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
The latest case of race distinction in juries comes from Oklahoma. There
were four Negroes on a jury, and for that reason the judge discharged
the jury. He said that the State had separate cars, separate schools,
and separate tables for Negroes and whites, and “he would not insult
white men by making them serve on a jury with Negroes.” The case is so
recent as to be reported, as yet, only in the newspapers.[646]
The constitutional right of the Negro to serve on a jury or to be tried
before a jury composed, in whole or in part, of Negroes, is well
expressed in a recent Texas case[647] as follows: “It is not a question
as to the right of a Negro, or any number of Negroes, to sit on a grand
jury, that the Fourteenth Amendment to the Constitution of the United
State was intended to provide for; but it was intended, where a Negro
was on trial, to prevent discrimination against the Negro race in the
formation of the grand jury, which presented the indictment, and only in
case Negroes are intentionally excluded from the grand jury is he denied
the equal protection of the laws. It was never intended by the
Fourteenth Amendment to guaranty a Negro defendant a full Negro grand
jury, or to guaranty to him any particular number of grand jurors, but
it was intended to prevent intentional exclusion from the grand jury.”
_Actual Jury Service by Negroes in South_
In treating the Negro as a juror, the writer departed from the habit of
confining his discussion to the race distinctions manifested in statutes
and judicial reports. As he went through the statutes and reports, these
questions arose in his mind: Do Negroes actually serve on the juries in
those communities where they are numerous? If so, what satisfaction have
they given? In order to obtain answers to these questions, he sent out
letters to the clerks of court in every county in the Southern States in
which Negroes constituted one-half or more of the population in 1900.
Over three hundred letters were sent out containing the following
inquiry: “I wish to know to what extent Negroes actually serve on
juries, how Negro jurors are regarded by the court and the people at
large, whether the number of colored jurors has increased or decreased
in late years, what has been the experience of your county as to the
satisfaction of colored jurors?” Of course, as many replies were not
received; but the replies that were received indicate the extent of
Negro jury service in the Southern States. These replies will be quoted
from freely in each case, the State and the number of Negroes and white
people in the particular county will be given, but not the name of the
county.
Public-domain text, read in full here on John Shaqi.
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