The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-06-07
The Cnse Of TAYLOR Strnuher,

Among the cases to be acted upon at
the session Of the Court OF Appeals which
commences here to-day, ia that Of Taylor
Strauder, the negro man who has been in
jill for nearly Eve years, and who has
been twice convicted and sentenced to
death, and whose fate is still envcloped
in doubt. Strauder killed his vile in
April, 1872, for alleged adultery. He
was indicted in May OF that year, but was
not tried until May, 1873, at which time
verdict OF murder in the frat
degree was rendered. The Supreme
Court granted writ Of error and after
hearing the case ordered new trial, and
accordingly Strauder was reindictcl in
October 1874, tried in November, again
found guilty OF murder in the frat degree,
and sentenced to be hanged. A second
time the case was taken to the Court OF Ap.
peals on writ Of error, and now We are
to have the decision OF the Court upon
the points raised by his counsel. The
leading point is that Strauder did
not have such trial a. he
wal entitled to under the Civil
Rights Bill, viz: n trial by jury
drawn promiscuously from his fellow cit.
liens, but from one clas3 Of them only,
VIZ: white citizens, colorel citizens
not being eligible Under the laws Of
West Virginia to sit in his case. This is
an interesting point, and it may hicit the
opinion OF the highest court in the State
on the question Of the eligibility OF col.
ored citizens to act as jurymen. 1t will
I've remembered that the first section OF
the Civil Rights Bill provides shat all
persons born in the United States and not
subject to any foreign power, excluding
Indians, not taxed, are hereby declared
to be citizens. OF the United States; and
smch citizens OF every race and color,
without regard to any previous condition
OF slavery or involuntary Servitude, er.
cept as a punishment 70. crime,
whereof the party shall have been
duly convicted, shall have the same
right in every State and Territory in
the United States to make and enforce
contracIH to sue, be parties, and give
evidence to inherit, purchase, lease, sell,
hold, and convey real estate and personal
property; and to full and equal benefit Of
all laws and proceedings for the security
Of person and property as is enjoyed by
white citizens, and shall be subject to like
punishment, pains, and penalties, and to
none other, any law, statute, ordinance,
Or custom, to tho contrary nOtwithstand.
ing"
In addition to this section Of the Civil
Rights Bill, Section lst Of Article XIV
Of the Constitution OF the United States
provides as follows:
AN persons born or naturalize in the
United States, and subject to the jurisdic.
ton thereof, are citizens Of the United
States and OF the State wherein they re.
side. No State shOll make or enforce
any law which shall abridge the
privileges or immuniIies OF citizens Of
the United StctCS, nor shall any State de.
prive any person otliie, liberty or prop.
erty without due process OF law, nor deny
to any person within its jurisdiction the
equal prOteCtioupot the laws"
It is held that in dcrosAtion Of the
above extracts from the Constitution and
laws of the United States, the State OF
West Virginia has limited jury eligibility
to the white male citizens OF the State,
and that thereby Taylor Strauder and all
persons Of hisIrace can not receive the i'm,
partial protection to which they are en-
titled, persons OF their race being Cxclad.
cd from the jury box under all circum
stances. As long as one class Of citizens
are thus dSbaEred from equal privilege
with other citizens it cannot be said that
they are equal before the law, and any
Sct OF State that thus debars them
may well beconsidered at variance with
United States law. But putting the ex.
tracts ! we have quoted to one side, there is
an enactment Of Congress, which can be