The daily gazette., 1879-06-10

bill in the Senate to repeal the restric-
tions which apply to the white citizenstf
the South, excluding them to a-great ex-
tent, from acting as jurors in the United
States Courts, and for establishing an inn
partial mode of summoning and select
ing Jurors. 1t is a strange fact; but no
less strange than true, that Secretary
Key, of Mr.. Hayes Cabinet, although
holding that high position in the govern
ment, could not in Tennessee act as q
Juror, because of the exclusive clause
in the U. S. Statutes which the Demo
Gratis in Congress have been endeavoring
to repeal. But the Radical party have
opposed it at every step, although they
some time ago admitted that it had been
repealed several years back, but had
been put into the U. S. Statutes by de-
sign or mistake of the Committee that
codified the Statutes. In his speech on
Thursday, Mr. Bayard described the
operation of this clause, in the extract
which we copy below. The injustice,
and malice, and palpable wrong Of con-
tinuing such law must be manifest to
every fair minded citizen:
Trial by jury has been declared to be
the great end of all the complicated ar
rangements of civilized government. 1t
was Lord Bougham who said that all the
machinery of the British constitution and
her laws and the checks and balances OF
her power had no other other end than
to bring twelve men in a jury-box. In
the language of Littleton, when fact Is
to be proved against party it puts him
'supon the country" he "goes to the
county," as 1t is termed, which means tt
his countrymen, not to those country
! men whom the great body Of intelli
: gence, ability, and fitness have all beer
, excluded, but to the good men and tru'
!, OF those who are his tellow-countrymen
Senators can well recollect for they hav'
= often heard the impressive formula OF ou
p common-law arraignment. When maj
, on trial for his life before jury of hi
peers is asked how he will be tried, afte
S he has declared himself not guilty, an
: his answer is, ''by God and my country.
G But what mockery it would be whe
"the country" TO which lie is to appea
20 for his safe delverance is to contai
e nothing OF the elements of intelligence
J. of Justice, of good citizenship in whic
his best hopes of liberty and safety az
reposed.
" / scarcely believe the people of tn
. United States living in the NOrther
oi States comprehend the cruel injustic'
he the wholesale and sweeping injustice, {
H. this section S2l. / scarcely believe ths
- thev comprehend the fact that this law 8
- it now stands and the repeal of which I'll
al President has refused thus farto approx
rs excludes every man who, even when
nv was a child incapable OF knowing rigl
from wrong, ever intentionally gave u
hS slightest assistance or rendered u
tn smallest service to any one who was
nv arms against the Government Of Z
ito United States or whom he may reason
, bly, have believed had been or was abo
Ia to be so employed.
all Consider for moment the absurd
vs. and the anomaly of this oath. Congr'
ha has provided for the last ten years fol
'''N modified oath of office, which express
AN exempts from such exclusive test oai
Of all men who themselves bore arms.
on admits men to office who took part in
-, rebellion. They ill the highest Office
'oo the Republic, and yet they cannot un'
er- these sections $40 and S21-serve
da- Jurors. There have been and are II
vii, Cabinet officers, the chosen counsellor
the Federal Executive, Senators &
AN members OF the House of Representati
an by scores, ministers plenipotentiary
foreign governments, consuls and dlI
matte agents perhaps by dozens, not I
49, OF whom could take the present oath
constitute him jury.
'on- Nay, the very courts in which III
ses- oaths are TO be prescribed the district
was torney who moves that they be admi
49,, tered, the very judge who makes the
der permitting the administration,
II al very bailiif who hands the book to
The proposed juror to be sworn, can non'
ANS them themselves take the oath now
-, thorized by law. In thirteen State
10Y this Union it would exclude ninety-i
nave out of every one hundred OF the W
Dry citizens, and yet how idle and VIII
,lan mockery it is TO term such trial by
:, a trial by the country" when
nese chiefest portion of that country's int
ction sence, its moral worth, its characte
lings all to be excluded from participate
IT such trial.
Sir, | can conceive no more pall
u. oo injustice than the assaults which
n the heard years past in this Chamber
the whole southern region of this {
try and its citizens because Of al
!. YES lawlessness; and yet while those ch
-. =, and those assaults were made the q
''' portion, the more influential porto
II the those inhabitants who might hav
le i'm strained the commission of crime thl
ritain. the agency of honest juries was ex
:. ana ed from having any such authority
" huence.
rt ex- These laws have by eminent in
united authority not simply been declared
norta- invalid because they compelled n
ie 49, testify to his own guilt, but they
IL 'ie been forcibly and truly declared to
every invalid and unconstitutional, to us
cattle language of Mr.. Justice Field in 6
"a the case, as it would be to quarter tro
- the dwelling house of a citizen i
time of peace.
o this Mr.. President, there needs no m
'eeding be done than to have these act
aoains, and to recite the history Of the att
- made for their repeal, to show Il
ilseases fact those attempts have been uni;
might ly thwarted, to show the unlawfl
nassed unconstitutional character of the o
show their exclusiveness and inj
character in the administration of j
,,;.: All this is enough. If the staten
o4aiih- these facts. calm and accurate