New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-12-12
LERORS In TIE .SOETH.

JURORS IN TEE SOUTH.
Southern notification has struck snag
United States constitutional requirements and
laws have been set aside with much success
thus far. but the nullifers have discovered
that the performance may prove not wholly
free from peril. 1t is reported that a recent
iecision of Judge w. 3. Woods. in the district
which includes the States bordering on the
Gulf, has caused much uneasiness. He decides,
they are panied to hear. that the test-Oath
must still be required from grand and petit
Jurors III United States courts, where the of
fences charged are violations of certain United
States laws. 1t has not been the habit of
Democrats at the South to spend their days
and nights in the examination of the
Federal statutes, but section S22 of the
Revised Statutes may have some bearing upon
the matter in hand. 1t reads thus: No per-
" son shall be grand OF petit juror in any
"court of the United States, upon any in
quiry, hearing of trial of any suit, proceed
/" ing or prosecution based upon or arising
under the provisions OF title Civil Rights
"and of title Crimes for enforcing the pro-
visions of the XIYth Amendment to the
Constitution, who is, in the judgment of the
Court, in completely with any combination
or conspiracy in said titles set forth. and every
grand or petit juror shall, before entering
"upOn any such inquiry, hearing or trial, take
"and subscribe an oath in open court, that he
has never directly or indirectly counselled.
"advised OF voluntarily aided any such com
blnaton or conspiracy"
1t happens that the crimes charged in South
Carolina and some other States come under
the provisions of this section. In any inquiry
as to such crimes, and in the trial Of any per-
sons accused of them, it appears that the
Jurors must take and subscribe special oath.
They must swear, not only that they had no
palt in the particular combination or conspi-
racy in question, but that they HeCer have
voluntarily aided or directly or indirectly
counselled or advised, any other combination
or conspiracy aimed at the free and full
| exercise of his franchises by the colOred
voter. Moreover, almost unlimited discre-
ton is intrusted to every United States
| Court in the selection of Jurors for
the inquiry or trial in such cases. "No per-
son shall serve who is. in the Judgment OF
the Court, in completely with any combina-
"ton or conspiracy" of the character named.
! If Judges are faithful and honest, how many
Democrats in South Carolina will they find of
whom it can be believed that they are not in
completely with the recent successful cOnspi-
racy to capture the State2 A strict enforce
ment of the law-aud President Hayes has
| declared that he means to employ all the
power given him to have the laws strictly
enforced-would seriously diminish the chance
of getting juries composed of South Carolina
nullIfiers TO try persons accused.
Then arises prayer for the repeal of this
and every other test or "irOnClad0 oath for
jurors. This is natural. In order to render
! notification of United States laws entirely
| safe, the repeal of several statutes is neces-
| sary. But the Democrats have made n slight
! mistake in tactics. This favor should have
been asked at q time when there was general
confidence in their pledges. When Wade
Hampton and others urged the policy of ere
Cancellation" and sOlemnly pledged their
honor that. if troops were withdrawn, all
United States laws should be obeyed and en-
forced, and all citizens protected in the full
enjoyment Of their rights, there were many at
the North who sincerely hoped and gladly
trusted. But several things have happened since
that time. Laws have been systematically defed.
The collection Of the revenue has been stopped,
and United States officers have been shot
down while trying to discharge their duty.
Upon perjured charges officials and witnesses
have been indicted and imprisoned by State
authority, in order to prevent. enforcement of
United States laws. BY massacre in some
States, and by stufling ballot-boxes III some,
the majority of citizens have been dIslran-
chised Having not honor enough to refuse
high offices 80 gained, men like Wade Hamp-
ton have made no attempt to perform their
pledges. For all these crimes and frauds,
"rrformcd" and "recOncled" Democratic
government at the South has not yet brought
TO justice and punished one single person.
No! Democrats of the South, il is too late
for you to ask further repeal of laws for the
protection of loyal citizens. a new rebellion
against tue Constitution and laws of the United
States viii ask in vain repeal OF the statutes
by which it may he punished. The persecu-
ton and intimidation of witnesses and the as
sasSinatiOI of some faithful officials Will make
it quite hard enough TO uphold the authority
| of the Government. The danger is not that