Year: 1879

| ton or the c0mmlCCee OF cOlOEtu
citizens asking him to summon as
jurors all persons entitled to serve,
and whose names may appear upon
the poll books, without discrimina-
ton between white and black men.
The petition was presented in con-
formity with a resolution adopted
by the convention of colored people
held in this city May 10Th, for the
purpose of considering measures for
the amelioration and Improvement of
the condition of the colored race.


Judge Christian, in answer, says
that after calm and deliberate con-


sideration he concurs fully in the
reasons given by his predecessor, the
late Judge Guigon, for refusing the
petition asking that colored persons
accused of crimes be tried by col,
ored jurors. The form and SUBJ
stance of the present petition, how
ever, being different, and the laws
for summoning juries in this
Court having been changed, he
deems it necessary to give some
what different answer. He quotes
from laws prescribing qualifca-
tions of jurors and the manner in
which they shall be summoned, and
says there can be no question that
the State has the right to prescribe
the mode in which jurors shall be
selected and summoned, and trials
conducted in its courts. This he
sustains by numerous citations of
high legal authorities, including
Judges Marshall, Stacy, fancy,
Chase, Waite. and all Judges and
text-writers who are worth quoting,
both before and since the adoption
of the recent amendments to the
Federal Constitution, and claims that
the State of Virginia, having exclu-
sive right to do so, has, through its
Legislature, conferred on him the duty
of furnishing the list from which
iuries in his court shall be taken.
He recognizes the equality of the
colored people before the law and
that they are liable to serve on
juries and says he will summon them
for such service when he deems it
best for the proper enforcement Of
the laws of the commonwealth. The
only principle which has governed
or will hereafter govern him in the
discharge of his duty of selecting
Jurors is that which will enable him
to comply with the law and at the
same time secure the best material
for its proper enforcement. On
this point he says: " When l find
that [ can best do this by selecting
colored juries will do so, but not
till then. If 1 were disposed to do
so it would be simply impossible for
me to select all the persons entitled
to serve. and whose names appear
on the poll books as prayed for in
the petition and at the same
time comply with the
law which says [ must
select only such as I think will
qualify as jurors. There are hun
dreds in this city, both white and
colored, of whom [ have no opinion
one way or the other; persons
whom | never can, never will select,
knowing nothing of their qualifca-
tions. If 1 were to select some
colOred jurors now, with hundreds
of more intelligent white persons
liable to jury duty that I know of
to select from, such selection would
be made simply because they were
colored, and as was we'll said by my
predecessor, 81 would then be ap-
plying a test of qualifications cons
demned by the spirit, at least, of
the Fourteenth Constitutional
Amendment and Civil Rights
bill. Nothing that I have
said or done or can say or do is
needed. No additional legislation
is necessary to render colored citi.
zens more liable under law than
they now are to jury duty. Edu-
cation, elevation of character and
legal qualifications are the only
things thai 1 know of necessary to
render persons liable to such duty
in this court, and my experience
has taught me that the first two
prerequisites are not attained by
admittance to the jury box, but
must be had beforehand. No one
appreciates the colored people of
this community more highly than [
do, or sympathizes more deeply with
them in any grievance that they
may labor under. l was reared in
their midst and hope to die with
the same surroundings, but
l do not understand from |
their petition that they have
been aggrieVed by anything [ have
done, except l have not compelled
them to bear one of the burdens to
which the law has made them
liable.


In conclusion, Judge Christian
says, Gas before stated, I have in
part selected the best material I !