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

ers on trial? The constitution provides
for a fair repI ~esentation Of all voting
citizens on juries. When this proyi-
sion is violated, therefore, exclusive
class juries are Illegal and their acts
void ab initio.
We admit that nowhere in the con-
~stitution are laws prohibited which
deny the right of jury membership to
colored citizens. But all lawyers know
that it hath been the custom in this
government to admit all male citizens
of sound mind to jury duty. The fact
Of a man being a citizen and sound in
mind qualified and made him liable to
jury duty. Full citizenship has always
carried with 1t the duties Of a juror.
The lists of persons which are put
into the jury wheel are compiled from
the lists Of qualified citizens in each
judicial district. To be a qualified
citizen is to be qualified for jury duty,
and that is the spirit Of the ccnstitu-
tion and the custom Of practice in
courts Of law
We will not unduly lengthen this ar
ticle by a citation Of authorities who
dwell with stress upon the bounden
duty Of every citizen to do service on
juries when called upon. That un-
Just determinations cannot be made
without the grossest injustice to the
prisoner at the bar and manifest injury
to the wholesome administration of
law, etc, etc.
Another thought: II any state can
Of right prohibit colored men from Sit
ting on %juries, 1t a also prohibit them
from holding any elective office. A
statute forbidding jury privileges to
colored men were not more outrageous
on American freedom than n
prohibiting them from accepting or
holding and administering the duties
of an office, the choice for which rests
in an election by qualified citizens.
and yet the constitution is not explicit
against any such laws. WhyP Be-
cause qualified citizenship makes a mar
a component part Of the government
and carries with it the right and duty
Of holding office to make or administer
laws-and, we may add, the right OF
jury duty. Omce-holding and jury duty
are obligations imposed upon citizens
by virtue Of their citizenship. They
are in%separably connected with citi-
zenship. Take them away, and what
sort OF government would we have?
The southerners themselves do not
question the right Of colored men to
hold office, since they have passed no
%prohibitory laws to that effect. They
recognize their right to the same by the
very arguments which we have adduced
to prove the right and privilege OF col
ored men TO jury duty. Indeed, In the
very legislatures of Virginia and West
Virginia which passed the prohibitory
laws above stated, we understand there
were one or more colored men each in
their membership. Isn't 1t strangely
inconsistent in southerners who are 30
devoted(?) to principle that they should
recognize and allow the right Of colored
men to enjoy the privileges and emolu-
ments OF the higher office or position
and deny to them, In the same breath,
the right to the more common duty of
citizenship, viz, jury membership 1t
strikes us that in admitting the former
facts the southerners remove all foun-
dation for their action In the latter.
1t is well that the best legal talent of
the country is to be brought to the ar
gument Of this question before the
great and final tribunal Of the United
States. Men like the able attorney
general of the United States. Mr..
Deyens, and Senator Gordon, who rep
resent the two sections divided on the
point at issue, will bring out of It all
that is possible to thought and research.
We have an abiding faith in the success
of the distinguished attorney general
because we believe him to represent
the stronger side, and able to bring
greater ability to tile presentation of
arguments.