The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-09
MILITARY AUTHORITY AND THE JURY
BOX.

MILITARY AUTHORITY AND THE JURY
BOX.
The order of Gen. GRIFFIN, issued in Texas
is one of peculiar significance and deserves
the consideration of our people. Its purpose
and it's effect are to exclude from tho jury box
every man who cannot take the test oath, and
of course to supply their places with "loyal
men, and freedmen.
There is no State law upon the subject, cx-
cept the law fixing the qualification of Jurors
and by the laws of the United States it Is the
prerosative Of the Judge of tho United States
Court to apply the test oath to Jury in his
discretion, and upon motion to that effect by
the District Attorney, but the right of ch"l-
lcnge is also given to any party for the cause
that the Juror challenged hos participated in
the rebellion.
1t scarcely needs comment to explain to
what enormous abuses an extreme application
of such laws must lead. The only qualification
of Juror in this State is the payment OF
taxes That is, the qualification does not de-
pend upon the amount of taxes paid, but
simply upon the taxability of the Juror and
his payment of such tax as is imposed upon
him.
Now exclude from our jury boxes all the
citizens of this State who cannot take the oath,
supply their places with freedmen drawn from
the mass oftax payers, and what vii! be the
consequence Think Of tho verdicts which are
likely to be rendered by twelve freedmen taken
from tho mass of colorcd voters Of these par,
ishes, without reference to their characters or
their intelligence. The entire abolition of all
Courts would be blessing to the community in
comparison.
There is not man of the most moderate
property or the most ordinary intelligence,
black or white, whose life, person and property,
is not in danger under such system. There
is not q man who does not see ut once that, In
nine cases out of ten, the probability is that o
jury would be empannelled before whom legal
argument would be an idle farce and whose
finding would be a mockery Of justice
Now, 80 long as the Judge has the right to
determine whether such oath shall be admins
tered, or party in interest represented by coun-
sell who shall decide under the responsibility OF
his professional duty and position whether one
or two Of the jury shall be challenged, it may be
borne; but if military order can exclude oil
the character and intelligence of the country
and force into the jury box oil the ignorance
l A. thor 20 of nj al
of society safe.
But there can be no doubt that every freed
man who pays his taxes is legally qualified to
sit on q jury. There are facts which it is i'm
possible to remove, and which, therefore, it is
wisdom to meet This is one of them. One
of these consequences which is explaining to
US practically and clearly the extent Of the
great change from slavery to freedom; change
which we have to accept, not as the acquiescence
in an abstract proposition, but as revolution
in practical life.
| Now such orders, extreme and unjust as they
are, are the consequences Of On opposition just
as extreme, if less dangerous Impracticable
men refuse to give practical effect to the new
rights which have been created, and intemper-
ate military commanders enforce these rights
harshly, and without reference to the interests
of the society which they control. Mischiev-
Gus men press the execution Of laws which
they know will create discomfort, and increase
irritation in the public mind, and any one who
has seen Court of Sessions knows that every
legal advantage will be taken to select jury
who are incompetent for judicious trial of
the criminals.
| If we arc wise, we will meet the difficulty.
Let US admit what we cannot deny-the right
of the freedmen to sit upon the jury as any
other citizens; but make the jury what it ought
to be, properly qualified tribunal.
There is not a respectable citizen of South
Carolina, white or black, who would not re-
joico at such reform. There is no interest
of law and order which would not be better
| secured if the qualifications Ior jurors were
| raised.
In criminal trials, We have all felt that while
trial by jury, may be defence OF the innocent,
| it is almost lulcrous to consider it us means
of correcting the guilty. In civil trials the cs-
perience of every suitor and every lawyer, will
testify to its uncertainty. The recent openly
expressed dissatisfaction of some of the leading
English legal authorities, goes even further.
But it seems to us imperative now, that If
the Jury box is to be opened TO all classes, that
additional precautions should be taken to Sc
cure better class of Jurors.
In North Carolina q citizen must be free
holder, possessed Of fifty acres of land in order
to be qualified as Juror, and while we do not
particularly approve Of this form of qualifica-
tion, we think such qualification of Jurors, as
is secured by the possession of certain
amount of education, and such an amount Of
taxation as indicates thrift, honesty, and
steady industry, absolutely necessary.
Would any man, the widest asserter of hu-
man rights be willing to trust his life in trial
for murder, his character in case for libel,
his property in case Of civil litigation to
such juries as might be drawn at any court
from the plantation laborcls, the common field
hands of any District.
We are aware that at present there is no
Legislative power in the State, to make this
change, but the Military Power, which can is
sue IN order like Gen. GRIFFIN, is surely re-
sponsible to society for protection. Fortunate
ly our experience has been of wiser and justcr
authority than this most destructive order,
and to the General commanding this District
we venture to commend this subject MS worthy
of his graYest attention.