New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-22

respects, which tho contribution Of 1861
| finally established, and hence the nooee
Esity for . more comprshenaivex deftnitieu
| of the electors and jurors qualifications.
Hence sections 2l43 Rays Revised Statutes.
| already quoted, and 2l44. This radical and
| on the subject, 40 far ~ they had ignored
| the rights of the colored population, super
| induced an absolute necessity, for the max.
| ing of a new list which should comprise all
persons liable to jury duty, and the furnish
| ing of the same by the civil sheriff in at-
cordance with section 2l44, Rays Revised
| Statutes l know Of no particular reasons
why the Legislature made it incumbent on
him to do it in the month of December. But
it may be supposed. that the object was to
make these laws operative as speedily as
possible. The trainers of them may be sups
posed to have INDUCED fearful apprehen-
sions of the predictions, influence and
power, which the courts possessed, or were
in some measure guided by, touching the
exercise and enjoyment OF some OF the
rights which the government had bestowed
upon the cOlored population. Let all these
surmises be as they may, the list was made
by Sheriff C. S. Sauvinet. and since that
time all persons, legally qualified, have been
permitted and allowed to serve on the juries
in all cases, whether the questions submit
ted involved any of the rights of colored
persons or not. can not concur with coun-
sci in the plea that a new list of qualified
jurors should be made in the month of
December of each year, first, because
a new registration is not made every year:
second, because, in my opinion, 1t was
never the object of the lawgiver to require
the sheriff to ascertain who and how many
are naturalized during the year, nor who
nor how many reach the age of majority. or
become resident citizens during each year;
and lastly, because such an Interpretation
would render the law utterly impracticable
and reduce it to mass of contradictions
and palpable absurdities. For instance,
there are in the parish of Orleans not less
than $4,000 qualified electors, of which
number fully %, 900 are liable to jury duty.
Such was the case when the original list
was furnished by Sheriff Sauvinet. The
law requires section 2l46) that the sheriff
shall draw from the jury box the names of
the jurors, and continue to draw, for each
successive jury, until all the names in said
box have been drawn out" How can this
be done it in December of each year he
must put %, 900 names in the box! Besides,
this system would prevent thousands from
ever serving on the jury, and here let me
remark that this is not only duty, but
privilege to which each qualified elector is
absolutely entitied-a privilege which to
the cOIOred man. in some instances Of pOpu-
lCCItuR, may justly OC CVuSluCACu IuCSII-
mable. But reverting to the argument OF
counsel, can it be supposed that in the
lapse of one year the civil courts
of this city could ever require |
the services of $4,000 jurors, when |
only thirry-six are allowed at any one term. |
The law is imperative that the sheriff shall |
continue to draw until all the names are |
drawn out of the box. Now, If according
to counsePs argument, he must place all |
the names of all the electors in the box
every December, it follows, that during the
year, the civil courts should require the |
service OF $4,000 jurors. Else they can not
all be drawn out as the law requires. But
further still, the law declares that the
Jurors shall not be required to serve
second time, until all the names have been
lrawn from the box" How would it be
possible to avoid drawing them a second
lime, if after each drawing their names are
% be placed in the box! Further STILL when
,ver the box shall be empted, the sheriff
hall return all the names upon the jury list
nto the jury box and commence a new
irawlng.' Thus, it is plainly the intention
II the lawgivers, that what is demanded
y counsel shall not be done. Thatfs, he
n the Jury box each December, whereas
ne act declares they shall not be put back
q it until it has been emptied. Now unless
:, 900 jurors are annually drawn ont there
8 no authority for putting any in the jury
,ox. Considering therefore, that the great
bject of the lawgivers has been reached
q comforting upon all the citizens of the
tate residing in the parish OF Orleans.
he right to exercise his equality
4 the Interpretation and application of
he laws to the conduct of men, and con-
inced that the civil sheriff has adopted the
My course he could have pursued in the
remises without giving rise to far more
erious questions than those at issue, |
lust overrule the exception, and retain the
Try as having been drawn and summoned
serve according to law.