The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1879-10-14
CoLoRED JURORS.


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Wisely enough tie United States
supreme court will soon arrive ut tie
so-called political cases which have
been appealed to that tedy from var
ious states, notably those Of Virginia
and West Virginia, where the state laws
forbid colored men from sitting on
juries. The two sides Of the cases are,
very briefly, that the states claim the
right to say what class of citizens shall
not serve as jurors, while tie plaintiffs
in error contend that the state laws dis
eliminating against the coloreimau are
opposed in spirit and act to the recent
amendments to the constitution, and
are therefore unconstitutional.
The whole relationship of the negro
to the government will DO discussed be-
fore these cases are disposed Of, and
doubtless many new points will be
brought up by the distinguished gentle
men who are to argue the question.
While the LEADER does not pretend
to q knowledge of law. it cannot see at
present, how the decision of the SUI
preme court can be otherwise than in
favor Of the plaintiffs in error. The
question first arises: Who are to sit on
juries? Manifestly citizens. What
citizens2 According to Art. XIV.
"All persons born or naturalized in the
United States = are citizens Of
the United States and Of the state
wherein they reside" According to
this females are citizens. But they
have no authority or privilege to sit
on juries In the states. Then the priv
ilege of jury membership is reserved to
the male, or voting citizens. Hence
citizens who participate In the govern
ment s'of the PEOPLE and by the people"
have jury duties among other duties Of
citize nship.
The fourteenth and fifteenth amend
ments clearly constitute the negro q
citizen in the full sense of the word.
He is made a part Of the machinery of
government. He is mads eligible to
vote for all officers and on all questions
whatsoever. He is made eligible to
election to any office. Indeed, in the
two highest legislative bodies Of the
United States he has served, with no
question raised as to his eligibility or
right to participate In national leglsla.
ton. He has served in state legisla-
lures and assisted in making state laws
shall he not then, have the privilege Of
sitting OF jurles to determine facts
under laws he has assisted in making,
from the very first process of electing
lawmakersp If colored. men can be
legally debarred from sitting INJURIES
II class distinctions can be made, then
white men may be deprived Of jury
privileges. All that would be necessary
{, that end would be a legislature with
q majority of colored members. If col
or can be constituted a bebarring ele-
ment, all very dark brunettes may be
Disseminated against, for in our gov
eminent now the negro differs only
from the white citizen In color. In
fact in the records Of law making bod
les and Of courts-except in the dis
eliminating states-no cognizance is
taken Of the color of a citizen. AL
names appear on an equality. Hence
we say that If black compilations can be
constituted an element of valid objec-
ton, surely red can. As to color itself
1t does not appear to cold reason that
the very black-haired man should not
enjoy all the rights and privileges ex-
tended to the very red-haired man.
Black-haired ballots are not distin-
guishable from red-haired ballots at
the polls. Aud 40 distinction can o.
right be made in the jury box. The
constitution, our fundamental law, and
with which no other law shall conflict,
is express in its intention and command
to eliminate all prejudice end discrimi-
nation whatsoever against colored cit
liens.
Why, then, cannot colored citizens of
right participate in the duties of jury
membership? Art. vi. Of the consti-
tuition says: 'In all criminal prosecu-
lions, the accused shall enjoy the right
to a speedy and public trial by an i'm
partial jury etc. Does any man free
from prejudice, who knows aught Of
the science Of government and Of the
peace and power Of our constitution,
need to be told that juries from which
colored citizens are prohibited by local
laws. are impartialr
Fairness and equality are the very
first principle of trials by jury. 1t was
the pride Of our English ancestors,
those who evolved hat grand lex non
seripta of England that will command
the admiration of ages yet to come,
that every man had the right Of trial
by a jury Of his peers. Why? For the
very simple reason that prejudice Of
class should not weigh unfairly against
any one. Does anybody pretend to say
that exclusively white juries in the
rabid southern states a be otherwise
than pref udiced against colored prison.