Charles Sumner: his complete works, volume 13 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 13 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
January 7, 1867, the bill passed the Senate over the veto of
President Johnson, by a two-thirds vote,--Yeas 29, Nays 10.
On the next day it passed the other House by a two-thirds
vote,--Yeas 113, Nays 38. And so it became a law, and also a
model for similar legislation in the reconstruction of the
Rebel States.
IMPARTIAL JURORS FOR COLORED PERSONS.
BILL IN THE SENATE, DECEMBER 4, 1865.
A Bill to preserve the right of trial by jury, by securing
impartial jurors in the Courts of the United States.
_Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled_, That in the courts
of the United States in any State, whereof, according to the census
Anno Domini eighteen hundred and sixty, one sixth part or more of the
population was of African descent, every grand jury shall consist
one half of persons of African descent who shall possess the other
qualifications now required by law; and when the matter to be tried
relates to any injury inflicted by a person of African descent upon a
person not of such descent, or _vice versa_, or to any claim, suit, or
demand between a person of such descent and one not of such descent,
every petit jury shall consist one half of persons of African descent
possessing the other qualifications now required by law. Upon any
such trial, prejudice against persons of African descent, or against
persons not of such descent, shall be ground of challenge, and, being
established by proof, to the satisfaction of the judge, shall exclude
the juror. And upon any such trial, inability to read or write shall
be ground of challenge, and, the fact being found by the judge, shall
exclude the juror.
This bill was read, passed to a second reading, and ordered to
be printed.
December 13th, it was read a second time, and, on motion of Mr.
Sumner, referred to the Committee on the Judiciary.
Towards the end of the session, July 7, 1866, it was reported
adversely by Mr. Trumbull, and, on his motion, indefinitely
postponed.
* * * * *
This effort to secure recognition of colored persons on juries
was suggested by the ancient jury _de Medietate Linguæ_, first
given by the statute of 28th Edward III., cap. 13, and used in
cases where one party was a foreigner and the other a denizen.
There were other cases where an analogous jury was impanelled,
as in a criminal trial in the University courts, where the
jury was half freeholders of the county, and half matriculated
laymen of the University.[3]
OATH TO MAINTAIN A REPUBLICAN FORM OF GOVERNMENT IN THE REBEL STATES.
BILL IN THE SENATE, DECEMBER 4, 1865.
A Bill prescribing an oath to maintain a Republican form of
Government in the Rebel States.
Public-domain text, read in full here on John Shaqi.
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