Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
In Arkansas,[629] in 1867, a law granting certain rights to Negroes had
the following provision: “That nothing herein contained shall be
construed to repeal or modify any statute or common law usage of this
State respecting ... service on juries.” Though nothing is said of it,
one may infer that this meant that Negroes were not to sit on juries. A
Louisiana[630] law of 1880 states that, in the selection of jurors,
“there shall be no distinction made on account of race, color, or
previous condition.” This State at the time was in the hands of the
Reconstructionists. Mississippi,[631] in 1867, provided that freedmen
should not be competent to serve as petit or grand jurors. A law of
Tennessee[632] of 1866, giving Negroes the right to testify, had the
provision that it should not be construed to give colored persons the
right to sit on juries in that State. The same year, a law[633]
repealing certain other acts had the provision that nothing in the act
should be construed to admit persons of color to serve on the jury. But
in 1868, the Negroes of Tennessee[634] were given full rights in this
respect. This appears to be all of the legislation as to Negro jurors in
the South between 1865 and the present.
That the statute of 1875 prohibiting the exclusion of persons from jury
service on account of race, color, or previous condition of servitude is
constitutional, has been decided in a series of cases before the Supreme
Court of the United States.[635] The mere fact that no Negroes are on a
certain jury does not indicate that the Fourteenth Amendment, under
which all these jury cases arise, has been violated; it must be shown
that the Negroes were kept off the jury consciously by State officials
because of their race, color, or previous condition.[636] The Fourteenth
Amendment is violated, however, when the officers of the State keep
Negroes off the juries for these causes. The Supreme Court[637] of the
United States said in 1899: “Whenever by an action of a State, whether
through its legislature, through its courts, or through its executive or
administrative officers, all persons of the African race are excluded,
solely because of their race or color, from serving as grand jurors in
the criminal prosecution of a person of the African race, the equal
protection of the laws is denied to him contrary to the Fourteenth
Amendment to the Constitution of the United States.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account