The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-04-08
THE NEW JURY. Law.

Few persons are ACQUAINTED Win iHe Hiauue1 VI
drawing juries under the present law, and fewer
still are aware of the fact that the Legislature, at
its recent session, so amended the law enacted by
that body last summer as to thoroughly pervert the
purity and intelligence that should guard the jury
box In truth, the law as it now stands virtually
opens the way to ignorance and wholly restricts
the power to prevent incompetent persons from be-
coming jurors. For the future. there is to be ''no
distinction on account of race, color or previous
condition." and to this is added the extraordinary
condition that the different degrees of capacity
heretofore recognized among men ore to be forever
abolished. Everything must give way before the
triumphant chariot of the conquering heroes ~
now ruling over the destnies of beloved State,
and ell distinctions are 10 be levelled TO the Low
grade of morals and intelligence now infesting
high places!
At the special session Of 1868, the Legislature
passed an Act Hto regulate the manner of drawing
juries,'' in which it was provided that "he Select
men of each town shall once in every year prepare
list of such inhabitants of the town. not abso-
lutely exempt, as they think we'll qualified to serve
rs 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
sny names therefrom. Of the lis: adopted by the
town meeting, the Selectmen are to cause the names
to be written on q separate piece or bullot, and
shall roll up or fold the ballots, so as to 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 Selectmen that one or more
grand jurors and one or more petit jurors are wan
ted from each township, in proportion 10 the num-
Der of inhabitants The jurors are then selected
10 the usual manner by drawing from the box n
number Of ballots equal 10 the number OF jurors re-
quired.
Thus far the law was seemingly fair and right,
and under its provisions the best material afforded
by the country would generally be selected 10 per-
form the important duties assigned TO jurors
There were no nvidious distinctions made, and
neither was there the slightest reflection upon one
race or the other contempl0t I'd by the ACT ITSELF
1t was not class Legislation, but one Of the few
enaotments of that body apparently intended to
benefit the whole people Yet, for come reason II
was deemed best at the recent session TO disturb
its wise provisions, and annu the good effects ofa
wholesome law. An amendaory Act was passed,
among other things making the following addition
TO the 5th section of the previous Act: "Prorided
s!vays 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 vo-
ters. as near as may be, the same proportion as the
whole number of white voters bears to the whole
number of colored voters in the township, city or
county, as the case may be-"
This proviso strikes down every principle of fair
ness and justice in the jury law The prerequisites
of good moral character and sound Judgment are
swept totally away, and the officials charged with
the duty of drawing uries are restricted to The him
its of the registration lists. They must preserve
the equilibrium IS to voters, whether or not per-
soos Of capacity and fitness are selected. Of what
force is the plea that. in nearly every section,
ninetenths of the ooored voters do not understand
the plainesl duties of juror? How does 1t matter
that ignorance and noompetsncy are called upon
to decide the gravest questions Of law and evil
dence The law-making power has Rterdicted the
rule obtaining in almost every State of this Union
and forced recognition of certain facts in making
up the lists of those qualified to serve as jurops
And these facts have nothing to do with the quail
fications necessary, and foreign to The subject
legslated upon. 1t can only be characterized
as depraved prejudice seeking to uproot the foun-
dations Of society, and wishing TO break down ev-
cry barrier of common sense in the administration
Of justice Verify, we have fallen upon evil times