The daily gazette., 1880-05-21

sort, and no writ of error Will lie
against it in this State. The Court is
the authoritative exponent as to the
law OF the case and its proper interpre-
tatlon. The Strauder case, in west
Virginia, was different from this case.
There, by the law, a1hite men only were
allowed to serve on jaries and coiered
men were excluded. If such a proyi-
sion existed in this State it could be
construed as being obnoxious to the
fourteenth and fifteenth amendments.
But here we ask you, said Mr.. Gray, to
decide that there is no such law In this
State, and the Supreme Court, If the
case is brought before them, will take
your Honors' decision ON the premises.
To take this petition as "a fact we
would have to say that by the laws of
this State colored men are excluded
from juries.
Mr.. Gray then proceeded to ably dis
cuss the proposition of Mr.. Higgins
that colored men are excluded from
juiies in this State by the action of the
State officers. He keenly inquired il
the petitioner had examined the jury
box, to see whether or not the names
of any colored men had been placed
among those from which the panels
were drawn. He said the provi-
sions of the fourteenth and fif-
teenth amendments were admit
ted by this Court inasmuch as
old statutes providing tina colored
people could not testify in any case ii
which White people were concerned had
been quietly ignored without repeating
enactmeDts by the State. Neal could
as well object TO being tried in this court
because under our laws colored men
cannot testify in this case. Yet colored
men do testify, and they are as much
qualified for jurors as for witnesses. To
decide in favor of the petition, Mr..
Gray argsed, it must go back and state
that colored men, under the laws OF this
State, have no right to vote.
On the question of procedure in the
event of Tie removal OF the case, Mi.
Gray maintained that no mode had yet
been prescribed, and that the United
States had no common law criminal
jurisdiction. The only crimes that can
be tried by the United States Courts a. e
those defined by act of CJngress, and
they must be so stated in the indict-
ment. If this cause is removed, it will
put the prisoner in hands not competent
to try the case.
MI. Higgins said he differed with Mr..
Gray on this poin'.
Mr.. Gray proceeded to argue the mo-
lions to quash the Indictment and the
panels, which, he said, were made un-
der the general law and the constitu-
tioual amendments itiecting the rights
of cololed men. The grounds for the
motions were that not by he laws of the
State, but in some other way, cOlored
men were excluded from iuries aud the
prisoner thus denied the rights guaran
teed him by the law. We only have, he
said, the allegation that the names ot
coloied men have never been placed III
the boxes and drawn as jurors.
The right to be decided by the amend
ments Is not that colo ed men must be
put on juyies, but that they should not
be excluded. Where is the evidence
that they have been excluded? We
have a right to demand the proof OF the
allegations. The absence of colore
men from the jul les might be from any
of hundred good reasons excepting
that of color.
Mr.. Gray, in conclusion, argued tina,
prisoner of Irish, English, Germa OF
any other nationality might object OIL
these grounds because none OF his rae
or nationality happened TO be OH the
jury. The recognition OF this principle
would put a man in the jury box not be
cause of his fitness to discharge the re
sponsible duties of the position, but
simply because he was a white man or "a
black man, SIch disc imi nation, The
speaker said, he would dread 10 see III
lhe administrati III of Justice in this
State, 1t would not do on such loose
allegations to quaah the indictment
without sound reasons showing thai
colored men were purposely excluded
from juries.
Judge Houston incidentally rema ked
that there were 10000 people in this
county, out of whom only twenty fouf
were drawn once a year to serve as
Grand Jurors, and that tue colored peo
pie did not comprise one-fifth OF the ell
tire population.
MIR. Higgins arose to reply to Mr..
GRAY, but it being $50 O'clock, the
Court said they would hear hin in the
morning.
1t may be well to state in this connec-
tion that il Mr.. Higgins motion ar
overruled, no steps will be taken as Ia
rs he is concerned, for forcble remov-
al of the case to the Uuited States
Courts, by a writ of hdbedS corpus.
Mr.. Higgins is not actua ed by any
spirit OF factious oppositi IN to the rights
of tha Nj ate t.nIIrIS. blt he is OF The
opinion that the grave questions arising
out of the fourteenth aud fifteenL
amendments must be met at some time,
AID he regards the Neal case as the
most favorable opportunity to test the
right of colored men to b. placed oD
juries in this State.