The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-10-23

These rules, if applied to the State Courts,
will, presume, be likewise applied 10 the
Federal Court; and the proportion upon
such Federal juries will be-in Charles
ton, eight colored to four whites; in Col.
umbia nine colored to three whites: and
in Greenville, eight white to four colored
Jurors. These are the three points where
The United States Cour: sits in South
Carolina.
Can these colored people discharge the
duties of jurors either to the United States
or to the State, to the litigants or to pub,
lie Justice? With such instruments, will
not the effort to administer justice be a
mockery? Now, if the order had pro-
vided that no person shall be allowed to
sit upon jury whois- unable to read or
write, or if a property qualification had
been annexed, or if in. case, civil or Grim
inal, inwbich colored persons may be IN
.Lerested, a certain proportion OF the jury
should consist Of their own color, it might
not have been objected to seriously; but
in ills present bearing, the order is calcu-
lated to excite the gravest apprehensions,
and 10 lead to results which must DC uni
versally dcplored by those who desire to
see. even and exact justice meted out to
all men. Nearly all the litigation, cer-
tainly all OF the important litigation, on
the cirilside of the court IS between white
citizens, and involves intricate issues of
law and fact. as well as sums great and
small. l..-cWhat protection can the white or
even the colored man himself have, if his
case is TO be decided by jury made up
of pcrsJns possessing so little intelligence
that they arc unable to read, write, or
cipher? With what satisfaction wonld a
Northern claimant regard an adverse de-
cis,on made by a jury, a majority of whom
were colored, when the same case meas
urcd by intelligence and submitted to the
Judgment of men Of experience and edu-
cation, would perhaps have been decided
in Ills favor? Suppose that he is a
patentee whose lights have been intringed,
and whose inlcrcsts-involved to the
amount of half million of dollars-arc
dependent upon the keen discrimination
of an-1intclligent jury called uponto de-
terniine some material difference between
,maclfinery or processes of manufacture is
it not-p.cposterous TO suppose that COL
ored Jury, constituted as have described,
possess the requisite qualifications to
render just and intelligent verdict Yet
this .>is but one OF the many classes Of
eases, which the Northern as well as the
Southern man will be compelled to sub.
nit to. the Judgment of the ignorant and
unwise jurors created by Order No. 50.
Under the present jury organization in
South: carolina, | have reason to believe
that since colorcd persons have been ad-
mitted to give evidence in all courts, any
Injustice has been done to the colored
people by white jurors. On tile contrary,
I think it will be established by the con-
current testimony Of the various prosecu-
ting officers in the State, that in criminal
proceedings jurics have dealt more merc-
fully with the colored than with the white
persons tried bcforcthcm. Again the OK.
clusioa Of the intelligent classes referred
to, is based solely upon their political an
tccedcnts. But where is the propriety of
making the politics Of a citizen, especially
the politics which ruled his action years
ago, the standard of his eligibility to per.
form, jury duty? 1t is very rare indeed
that a case; civil or criminal, is presented
for the decision ota jury involving any
political issue whatever; and am not
aware that anywhere else, tits attempted
to exclude intelligence from the Jury box,
because ofany real or supposed obnoxious
political sentiments entertained by the
parties whose duty it is thus to serve.
The FIVE fall circuits of the Superior
Court of this State, which is charged
with the trial Of all civil cases involving
amounts above 500, and of all criminal
charges of felony and some misdemeanors,
commence their terms on the first Mon
day in October The letter of General
Candy enclosing the order above referred
to, requires that it shall go into effect i'm
mcdiatcIy; that the jurors who were
drawn and already summoned at the
spring term Of the Court in conformity to
State laws shall not assemble, but that
new jury lists shallbe prepared in accor-
dance with the order. In most OF the
Districts the term is limited to one week,
and the drawings and summoning ofJnrors
under the order will consume much OF
the time. This is one OF the practical
difficulties in the way of the execution OF
the order.
In view of all these circumstances,
therefore, l beg leave most earnestly to
protest against its execution, and to ask
that it may be ordered to be entirely re-
voked, or at least suspended until after
the close of the fall terms of this State
Your early attention to this matter is re-
spectfully invoked, inasmuch as / desire
to communicate the result of this appllca-
ton to the judges prior to the commence
ment of their respective terms | have
the honor to be, your Excellcncy's obc-
dent servant,
Governor Of South Carolina.
"A negro before the police court at