The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-04-15
For the anderson Intelligencer.
THE NEW JURY LAW---ITs LEGAL INTERPRE'
TATION

b.
you have adverted to the new jury lawsp passed at
the late session of the General Assembly, and have
construed it as requiring that the ratio of white
and coored jurors shall correspond absolutely and
mperatively with white and colored voters, in the
respective townships an counties. Let us exam
inc the original and amending acts, and see II such
is correct Interpretation of the jury law rs it now
stands.
The following extract ft0m your article makes
very correct abstract of SO much of the net OF
1868 rs prescribes the manner of drawing Juries
and of the qualification Of jurors:
At the special session of 1868, the Legislature
passed an Act "to regulate the manner of drawing
juries," in which it proviued that "the Select
men Of each town shall once in every year prepare
list of such inhabitants of the town. not absolute
ly exempt, as they think we'll qualified to serve as
jurors, being persons of good moral character,
sound judgment, and free from all legal exemp-
tions; which list shall include not less than one for
every twenty voters of the town, and not more than
one for every ten voters" SC. This list shall be
posted up in two public places at least ten days be-
fore it is submitted for revision at regular town
meeting, when it may be altered by adding the
names of any persons liable to serve or striking
any names therefrom. Of The list adopted by the
town meeting, the Sclecmen are to cause the names
to be written on n separate piece or ballot, and
shall roll up or fold the ballots, 10 resemble
each other as much as possible, and so that the
name written thereon shall not be visible on the
outside, and the ballots thus prepared are then
placed in box kept for that purpose The Clerk
of the Court notifies the Sclecimcn that one or more
grand jurors and one or more petit jurors nrc wan.
ted from each township. in proportion 10 the num-
Der OF inhabitants. The jurors are then selected
in the usual manner by drawing from the box
number of ballots equal to the number of jurors
required.
1t will be observed that the act derolves on the
Selectmen Of the respective townships The duty Of
making out jury list, which shall embrace not
more than one in ten nor less than one in twenty
of the registered voters in the township In
making up this list, it is discretionary with the
Selectmcn to adopt the greater or less, or any in
tcrmediate number of names. They authorized
and required, after casting aside the names Of all
who may be exempt by law from performing jury
duty, to select such inhabitants "as they think
we'll qualified to serve as jurors, being persons Of
good moral character, sound judgment and free
from all legal exceptions" This rule applies
equally to the white and colored voter, and the
Selectmcn, in making the selection Of names to
place on the jury list. would acl illegally and un-
consoientiously if they placed on the list any man,
white or colored, who they did net believe TO be
well qualified 10 serve on jury-any man of bad
moral character-any man who was wanting in
sound judgment, or any man not free from all le-
gal exceptions.
The late act of Assembly modi6es the former
law by inserting at the end of Sec. The following
proviso: " Prouided, al,cays. That the list, when
completed, shall be such that the number Of names
of white voters thereon shall bear to the number
of names of colored voters, near rs may be, the
same proportion as The whole number of white
voters bears TO The whole number of colored voters
in the township, city county, as the case may be.
Bat il will be found that neither this proviso, nor
any other section Of the new Inv, repeals or modi-
fes the necessary qualifications for jurors. IT. there
fore, in township, the Selectmen in making up
their list find an equal number Ct white and COL
ored inhabitants who are ucU qualified to serve a.
jurors, Jnng persons Of good moral charGcter-oj
sound judgment and free from all legal exception" y
the number of white and colored voters being
cqual-it would be clearly their duty TO place oil
eonal number of white and colorcd names on the
list from which the jurors are to be drawn. Sc
lectmeu would violate the law were they to act
otherwise. But suppose IN township where the
number of voters white and colored are equal, say
800 each IF the Scectmen choose to do so they
may place on the jury list GO names, one in ten.
| "a m
provided they had the legal quaiifeatiOns to be de-
lermined ~ the exercise of conscientious judg.
ment by the Selectmen. If 30 could not be found
up to that standard, but only l5 then As would be
placed on the list of race if qualified and but
Is of the other. and so on; the number placed on
the list preserving the ratio of white and coored
voters, if both have the legal qualifications; and il
one race is wanting in such qualification, the def
cheney must be made up FROM the other, if consid-
cred qualified by the Selectmen.
AS the townships have not been fully organized,
the new law requires the Clerks, Shcrffs and
County Commissioners 10 make up list, from
which jurors are to be drawn from the registered
voters of their respective counties. They ore 10
make up the list uaScr the law governing Select
men in every particular, oxcepb that they are not
bound to observe township lines, numbers, SC.
Their list is from the voters of the county. They
can take one in ten one in twenty of the voters
in the county and place upon the list, and if they
find white and colored voters qualified according
10 law, in the ratio above explained, they should
preserve on the jury list the ratio of voters, but
not otherwise.
1t is, therefore, very clear that the legal con-
struction Of the new law does not, as you suppose
in your editorial, "strikc down every principle Of
fairness and justice in the jury law. The pre-
requisites of gool moral character and sound judg-
mcnt are swept totally away, and tn" officials
charged with the duty of drawing .Iries are re-