The Hillsborough recorder., 1867-09-04

sra1ns run we hegixter, that judge
Fowle decided, at the late term ii Mari.
Superior Court, that colored men, havinv
the qualifications prescribed BY statute. are
Eligible. under the existing laws of the
State 10 SIT on juries. now that slavcrysis
abolished. The following Is an abstract ii
the ruling:
Al Martin Superior Court. belore h;s
Honor Judge Fowie, as the grand jury we're
about 10 be drawn. Hsn,y A. Gillian. ESQ.
acting Tor The Attorney General. chalieng.
ed the array. upun the gruund thar the
Jury had not been drawn by rhe County
Court. at is regular term. ~ required by
law.
The challenge was allowed by BY Court.
the venire discharged, and the Sheriff di.
rected u proceed torlhwith under section
9Th. chapter 3lst. Revised Code, 10 OBJ
tain jury. Whereupsn, the Sherifr, the
Clerk Of the County Cour:. and the three
Justices ol the Peace, who had been select
cd TO assist in dra~lng the jury, requested
The Court to instruct them - d their daty
10 regard TO placing persons Of color on the
venire. whose names had been placed in the
jury box by the County Caurt.
His Honor charged them. that In order
70 constitute proper jury according 60 our
laws. II Is necessary, hrst. that The Jurors
should be men OF ordinary intelligence;
second, of good character; /; third. lreelsel.
Lers. ID ha
| That from colonial times until 1895, oar
people had been divided into three classes.
ist. white men 2nd. free persons oi eolur;
5rl. slaves.
l'nat the third class were excluded from
the jury boz because they ~ere slaves. II
That the second class were rxeladea be-
cause. nnder the theoss u slavery. every
perssa II collar Was prinaa fscis slave. aud
that. a. every freeman vas entillea ~ Be
tried b. his peers. the free person ai snlpr.
against whua the law raised the prrsump.
tiun u slavery, was not regarded a the l..
gal peer u use white man. That The con.
satallon and laws 81 the State never. by
express enactment. excluded cuIureL naa
from serving % the jury. when h possess
I'd tie qualshsations required. aud that b.
exclusion was asing IL this es,slraesian.
- q the legal Farss. and this construction
was The necessary result ID the ihssilallan
uf slavery.
Ta,s i %. else Henderson. G,.,sn aaa
the other lalhers Of the lAw ia Nsnh Carr.
lima. cHcIalcs fsr loag series al.scars free
persons u calsr Ersin The iasy box. ,hrsash
mere iaasirntinn o. smls,lsn. ~hieh il not
lof nsmeat 10 be considered.
ln 1865. the Convention ii Nsrth Gre
lima a9slisled the instigutssn u slavery.
and all men were declared freemeu. Il
tolleved = anesesary seqscnes. thst. ).
sspn ~ the instliutina tuut ~ whirh tbs
construction ores was abolished. whea
there were 40 words ef exclusion in me
constitution % lass. free prrssas u colsr
became entitled 10 all Inc RIG ia wAssa
acre incident TO lrermea. One af thsse
rights wss % serve apen jar.es. when pfe.
pvrly qualified.
The coiOred man. therefore. II entitled
20 have bI. name placed upon th- isry iist..
whenever he possesses The qualification.
required b. Iss. ani yoi will BE- sa.tsiaed
Oy nc law. Ia sammaninx lasar.. via afe
.reeholder.. regardless oi cellar.
IBe NOdoik Jearnsl says. that saen The
~ I8NV w&s MN&&Ns NAN&G &WfHtsN $50
we're loanj on II. Tac hrss case decided
By them was the State -. Warren Iills.
colorei. fsr larceny. The iaet that The st
eussd had sieIen gasn,isy Of fodder has.
lng been fully established. the jury retire.
and then immediately brought ~ verdict
Of" guilty !" the three colored jurors benz
- prsmpt In their decision as the wLnes.
Colared Jurors (lhe Journal add.l ~
now recognized b. The lass VI the Oa
North State. and 10 this respect she mss
be said 10 be thoroughly /" recoasfrutitdf
~~~.~~s.e~~~v~-~
Coon sIsraaR.---To make good sinegir
q cost d only ten cents pur gallon. -
the iollowlng ingredients 4 pounds scesis
seld. gallon mnlasses, 40 do. raia war;.
Mir well together. and In three weeks