The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1879-03-27
What the Democrats Propose to Do

and we further believe that when it is so
understood every democrat, and by far the
greater proportion of the honest, candid
and reasonable men in the republican
party will agree in the justice Of the repeal
Of these useless and vicious laws. HE
ARGUS has already given review of the
supervisors and marshals law, which the
kilograms, published to-day, show is to
be modified and shorn of objectional
features and that there may be proper
understanding of the fight which begins in
congress to-day, we outline the following
as one of the bills which will be presented
to the executive by congress, and which
the stalwarts are pressing Mr.. Hayes to
veto. 1t is the repeal of sections $50. and
sol of the Revised Statutes. These two
sections as originally enactedin 1862 are as
follows:
SECTION $40. The following shall be causes of
disqualification and challenge of grand and petit
jurors in the courts Of the United States in addition
10 the causes existing by virtue of section S12,
namely: Without duress and coercion to have
taken up arms. or to have Joined any instruction
or rebellion against the United States to have ad-
hered to any Instruction rebellion giving ii aid
and comfort; to have given, directly or indirectly
any assistance in money, arms, horses clothes, or
anything UhGteUer, to or for the use or benefit 81
any person 900m the giUeT Of such assistance kVetD
10 haze joined or TO be about to join any tnsurrec
ton or rebellion, or to hare resisted or De d6out
20 resist, 9Dith force Of arms the execution OF ne
Idlgs Of the United States, or whom he had good
ground to believe to have joined, or to be about TO
join, any insurrection or rebellion, or TO
have resisted, or to be about 10 resist,
vii fnrr Of rfns no
OF the United States; or TO haze c0aRSstIed or al
Uissd any person to join any insurectiOn or re-
bellioD, to resist with force OF arms the laws OF
the United States
The FIRST of these sections was 10 fact
repealed April Goth 1871 by republicans
themselves who are now raising such an
outcry against its repeal but it was by
mistake put into the Revised Statutes.
A reading Of this section will show any
reasonable person that it is useless and
unnecessary. 1t even forbids any and
every loyal man to be juryman if he has
ever given so much as a cup of cold water
to one whom he knew to be dying rebel,
and it makes any indictment found by a
Grand Jury on which such a loyal man
may have sat actually void. There is 30
direction left to the court. Any prisoner,
the darkest criminal alive, can plead the
defeat. The next section is just as useless
aud unnecessary and in effect is only con-
tinuing to fight the war over; the day Of
its necessity has long since passed and op.
position to its repeal comes with poor grace
from party that has placed an ex-con.
federate in its cabinet and other ex-con.
federates in important consulates aud fed
eral positions. 1t is a. follows:
SECTION s2l. At every term OF any court OF The
United states the districtattorny or other person
acting On behalf OF the UnitediStates in said cour
may move, and the court in their discretion MAJ
require, the clerk to tender to every person sum
moned TO serve as grand or petit juror venire
man or taiesman in said court the following oath o.
animation, namely: You do sOlemnly swear (O
affirm that you viii support the Constitution OF
the United States of America; that you have not
without duress and constant taken up arms or
Joined any insurrection or rebellion against thu
United States; that Won have not adhered to any
instruction or rebellion giving it aid and comfort
that you have not directly or indirectly given any
sstance In money or any other thing to any persoI
or persons whom Won knew or had good ground 10
believe to bave joined or to be about TO join said in
surrectiOn rebellion or to have resisted or to "
about TO resist with force Of arms the execution o
tue laws Of the United States; and that you hav
not counselled or advised any person to join an!
lnsuTectlon or rebellion against or to resist witt
force OF arms the laws Of the United States An,
person declining TO take said oath shall be dis
charged by the courtroom serving on the grand 0
petit jury or venire to which he may have beel
summoned"
That the subject may be more perfect
understood, we give the language of thu
proposed repeal which aims at the estab
lishment of q system of impartial Juror
10 all national courts:
SECTIONS $50 and S2l of the revised statutes o
the United States hereby repealed and all sucl
jurors, grand and petit, shall be publicly drawn
from a box containing the names OF not less thai
three hundred persons possessing the qualification
prescribed in section 500 of the revised ststutes
which names shall have been placed therein by thu
clerk OF such court and commissioner to be AZ
pointed by the Judge thereof, which commissions
snail De citizen residing in the district in which
such court IL held, of good standing aud a well
known nember OF the principal political party op
posing that to which the clerk may belong, b,
CLERK ana said commissioner each to place one nan
in said box, alternately, until the whole numbe
required shall be placed therein But nothing
herein contained shall be CONSUMED to prevent an,
Judge in district IN which such is now the prac
ice from ordering The names OF jurors 10 be draw
from the boxes used by the state authorities in
lecng jurors in the highest courts in the state Al
general and special laws in conflict herewith ar
hereby repealed
Any lawyer will readily comprehend thu
legal effect o. the two sections, $50 ant
82l, and that all others may understand
1t as we'll, we copy the analysis and ogica
statement, made in the senate by Senator
Thurman, as follows:
We have three sections ia the statue
book on the subject of jurors-se otious 800
so and 81. Section 800, not to detar
the Senate by reading it at length, require.
that jurors in the Federal courts shall be
drawn as nearly as practicable in accord.
ancc with the laws Of the States providing
tor the drawing Of jurors IN the State courts.
Section $50 makes it principal cause Of
challenge in a suit on bill of exchange
avn yesterday and payable at sight,
drawn between two partners, drawn by a
partner upon partner, drawn by sub
ject Of Great Britain upon a subject of
Great Britain. On that bill, if a suit be
Instituted, any man who was engaged in
aiding or comforting, any man who gave
70 hungry and suffering Confederate
soldier crust of bread or a drink of wa
ter, is disqualified to sit on the jury. That
IS section $50. That bare fact-having 10
any way whatsoever aided rebellion-is
made principal cause of challenge which
either OF the parties may insist upon, and
thus drive from the jury box a man who
IS called and against whom the objection
lies That is section 800.
WHAT is section S2l2 Mark it. Sec
ton $50 creates a principal cause of chal-
lenge. How can that be taken advantage
oiI Only by one Of the parties to the
suit to insist on that principal cause OF
challenge. But what is section S2I?
Section S2l provides that a person
who has 70 interest in the suit