The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-04-05
Constitution of Virginia Outraged by
n County Judge.
ITS vfSD1cArIoN BY JUDGE uNDERwoop-ApIy

ITS viSD1cArIoN BY JUDGE uNDERwoep-ApLr
ARGUMENT OF COL. I. II. SHIELDS.
The right of colored men to sit as jurors,
Notwithstanding the constitutional provisions,
has been savagely defeated By the Conserva-
tive party SO frequently that their right has
been nearly lost sight Of. Yesterday after
noon, however, Colonel Shields brought the
question fully before the United States court,
in the following manner. On the 18th day OF
March, the following petition was filed:
TO the Hon. John C. Underpood, Judge of the
United States District Court Tor tho Eastern
District of Virginia:
The petition of James Shelton, a colored citizen Of
the county Of Goochland. State of Virginia. and the
United States, respectfully represents that on the
2sd day o. February, 1871, at court held for the
county Of Goochland, Virginia, by oneA K Leake,
Judge of said county, your petitioner was tried on
an indictment for larceny, and upon arraigume MT
pleaded mot guilty" to said Indictment whereupon
jury OF both white and colored citizens we're sum.
moned to try the issue Joined in the manner pre-
scribed by law and in due form of law were sw orn
to answer such questions as the said court should
propcund, t3uching the qualification of iurors-
Whereupon the attorney representing the Com
Honwealth Of Virginia, in and for said coun-
ty, moved the said court to exclude from
said jury one Isaac own, coored citizen
Of ,aid county, upon the ground, to witt that by
decsion OF the Court of Appeals of Virginia. colored
men could not sit in tho capacity of Jurors until Ger
tain legislative enactments OF Virginia went into
force, which was not until the LIST day of april 1871
To which motion, your petitioner by his counsel OBJ
eced, but the court aforesaid overruIed said cbjec-
ton and Sustained said motion, and thon excluded
from said jury the said Isaac Brown aud other COM
petent jurors under the constitution of Virginia and
constitution and laws of the United States whereby
your petitioner was greatly injured and aggrieved
:, Your petitioner further represents, that he was
then and there tried under said Indictment by jury
of white men, to the exclusion of coiored men, and
found guilty by said jury, and sentenced by said
court to three months imprisonment in the county
jail Of said county.
Your petitioner IL, therefore, advised and believes
and therefore charges and avers that he is Illegally
imprisoned and retained in said Jail in violation of
the constitution of Virginia and the ution and
laws of the United States and the anne ndments to
the constitution or the United States.
Wherefore your petitioner prays the writ of habeas
corpus may be awarded him, directed to toe sheriff
of said county, or other person in whose custody
your petitioner is held whereby the sheriff of said
county, the United States marshal may be re.
CURED to take ard have the body of your petitioner
before your honor, at such time and Place as your
honor may direct TO be further dealt with according
to law. Your petitioner further prays inasmuch as
he is without remedy in the State courts of Virginia
and without remedy save in tho courts of the United
States, where such matters properly coguizable
and relievabie that your honor mey make such fur
ther order orders in the premises may be in con
sonsnce with the constitution and laws Of the Uni.
ted States and tho nature of the case may require
and as in duty bound be will ever pray, &C., &C.
JAMES SHELTON
lsworn beioio notary pubc.l by counsel.
Upon reading and filing of the foregoing
petition, Judge Underwood ordered the fol-
lowing writ Of habeas corpus to issue:
United States Distric. Court, Eastern District
of Virginia.-To the Marshal of the District
OF Virginia, to execute:
Tho President of the United States Of America, to
the Sheriff of Coochlaud county, Va, greeting:
We command you that the body of James Shelton,
dstained by you in your custody as it is said to.
gether with tho day and cause of his caption aud de-
tention, by whatsoever name he may be called, you
have before the Honorable Joha G. Underwood Dis.
trct judge at the United States Court roon In the
city Of Richmond, virginia, the 4th day of April
1871, to do, submit to and receive all and singular
those things which shall then and there be consid
cred of him on his behalf, and have Jou then and
there this writ
Witness the Honorable John O. Underwood, Judge
of the said court and the seal thereof at the city Of
Richmond, iu said district the nth day of March,
A. D., 1871
(signed) H. j. UNDERWOOD, District Clerk
In obedience thereto, the sheriff of Gooch.
land appeared in court with James Shelton,
when Colonel Shields stated to the court their
presence and was directed TO proceed with the
case, and in pursuance thereof read the re
turn of the sheriff to the writ, which was sub.
stantially the same as the following official
statement of the clerk of the court: