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
County No. 6, 8,000 white people, 28,700 Negroes: “The jury law in this
State makes no discrimination on account of race, color, or previous
condition of servitude, and no man is excluded from the jury on account
of his color.... In some of the counties of the State, the boards of
supervisors select some Negroes for jury service, but the great trouble
is, there are comparatively few Negroes in any county, and none in some
of the counties, who can measure up to the qualifications prescribed by
law.... The criminal element in Mississippi is composed largely of the
Negro race, and as a matter of fact, the persons of that race charged
with crime and the lawyers who defend them, the large majority of whom
are of the white race, do not want Negroes on the jury, and Negroes are
almost invariably challenged. If Negroes chance to be summoned on a
special venire in a capital case with white men, they [the Negroes]
disqualify to avoid service, sometimes by claiming that they are not
registered voters, but generally by claiming that they are opposed to
the death penalty.
“The following incident happened in one of our courts and may help to
shed some light on the subject-matter wanted: A Negro was indicted for
manslaughter. He was too poor to employ counsel to conduct his case, and
it not being a capital case, the court could not appoint counsel for
him, and told him so. He said he would do the best he could without a
lawyer, and the court told him of his rights under the law, that he
could look over the jury, and of his right to challenge four of them if
he was dissatisfied with the panel as it stood. There were four Negroes
on the jury, and he very promptly advised the court that he was not
satisfied; the court told him he had a right to object to four of them,
and he very quickly told the court, ‘Ef dat is so, dem niggers can stand
aside.’ They were excused by the court, and the sheriff was ordered to
complete the panel from the very best citizens to be had, which was
done, the jury being, when complete, all white men. The defendant
addressed the jury in his own defence and was acquitted.
“In my county ... we have had no Negroes on the jury for the past 15
years or more. We have some 30,000 colored population in this
county, ... and we have only about 175 registered in the county. The
board of supervisors, as a rule, does not place their names in the box,
for the reason that, as above stated, they will not serve if any way out
of it can be found.”
County No. 7, 1,000 white people, 4,000 Negroes: “... we have no Negro
jurors in this county at all.”
Public-domain text, read in full here on John Shaqi.
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