New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-01-05
IlCOMPETENCY OF THE PRES
v ENT GRAND JURY.

~
Tke Right of COIored AIen to Serve on
Perry JnrIes.
o[lea1. @ Saph after the empanneling of the pres
and ~ .nd inrv that bodv presented an in
er tasS Sictment against two colored men named
-a-a ihs aaqCharles Morgan and Samuel Wilson, for
70 70 ssl murder. Some days ago A. P. Field, ESD,
nusrg lssounssl for the accused, fled in the first
bvslty Iriistfict court a motion in which the at
'''''' sorney general was cited to show cause on
he iourth of January, 1865 why the in
,1rsss, Eh5 aictment should mot be quashed, the
-yolloHiag grounds:
\ r'srs HTouRf Ffat-The panel from which the grand
f f1cas iirrv that found this bill was drawn was
3 to Hrnot rawn from the list or registry Of the
to 'asuar6ed voters of the parish of Orleans.
E. an' ostv,3 ssond-That said panel was drawn
dSy iSSq j BE registered voters of 1865, whereas
Lowing 'ihsy Should have been drawn from the
aiis ling No 10 re Bred voters of 1867.
ny St " TAifd--That the drawing Of the said jury
and gg,sby sheriff and clerk from the registry of
hole a86s Ras illegal, because said registry did
lot bntain all the names of the qualified
VERY. Foisla of the parish of Orleans whose
p o-S-4 were on the registry of 1867.
earoH nSW a, E1nrth-The jurors we're net drawn in
|t q s .ssiT5Sonsmity with the order of the court
boye enua Etlh-That several members of the grand
oogsd . ssry BIO framed tho indictment were not
/ canal IN ik6 registry of voters for 1867.
CTS Of jsaqs supplemental motion was since filed,
|'F0oa '',ddla that the preceding grand jury sum-
n aa4ea meaiS u discharged by Judge Howe was
O9t Ssis.95. on and duly organized body, and the
i1s yait WAS without the legal right to set the
/ eshGaiaus aside.
Mrs. Nj W. T case came mp for trial and argument
the lay morning. in the first district court
SeeIhI e4eon r Held put Professor Valas, custodian
hee9n% hie 4 registry records of 1867 on the stand
9T9hasS arc Sl. purpose of proving that some five
he I'D dN d1 Die members of the present grand jury
lot on the registry list Of 1867. This
AVERY, lily proved by Mr.. Vallas. Some dOcu-
. -. 80, papers were also put in evidence
Field Attorney General B. L. Lynch
RI f6T q "a District Attorney c. H. Luzenberg
he sixth dl ented the state. The attorney gen.
and By ~ Hnt Deputy Sheriff Hubert and the
proceed d the fret district court on the stand
i and Cas DC purpose Of proving that the formal
Pt u ms iss si4 the law had not been complied with
Ipefty, 1iE 8pGaneling the mixed grand jury
the the 9eIS 'aUS about the lst Of November last.
ETtudes, hese witnesses proved that the first
|ngipg' *, s1lS jury and several others were drawn
knia nj 'l and Judge himself without the action or
Der tweeq renee of the clerk and sheriff then
4 the ofi ma. This closed the evidence.
! city ~, AZ Mr. Field opened the argument and
hes 81 ia q from authorities 10 show that under
heh lot he ecent reconstruction acts of congress
o ia c eeens of color were qualified to be jurors
BY the dit ta eled Chief Justice Chase as having
MIS- Mar leWed grand and petty juries to be COM
MeieGa & Haa in part of colored men in the state of
~ NnqfHl Carolina and nthar of ludt a
AnseB circuit
yBSe BuI The attorney general followed He COM
e 9f esg Tented on the evidence Of the clerk and
md ssTead eputg sheriff, and contended that
of protss heir testimony established the fact
Z So' - lat the law had not been complied with
extent q llas organization of the mixed grand
ropeIty 10 m ascharged, and that indictments found
/ dollars aat body would be set aside and Grim
i b ' Angus pals let loose on society. Seeing this he
eight per fDoIe 10 lay any business before that
adiudieatl fspd Jury.
". AyER1 YER e then referred to general order No.
- y "a 81 General Sheridan, which he believed
|oPher G sued to place colored men on the
. v,r The attorney general asserted the
writ Of ef General Sheridan to issue such or
directed, nd ,Sas sorry that the order contained
ISsS ed cSas elaHe which was in antagonism to an
Op at the sf part of the same order and seemed to
s;eis 20 IN 6s IS enforcement impractcable. Ap
EsDzY, q, on was made to General Mower to
L NJ 'u' en order explanatory Of the order OF
EoUND si1 Al Sheridan General Mower took
~ ~ dMes;ensi M lion in the matter, and it remained
|nded by y It'll the arrival of General Han
= =, sRS sa@e eii fr who issued order No. 203,
ppewa stree. SET aside the order Of General Sheri-
loan ins'' bus leaving the state law in reference
,,rDv les still in force. He commended that
,;sk " oris ia Of congress which allows colored
- ns TO vote on the prospective state
RATED tuition does not necessarily entitle
INy1GoRA to be Jurors; that they would soon
energy PLq he opportunity Of framing a state
IL pisSSnb sSe N. tuition which would secure to them
b viii caqs ght but until this right was constitu-
beth % III I Is NJ acquired, their sitting on juries
70 grow 81 be attended with litigation question,
stipsteb y. ba 1I % legality Of every act which might be
Etimonials ee 6y juries and grand juries of which
1. ana prOus hight be members. Mr.. Lynch argued
-. Sc elaborately, though he left one
e l.bns sba T Of the case to his colleague the dis
he hSiT; ~ Attorney
e 0os SS@S daS Lnzenberg next addressed the cour
and that YOU tied different authorities to show
slosslfi slssl ios P egality Of the former grand jury
: ssrss VI Pa the present grand jury was cOnsti
Orleans'