The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-03-02

omitted, white and black, are on tue
s,me footing. Indeed, Zone OF them Kno"
bu, they NAV be summoned the next month
or the next year. The law does not require
apy particular man, white or black, TO DC
summoned this month or this year. Ii II
did. 1t would be absurd. But hear What
Mr.. MoRTos, Of Indiana. one OF the cham
pious of the bill says about 1t:
Mr.. MORTON: Mr.. President the fourth
section of this bill does not establish any
uuali6 cations for jurors in Stale courts. IL
makes no pretence of that kind. 1t leaves
the States to tx those publications as they
sec proper. A State may provide that no
man shall sit upon jury who ts not tairtS
years old, or, If you please, fifty years olo.
The State nsy provide that no man sss!l BIZ
upon Jury who cannet read or Wreees tnat
! no snan shall sit upon jury who ts 1es Wortn
$500 or $4,000. The State Is LETT perfectly
free to fix the qualifications Of juToss as sne
sees proper but by this bill she Is restrained
from prohibiting any man from sitting upon
a iury simply because Of his race or color II
be has all the other qualifications required
by law. IF the State requires Juror 10 De
able to read and write, to have been cltiZen
af the State for two years, to be WORTH 81, ooO
in money. this bill would prevent that State
from excluding coloIed man from sittlhs
upon a jury if be possessed all the otnei
qualifications. That is the point. 1t does
rot assume to say who shall De juror. OF
what shall be bis qualifications, but 1t does
assume to say that Ii the colored man mas all
the Qualifications to sit upon jury required
of a white man be shall not be excluded Oh
account Of hs color.
Our Law does not exclude negroes. The!
are summoned whenever and wherever
needed. We repeat, that the law will be
failure.
; But. finally. any case can be taken to the
= Supreme Court and in the hrst case tna'
! goes there that tribunal will almost GER
tainly decide the law to be unconstitutional.
Senator CARPENTER (Republisan) brought
out this point very prominently and clearly
in his speech last Saturday. We give para
graph or two:
Mr. CARPENTER: =.
GAN Of the provisions of this bill are in
conflict with the Constitution of the United
States as expounded by the Supreme Court.
II NAV be said that those decisions are incor-
rect, If this were conceded, still 1t must be
admitted that the decisions exist, and that
thew prescribe for the Judicial Department OF
the Government rule that must be applied
to this bill, and under which the courts ,pust
hold it invalid and void. And Of what ad.
vantage can it be to the colored citizen to de-
clare that be may bring suit in which 1t is
certain he cannot recover; suit which must
be attended with yexation and expense, and
result in defeat and disappointment ?"
And again said Mr.. CARPENTER:
"Tbe colored citizen is authorized to bring
suit in which every body knows be cannot
recover. The Supreme Court of the United
States, in two well.considered decisions, have
settled principles upon which the validity OF
this bill must be denied and every Circuit
Court in which suit may be commenced un-
der its provisions will be compelled, in pro-
per judicial subordination, to rule against
recovery. Its only effect, therefore, will be
10 involve the colored man in litigation in
which he is certain TO be defeated, keeping
the promise 10 bis ear and breaking 1t to his
hope"