Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-06-28
Legal Jurfes.

The question as to what constitutes le-
GAL Jury, is giving trouble to the Courts in
this State and South Carolina. The recent
action of Judge BARNES at Tarboro, is not,
we hope, to betaken as an authoritative pre-
cedent of4he course to be pursued in this
State until such time as the County Courts
shall revise the jury lists of the several
counties in conformity with the order OF
General SICKLEs, or until the points as to
it's binding authority, i'll view of the opin-
ion of Mr.. STANBERY, are decided.
The position assumed by Judge MOSES
in Charleston, few days ago, COMFORTS
much more with what we regard as consis-
tent with the duty, dignity and RESPONSE
bility of judicial officer. In Charleston,
as in Edgecombe, the jury for the Court
had been drawn at previous term, held
before the order of General SICKLEs was is
sued, and of course according to old jury
lists which contained the names of white
men only. In the Charleston case the Post
Commander sent for the Clerk of the Court
and the Sheriff, and these officers fully and
been made out at term previous to the is
suing of the order. This fact having been
referred to General SICKLEs, he expressed
himself as satisfied with the explanation,
but advised postponement of the Court,
until the full list of all the tax paying citizens
could be obtained from the Assessor. Sub
sequently Judge MOSES called upon the
District Commander, who also received the
same advice in regard to the postponement.
The Judge, however, declined to adjourn
the Court and proceeded with the business
of the term as usual, and we have not yet
learned that any positive military orders
have been issued interfering with the or
binary course of the Court
We can well appreciate the perplexities
and difficulties our Judges labor under in
holding their Courts. Between the Consti-
tuition and Laws of the State and the Uni
ted States, which their oaths compel them
to follow, and the orders of the Military
Commander, which penalties and force
make them observe, it is difficult to steer.
In avoiding Scylla they are in danger of
being lost in Charybdis.
Under existing circumstances, when the
State statute requires that the lists shall be
made up from "taxable freeholders, only
of persons well qualified" and General
SICK1Es commands that "all citizens, as
sessed for taxes, and who shall have paid
taxes for the current year, are qualified to
serve as jurors" our judges should at least
not adjourn their courts when the County
Courts have not revised the jury lists, but
try the cases before the juries legally sum-
moned, and reserve all doubts as to their
duties, when juries are summoned in ac-
cordance with the military order by the
proper authorities. In times like the pres
emit, we should not go forward to meet
trouble and encounter difficulties, and our
sworn officers should perform their duties,
and leave to other authority to impede the
course of justice.
Chief Justice CHASE paid no more atten-
ton to the order of General SICKLEs in re-
gard to juries than he did to former one
staying proceeding in certain cases, and in
his address to the court, and in numerous
private conversations, openly took a posi-
sition similar to the one contained in the
opinion of the Attorney General in regard
to the iIegality of military orders inter
fering in the ordinary administration of
justice, and in enacting and repeating laws
of States. He expressed himself as
firmly of the opinion that the President
should not permit District Commanders to
pursue such q course as to make the people
hostile to the plan of reconstruction, and,
to great measure, defeat the purposes of
Congress. In reference to juries, petit and
grand, he directed the Marshal to make no
distinction, on account of color or race,
among persons otterlCise qualified to serve.
In accordance with this direction the Mar
shall summoned only such colored persons as
were freeholders and "well qualified"
We hope these difficulties and perplexi-
lies will be properly and legally adjusted
before our Fall courts commence. Society
is in too disorganized condition, and va
grancy and crime-twin sisters-are too
ripe in our midst to delay even for one
term, the courts, the only legal and real
protection the upright and honest citizen
has against the INDECENT and lawless lzsa-
Toni who now infest our country.
Re1fstraffon I'm virginia.