The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-01-07
THE JURY QUESTION.
DISTRICT ATTORNEY LuzzSBERG's AReUME

to publish a full report of the arguments before
Judge Howe, in regard TO the right of colored
people 10 sit jurors IN the courts Of this parish
the abstract Of District Attorney Luzenbergs re-
marks, embraced in the report for the CRESCENT,
was laid over and is now presented below.
Mr.. Nuremberg, replying to Mr.. Field who had
referred to the course Of John Minor Bolts at
Richmond, Chief Justice Chase in North Carolina
and in Virginia, and Judge Durel here Bolts sit
ting as grand juror with negroes and Chase and
Durel ruling that negroes are qualified by law to
| be jurors-observed that he was not before the
court 10 cite episodes in the personal history of
any man, but was there only to argue a question
| OF law. He commenced by reading the first sec
ton of the supplemental Reconstruction act passed
| March 1861, which is as follows
| Be Il enacted, ETC., That before the lst day of
| September, 1867, the commanding general in
each district defined by an act entitled an act TO
provide for the more Ell lent government Of the
rebel States, approved March 2. 1857. shall cause
registration to be made of the male citizens of
the United States. twenty one years of age and
/ upwards, residing in each county or parish ia the
State or States included in his district, which re.
gisration will include only those persons who are
| qualified TO vote for delegates by the act afore.
said, and who shall have taken aud subscribe the
| following oath or Affirmation:
| 81, -, do solemnly swear, or affirm, in the
| presence OF Almighty God, that am citizen OF
lie State of -; that | have resided in said
State for - months next preceding this day.
and now reside in the county of -, or the
parish OF -, in said State, as the case may
:
dsfranchised for participation ia any rebellion or
civil against the United States nor for felony
committed against the laws of any of the United
States that have never been a member Of any
ate legislature, nor held any executive or
judicial Office in any State, and afterwards en-
ragged IN insurrection or rebellion against the
United States, and given aid and comfort to the
enemies thereof; that | have never taken an
oath as member Of Congress of the United
States, or as a member of any State legislature,
or as an executive or judicial officer of any State
to support the Constitution Of the United States,
and afterwards engaged in insurrection or rebel.
lion against the United States, or given aid and
comfort to the enemies thereof; that will faith
fully support the Constitution and obey the laws
OF the United States, and will, to the best of nv
ability, encourage others so TO do. So help me
G,d.n
Now, asked Mr.. Luzenberg who are qualified
to vote for delegates by the "act aforesaid?"
Let US turn TO the "act aforesaid" for the solu.
ton. The 9th section of the "act to provide for
the more efficient government of the rebel States -
passed March 2, 1867, provides " That when the
people OF any of said rebel States shall have
formed Constitution of government in conformity
with the Constitution of the United States ia ali
respects, framed By a convention of delegates
elected bg NE male citizens Of said States twenty
one years old and upward. of whatever race or
color, or previous condition, who have been resi-
cent IN said State for one year previous to
the day of such election. except such as
may be DISTINGUISHED for participation in the re.
belIon, or for felony at common law, and |
when such Constitution shall provide that the |
elective franchise shall be enjoyed by all such |
persons as hare The qualifications herein stated |
tOr election Of delegates and when said Const- |
tuition shall be ratified by majority of the per-
sons voting on the question OF ratification, who |
are QtdtJted as electors Of delegates, and when
such Constitution shall have been submitted to
Congress for examination and approval, and Con-
gress shall have approved of the same, and when
said State, by vote of its legislature under said
Constitution. shall have adopted the amendment
n of ba Hit |
by the thirty ninth Congress, and kno wn as article
fourteen, and when said article shall have
become part of the Constitution of the United
States, said State shall be declared entitled to
in Congress, and senators and rep.
reseDtstiyes shall be admitted therefrom on their
taking the oath prescribed by law, and then and
thereafter thepreceding sections of this bill shall
be imperative in said State PrOUided, That no
person excluded from the privilege Of holding
office by said proposed amendment 70 the Consti
tuition OF the United States, shall be eligible
to election as a member of the con-
vention to frame a Constitution for any
OF said rebel States, nor shall any such
person vote for members of said convention"
Section six, of the same act, provides that
until the people Of the raid rebel States shall be
by law admitted TO representation in the Congress
Of the United States, any civil government which
may exist therein shall be deemed provisional
only, and in all respects subject to the paramount
authority Of the United States at any time TO
abolish, modify, control, or supersede the same;
Tisonal government, all persons shall be entitled
10 vote, and none other, who are entitled to vote
under the fifth section Of this act; and no person
shall be eligible to any office under any such pro-
Vislonal governments who would be disqualified |
rom holding Office under the provisions of the
hIrd article of said constitutional amendment"
NOW who are = the persons who are entitled to
Tote under the fifth section of this act?"
They are "the male citizens of said Safe
wenty.one years old and upward, of whatever
ace or color or previous condi ion, who have |
Jeen resident in said State for one year previous
70 the day Of such election, except such as may
be distanchised for participation in the rebellion |
n for felony at common law" What clase Of
persons, then, did the act supplemental to an !
let entitled an act TO provide for the more eff |
,lent government of the rebel States, passed
March z, 1861. and to facilitate restoration"
liTect the commanding generals of each military
district TO cause registration of?
Simply those who were male citizens of each |
ddte twenfy'one years old and upward of what.
ver race or color or previous condition, who had |
'een residentin said State for one year previous
0 the day Of election, except such as might be
sfranchsed for participation IN the rebellion or
or felony at common law-and who could take
nd subscribe the oath or affirmation contained 10
aid last mentioned act, which oath he had read
o the court, and which embodies the provisions ,
obtained in the third section of the proposed con-
iitutlonal amendment known as "artiole four I
Gen."
Who are the "male citizens" of a State?
The Constitution Of each State settles this
oint.
In our State, the Constitution of 1852. the last
constitution ever framed by 4" the people of the
tate Of louisiana" provides in article 10:
Every free white male who has attained the age =
twenty.on1 years, and who has been a resident
the STATE twelve months next preceding the
lee ion, and the last six months thereof in the
arith in which be offers to vote, and who shall 4
CITIZEN of the United States, shall have the | I
ght Of voting"
The Constitution of 1864, Art. Il, provides 5
Every WHITE male who has attained the age of
Eeniy-one years, and who has been a resident
the State twelve months next preceding the
lection. and the last three months thereof ia the
arish IN which he Offers TO VOTE and who shall be
citizen Of the United States shall have the right
voting" IL must be borne in mind that a "cti. 8
20 " IS defined TO be " one who under the Con.
tuition and laws of the United States has dright
rote for representatives in Congress, and other
nbhc ofhceTs, and who is qualified to fill offices q
the gift of the people,"
II is matter Of history that prior to the adop-
on OF the Constitution of the United States. each
ate exercised the right Of making citizens of
hat persons it pleased. -
The mere fact of person being citizen of the a
Dited Sfataa Oives m | :