New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-17
JUDGE ABELL TO TIE GRAND JURY


Judge Abel, OF the First District Court
yesterday morning delivered the following
charge to the Grand Jury, swcrn in for the
quarter ending the thirtieth Of June:
Gentlemen of the Grand Jury-You have
been selected and sworn as the grand in-
quest in and for the body of the parish OF
Orleans.
Withdrawn, as you are, from the gaze OF
the inQuisitive, sworn to keep your dellpera-
tons secret you can prosecute your duties
faithfully and impartialiy, without fear OF
criticism or m just ceneure. Being entitled
10 the aid and advice OF the law officers OF
the State you will lind bat lit le difficulty
in the prosecution OF your srduous duties.
The Judges of the several District Courts
OF the Stale having criminal jurisdiction are
required specially to charge The Grand Ju-
ries relative to trespasses upon PUBLIC lands
belonging 10 the State, misapplication Ot the
school fund, the destruction of levees; and
carrying concealed weapons, etc. 1t ls also
made obligatory upon you to visit prisons
within the parish, and report the manner IN
which prisoners are treat ed, ana present any
sheriff iailor or prison keeper for violating
the law regulating g the treatment OF prison
ers under their charge.
Gentlemen, there are other subjects imme-
diateiy connected with the administration
"
dec II it proper TO call your attention; not
that il is in your power to afford q remedy,
but you may make such suggestions as will
direct The public mind to consideration
and discussion Of the matter to which I
refer, and no time could be more appropriate
than before an election OF The members of
the General Assemb bly, which is soon TO take
place. Party rancor having measUrably sub
sided, it is reasonable to suppose that each
of the political parties will select the most
intelligent, honest and faithful Of their party
to conduct the affairs Of State and city. Ii
this policy should be adopted, any suggest
ion from you, looking TO Ii greater security
of life and property, and more efficient ad-
ministration Of the criminal laws of the
State, will be duly considered.
BY examining the law it appears manifest
that the existing jury system is wholly in
adequate to the protection OF the best inter-
este of the State by I; faithful enforcement
OF the laws. AS the law stands the sheriff is
required 10 take the names OF all registered
voters from the register, each On strip OF
paper aud place them i'll a wheel. The
court, ia the last week OF each month, is
required by statute to order the drawing of
a sufficient Inmber by the sheriff to form Il
panel for the ensuing month. About three
hundred are usually drawn. Out of this
number it is seldom that more than one
undred are found by the Sheriff
At least one-third OF that number come
under some statutory exception, the prin-
pal of which are the Governor, Secretary Of
State, officers commissioned by the United
States, Mayors, Recorders, and all city
officers, including policemen; ali judges, and
officers of the courts, attorneys, notaries,
ministers Of the gospel, school teachers,
officers and clerks OF incorporated lnstltu-
tiOns; sli over sixty years of age, physicians,
apothecarles, inspectors OF flour, pork, etc;
also exempt and active firemen.
Besides these exceptions, there are large
number of the most intelligent citizens who
never register, in order to avoid jury duty.
These exceptions usually include many Of
the most intelligent and deeply interested
of the people. The remaining number, who
form the white element of t6a panel, are
from class OF citizens who have not had
the experience and advantage necessary TO
qualify them for the complicated and re-
sponsiole duties of jurors. A large majority
are adopted citizens, many OF the most
intelligent OF whom frankly avow their
inability to understand the English language
sufficiently We'll, to act understandingly as
jurors.
To the white jurors thus selected is added,
by legislative enactment, all the colored
people OF the parish, who have been made
jurors without regard TO qualifications, eX-
eept that OF being registered voter. Many
OF them are men of understanding, principle
and intelligence, and make good and safe
Jurors. If the jury box was limited to such,
they would reflect credit to the colored race
and furnish security to society.
Before proceeding to speak of the other
land by far the most numerous) class, who
certainly are not qualified, muss digress SO
far as to assert that am actuatedby no ill
motives towari any OF the cOlored citizens.
Upon my oft-repeated theory, their intel
ligence should be encouraged more fully by
those who have raised them, in order to pre-
pare them for the destiny that awaits their
race. That theory SO often repeated by me
is that just as soon as they realize fully
their subordinate condition toward proud
race, that now outnumbers them ten to one,
they will go forth under the auspices Of the
government of the United States to sepa-
rate nationality, and true and manly equali-
fry; if not, they will be voted by the States
to a most abject subordnation /: otherwise
it is to be feared they will prove an ex-
plosive element that will rend the gov
ernment into fragments. Gentlemen,
l have already said that the intelligent
part of the colored people make good and
impartial Jurors, but by Tar the largest num-
ber OF them are totally disqualified to un-
derstand either the principles of law or the
application of evidence. 1t is certainly not
their fault, as they are uneducated, and have
been deprived of the ordinary intercourse
with men CT information. The fault of as
signing them to the jury box is with the
Legislature.
If this wrong is recti6ed, it must be by
the aid of the virtuous and intelligent
colored people. They deprecate the vice
and ignorance of those who have focked
from the plantations to the city, for the pur.
pose of living life of idleness and crime.
Their crowding the dock of this court, and
single instance that has recently occurred
demonstrates them to be too vicious and
ignorant to be entrusted with the honor of
the State, or the life and liberty of the
people. Nearly one thousand of them
falsely swore that they were veterans, and
fought under General Jackson, at New
Orleans, in 1914 and 1915, and each of them
procured two others to swear tnat they did
so serve, or that they were for ten years re-
puted to be veterans, and then proved so
stupidly ignorant rs to permit few white
rogues to swindle them out of the fruits Of
their crime and perjury. 1t was clearly
established in a case OF perjury before this
court, that these deluded people only re-
ceived from seven to fifteen dollars each, +,
out of warrant of three hundred and
thirty-seven on the State treasury, as their
share of The fruits of their perjury.
With q colored population of q fraction
less than one-third of the whites, there is
five colored claimants to one white one;
and out of that number not one twentieth
belong to the old colored population of New
Orleans.
All these persons rushing from the plan
tations TO the city are the first to register as
voters, and by that act, ipso Jacto, become
jurors.
Gentlemen, have endeavored to explain
to you the mode of drawing, the only quail.
fcatiOn required BY law, that Of being o
registered voter. have shown you the