Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-10-31
THE POLITICAL ASPECT OF THE
STRAUDER CASE.

that ne Snouiu DC IcPiVSOh0ON I'll wv
jury BY men OF bis own race and color.
ON the same principle and for the same
reasons we would say that a woman also
should be tried by Jury composed in
part of persons Of her own sex.
There are instances where race preju-
dice or an incapacity to enter into the
peculiar motives which actuated party
accused of crime, if of different sex,
might prevent a jury from doing justice,
orinhuence them to very unjust YER
dict. Such, however, was not the case
in the SrRAUDER trial, and jury COM
posed entirely of his own color would
probably have been more susceptible
to prejudice against the accused than
Jury of white men. For a negress was
the victim in this case.
We are not prepared, therefore, to
maintain that our statute law, which
excludes all but white male citizens
from our juries, and makes no proviS-
ion for exceptional cases, is the very
best law that can be framed. This,
however, is OF minor consideration in
the SrGAUDER case as presented to the
L. S. Supreme Court.
The main point in the case presents
very squarely the issues which is made
between the Democratic and Republi-
can parties upon the Constitutional
rights of the States. The decision will
90 very far towards determining whether
we are to have "a Nation with big \,
or a government of and by the United
States as founded bv the fathers.
Il is not a question whether our
statute relating to jurors is good in
itself, but whether the State shall have
the liberty of determining for itself
what kind of jury it will have to try
its citizens, so long as it keeps within
the limits of its authority as State.
There could hardly be any difference
of opinion among unprejudiced minds
as to the scope of the thirteenth and
fourteenth amendments to the Federal
Constitution. But there may be an
honest difference OF opinion as to the
legal scope OF acts Of Congress which
purpOrt TO he founded on these amend
ments, and which, As the Inielljgenc>r
very truly saws, were intended to be so
plain "that no Bourbon OF the old pro-
slavery regime could possibly misunder-
stand what was meant by the nth Ar
ticle of the Constitution This very
motive, which the hieliigaicT states, the
political purpose and party passion
which inspired the Congress that passed
the Civil Rights Bill, created the imPe-
tus also, which caused them to over
reach their authority and usurp Consti-
tutional prerogatives for party ends,
which they had no right to.
But it is question whether, even adj
hitting the COnstitutionality OF the civil
rights bill, it can be interpreted to affect
the Statute OF our State in relation TO
juries. 1t simply gives to the citizens
of every race and color the same right
in every State and Territory, &c, " ito
make and enforce contracts, sue and be
sued, DC, proceeding to enumerate,
but not naming any such right as that OF
serving on jury, or being tried by
jury OF ones own race.
As Acknowledgement WHITE said in
his argument before the Supreme Court,
ct is the right Of trial By jury that is con-
ferred by the Constitution of the United
States, but nowhere the right to have
the jury composed of any class, condi-
ton or color
"Tial by jury is a right, but serricc as
a Juror has ever been considered as a
duty imposed By lar upon the citizen.
"Our jury law coniers no right upon
the citizens of the State to act as jurors;
but by its very terms it only imposes a
duty-a SeTyjcs-upon all white male
persons who are twenty-one years of
age, and not oreJ aJty, and who are citi-
zensofth this State, " by making them with
certain EXCEPTIONS liable to serve as ju-
rors;' and it not only imposes that duty,
but when that service and duty is per-
formed Il Is paid for. ~
"What abridgement OF right is there
in this law which only imposes an on
erous service upon the white man.
"The right to hold office is a right
conferred upon every citizen; so is the
right Of trial by jury; but by no law,
constitutional, statute or common, is
there a right 10 do &srrjc' as q juror con-
ierred.'