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. 8, 8,000 white people, 12,000 Negroes: “There are only 400
white qualified electors in this county, only about 30 qualified Negro
electors. We never have a term of court without having several Negroes
on it, besides we always have Negroes on the trial juries. It is not
often that they sit on a case unless a Negro lawyer has one side of it.
They do not believe in convicting one of their color. They are
objectionable in every sense of the word. They are not regarded by the
other members of the jury. Negro jurors are on the increase in recent
years....”
County No. 9, 4,000 white people, 12,000 Negroes: “No Negroes have
served on jury in this county since Republican party.”
_Missouri._—County No. 1, 24,000 white people, 4,500 Negroes: “... As
far as I am informed, and certainly since I have been connected with the
court here, no Negroes have served as jurors either in our court or in
any justice of the peace court in this county. While probably under our
laws Negroes would be legal jurors, the county court of this county will
not draw them as jurors, and the Sheriff, when he has to get jurors,
will not summon them. And I do not believe our lawyers here would permit
a Negro to remain on a jury before which they would have to try a case.
Further, I am sure that no white man here would serve on a jury with a
Negro, even though his refusal to so serve would subject him to a jail
sentence....”
County No. 2, 21,000 white people, 4,000 Negroes: “... we have never
known of a Negro juror in ... county.”
County No. 3, 28,000 white people, 4,700 Negroes: “Negroes never have
this burden heaped upon them in this State.”
County No. 4, 540,000 white people, 35,500 Negroes: “We do not have many
Negro jurors. I have occupied this post but six months, and in that time
we have had but two Negroes called for service. Our jury canvass is made
biennially. All names placed in the wheel are taken just as drawn from
the same on orders from the various divisions of court. A few of the
more intelligent Negroes are placed on the jury list. I made inquiry
when two Negroes served on a jury last week. The other jurors did not
seem to feel any antipathy. Of course, a little surprise was manifested
at seeing them in court when their names were called. Neither the
attorneys for the plaintiff nor [for] the defence challenged them but
accepted them on the jury. My predecessors never placed many of the
Negroes’ names in the wheel as I understand from them.” This letter was
from the jury commissioner, not the clerk of the court.
Public-domain text, read in full here on John Shaqi.
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