The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-10-16

OF grand and petit Jurors In the courts 81
the United States, rs follows Without
duress and coercion to have taken up arm,
or 10 have Joined any instruction or re
bellion against the United States, to have
adhered 10 any insurrrection or rebellion
giving II aid and comfort" DC.
In empanelIing the grand jury which
found the Indictment against the defendants
four persons otherwise competent were
excluded from the panel for causes men.
| toned i'm this section. The Court. after .
review OF the circumstances rs shown by
the record, declines to decide whether sec.
ton $50 il valid or not, for the reason that
objection 10 The constitution Of a grand
| Jury under that section was not raised in
due time. The Court, however, gives q
brief history OF the law excluding from
| juries persons who took part in the late in
surrection. and comments upon 1t as fol.
lows alt may be proper TO call attention
to the singular position OF this section.(sec-
ton 500. II was originally enacted rs Sec
ton OF a law passed June II, 1862. entitled
An act defining the different causes Of chal-
lenge and prescribing an additional oath
for grand and petit jurors IN the United
states courts, II Stat, 430. At that time
QS62) it was no douDt very proper and
, necessary law, but alter the rehabilitation
OF the insurgent States, the proclamation OF
general amnesty, and the adoption OF the
fourteenth amendment guaranteeing equal
rights to all citizens OF the United States.
there would seem TO have been no Just
reason for the continuance OF the law, espe-
ciaIly as by far the largest portion OF citi-
Gems in the States lately in rebellion would
be disqualified under it. Accordingly, by
the fifth section Of the net commonly called
the enforcement act, passed April 20, 1871,
"a Stat, l5,) Congress- after providing that
in prosecutions under that act no person
should be grand or petit Juror who
should in the judgment OF the court be IN
completely with any combination or con-
spiracy punishable by the provisions there
OF, repealed said first section OF the act Of
1862. and the law remained I'm this state
until the adoption OF the revised statutes.
For some unexplained reason the revisers
imported the section back again into the
revised statutes as section $50. although it
had not been i'm force for more than two
years. 1t Is probable that the fact OF its re-
peal was overlooked by Congress when the
revision was adopted, and it is TO be hoped
that their attention will be called to it,"
Questions certified by the court below are
answered by this court as follows:
Ii is the opinion OF the court, and it so
decides. that the question whether 5jl2
and jjlj of the Revised Statutes OF the
United States are repugnant TO and in ylo-
lation OF the Constitution OF the United
States should be answered in the negative !;
that the question rs to the validity Of sec
ton $50 OF said Revised Statutes is unne-
cpSSorv IN he decided lnasmlIch ~ the
objection TO the constitution OF the
grand jury under that section was not
passed in due time, and that the remaining
questions-namely, whether the judgment
OF this court could be rendered against the
defendants on an indictment found by the
grand jury empanelled and sworn under
the sections aforesaid. and whether the in
dictment aforesaid charges any OfcnscS for
which judgment could be rendered against
defendants in tins court under the Constitu-
ton and laws Of the United StateS-should
be answered in the affirmative.
OpiniOn bV Justice Rra1lpV