Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1879-06-03
Negro JurypIen.

mon as Jurors Eel pcIs5ts cD!Eied 10 serve,
and whose naiu,s nay arpsar upon all poll
books, without Discrimination between white
men aud black mcn." The petition VAS Pre-.
scuted 10 conformity with resolution adopted
by the regro convention, held On May 10 for
the purpose Of considering measures "or the
aneliora,ion ard Improvement Of the condition
of the coorcd race e.. The Judge says:
Tho petition presented to me tys com nit
tee ct respectable colorei cl:z,ns OF this city,
and it, together with the statements submitted
by the members of the committee presenting
il, have received from me calm and de!lbe.
rate consideration" Tho objects cf the pell-
tiou, as stated therein, are to AK me. as the
Judge CT this court, ITO SUMMON as jurors all
persons entitled to serve, and whose names may
appear upon all Of tbs poll books. We do cot
ask for white mer cr for black men 90 The
Jury We merely ask that the jurors may be &C.
Looted from all of the poll books
A petition askiog that in cases where colorcd
persons wero accused Of crim3 they should be
trisd by jurics consisting CT coorcd persons who
could read and write was presented TO my pro
decessor, and refused By him, for reasons in
which fully concur, aud il the form CT this
petition was tho same as that, and there had
been no changes since then in the modo OF Sc
lccing the iuries in this court, might be CON
tent simply to refer TO and adopt the fitting, eDd
| 10 my mind, conclusive answer then prepared
and submitted by Judge GuigoD, bat the form
! aud substance OF this petition being very dit.
| farent from that then presented. and there
having been changes 10 the Laws for summon,
| ing urle5 OF this court Since that time, makes
| it necessary, in my Option, to give somewhat
| \ ,T n - hot hnr
given iy hlm.
The Law then provided land ii Gov pEosldes)
| thlt "a male clz ms twenty. zone years Of age,
aud not ever sixty, who Gro entitled TO vote ard
| hold Office undcr the constitution eud laws Of
| this State, shall b. liable to scivo as jurors, !"
| with certain exceptions not necessary TO he here
stated. (COde, chapter is, section l. 1t then
provided that annually The Judge OF each coun.
| tY snd corporation court Should "prcpaGe 9 list
| Of such Inhabitants Of the county or corporation,
not exempt as aforesaid, as be shall Think we'll
qualified 10 serve as jurors, Icing persons OF
sound mind and free from lees exception.
And from this list the names Of thlry-sly Jurors
we're drawn by ballot, By the judge, for the
trial Of all the causes pending q. NJ term CT
the court (Codo, chapter l5S. sections =, B. t
), Acts 1856. page POS J The ooIy changes
ore that by the present law the drawing by
ballot j. dispensed with. TIC Jurors ia icldny
cases Gre simply summoned from list ''lur.
uishsd by the iudcc residing remote from tho
placo where the offenoo is charged 10 have becn
committed, aud qualified in other respects TO
sarye as jur2rs." II there are more than two
| felony cases to b. tiled at the term (which
is always tho case here) oDiy two iulia5
are summoned, which nsy, urts5 tho court
diteat otherwise, try all the c,scs. lCodo Of
| Ur. Pro chap. II, SEQ.
That tho State has the tight 10 rr;sNIbo tho
mode 10 which jurors arc sell ccd sod sum-
moued and trals conducted in ils courts, there
Gao new be no question. Judge Cooley, OF
Michipau, 10 his excellent work on oonslitu'
ional limitations, OF page IT'S, s'ys: "ln tho
! American constitutional system the power 10
establish the ordinary regulations / police has
| bees lets with the individual States, and 1t can
! rot be taken for, them. either wholly or 10
| part, and exercised under legislation o! Con
sr,ss," ADD Chief justice Rcdheld, Of Yer
mont, used language 10 the same effect 10
Thorpe ". II. & 3. II. II. Co.. 9th Vermont,
l42. Indeed. this is substantially the language
| Of Judges Marshall, Story, fancy, Chase,
| Waite. aud all other judges and text writer's,
whose opirions and writings arc worth quoIiog,
| both before and since Tho adoption Of the ~.
cent amendments to tho Federal Constitution,
aud that tho general division Of powers b.
| tween the Federal and State Governments, has
not been disturbed By tbfs,rccan amendments.
SEQ Uoitcd States rs. Cruiksha1ks, % u. 5.
Il, 543.
The State of Vuginia, then, having the tx
elusive right to do SO. has, through its Leeisa'
ture, conferred on 1ne, as tho judge OF this
| court, the duty IF furlishiDg tho lists itom
which The juri;s who Try eases III this court
| shall be takoe.
rccogu;z, fully tie status OF tho colored
people; th,ie equality before the law. and
that they arc "lisble" to s,tve on tho juries of
nv court. Aud when | deem it best for the
proper enforcement of tho laws Of this Com
monwcaIlh, | viii summon them on the jurics.
have 10 the rast and expect to do tho
same in the future selected as urors only such
| pcIsous ss | was satisfied would give to every
one charged with crime in this curt such
fair aud impartial trial. by q jury CT his pccrs.
az is guaranteed 10 all by The Bill of Rights of
Virgiuic. The tho oily prineipls which has
governed or will hereafter govern me in tho
discharge Ct this duty is, that which will enable
me to comply With the law and at tho ssmo
time secure the best material that can for its
proper enforcement. When | GGd that can
best do this by selecting coored ilrors L will
| 10 SO, DuC EOl III lHcU. IL WAS ulSpUSCu ~
do so it would be simply impossible for me to
select "aI persons entitled 10 servo and whose
names appear Gu The poll books" as
prayed Tor 10 this petition. and c,mp!y
with the law when it says mus. &C.
lcct only tuo5 Gs l think well quali-
fed to serve bs Jurors" There arc huu.
drcds in this city both white and cil5rcd, that
| have 90 opinion Of, ono way or the other,
that | never can or never will selsct, knowing
nothing Of their qualifications. If were to
s.!ec. some colored jurors DOW with tho huu-
drcds Of moro Intelligent white persons Liable to
jury duty that know of to select from. such
selection would be made simply because they
were colorcd, and, as was we'll said By my pre-
dccessor, | would then be applying test Of
qualification condemned by tho spirit ct least,
of the fcurtecuh constitutional amendment
and Civil Rights bill. nothing that | hsvo
said or done, or can say or do, and 20 additional
legislation is necessary to render colored ciiz,ns
moro liable under the law than they now ale 10
jury duly. Education, elevation Of character.
and the legal qualifications sro tho only things