been $4,000. Til
majority is probably to be further reduced {
q revision of til. lists besides by system
'jerrymandering." delegates to the Convent,
are assigned 10 districts composed each Of thr
counties, and the districts are 90 arranged
to give the blacks majority in every ca
where it is practicable. and much larg
number of delegates are assigned to these di
,tricts, than where the whites have contr'
Says the Gazetts: .s - -
The result is that in ihs proposed Conventi
the first GLASS will necessarily have . large m
jority, the $4,000 blacks being allowed in tn
districts to elect lO4 deiegat~s, while tho u
900 whites can at best send but Ga. Thsthi
is therefore complete and neat IN its accol
plshnsnt as it lsin design Infamous and frau
ulent, and unworthy any man but a Yank
by the name Of John Pope, and the Congr.
sional Committee that prompts him.
Under this State Of sffaiss. and since I
military bills provide that q Convention ca
not, in. any: event be held. unless q majority
all the rsgistered voters shall vote upon
question. the Conservative, papers through,
the State are recommending their readers
stag away from the Polls entirely, 10 ,hs h.
that by this means there will not bs,- In ali
sufficient number Of votes fcAssst eonitItut
majority, snd thus the Convention may 1t i
bedsfeatSd.
Although there is bnt faint hope, still th
is at least q chance in it., and the plan ss,
e. feasible. and u'ost agreeable to the fesiit,ss
- our people. Thetetar. ws,adop, Il as oaF p
gramme,. and rscommepd 70 ,onr readers !
to stay away ffop' the POLE, and do, not :,
at all. All we eoud do by voting would
: sffsc! tbs r.sul', wtils-by not voting We. 7,
Z; prevent the evil. II 'be evii nust ineyit.
30 done. let US besr'it silently, but protes
:. earnestly by cur silenes. till time afford
= Opportunity for fedrrss =, --g:'E ta'|f'
g II half the whites ;osly,; do not E~ose,
ssohoue couldinAuspesE Eons eo,orsa vote
the same, course. the Convention viii linssis,
be defeated: "a. - .,,,,E =
y = cor,ros Is KIIse. 1--WE dirsSs is. .ti .sts.n
-sof our readers t6ihs gard Of Mr. D. RS
--isy.ou ~ west known RSilroad,. and Gss
Hus1t. who an nnoun ces &h,& 40 S,.. f.zsti ;