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
_Tennessee._—No information about Negro jury service in Tennessee has
been obtainable.
_Texas._—County No. 1, 6,300 white people, 7,800 Negroes: “... As to
Negro jurors ... as a rule, in the County Court about one-tenth are
Negroes, and they are rarely ever discriminated against. I do not recall
a case where they have been rejected on account of race or color by
white men. As a rule, they are not so acceptable to Negro litigants as
they are to those of the other races. There are a larger per cent. of
Negroes in the district court, and there is rarely any criticism. In
fact, no prejudice exists here against them as jurors, largely from the
fact that only our best Negro citizens are drawn on the juries.... I
think the per cent. of Negro jurors has increased. They are simply
accepted or struck off as any other citizen. I believe more are accepted
by white than colored litigants. They have served on some of our very
important cases....”
County No. 2, 14,000 white people, 9,000 Negroes: “We haven’t had any
Negroes on the jury in ... county for several years. They used to have a
few on the jury several years ago, so I have been informed, but none in
the last few years.”
County No. 3, 21,000 white people, 16,000 Negroes: “We do not use Negro
jurors in our State or county courts at all.”
County No. 4, 7,000 white people, 8,000 Negroes: “... It has been the
rule of ... county to have Negroes on the grand and petit juries. They
have given satisfaction. The colored jurors are represented by about 25
per cent. of the jurors.”
The cases quoted from in the earlier part of this chapter show even
better than these letters the attitude of Texas toward Negro jurors.
_Virginia._—County No. 1, 6,700 white people, 8,500 Negroes: “No Negro
juror in this court for ten years, and I don’t think that there will
ever be....”
County No. 2, 3,900 white people, 5,500 Negroes: “... from
reconstruction days up to ten or twelve years ago a few Negroes served
on the jury of this county. My impression is ... that they made very
little impression in the jury, and they were completely dominated by
white men in said bodies, who were, of course, greatly in the majority.
At this time no Negro jurors are drawn at all.”
County No. 3, 3,000 white people, 6,000 Negroes: “... there are no
Negroes on our jury list. On several occasions when we had to make up a
jury we have put a few on. The impression is here that it does not do to
mix the races even in the jury-box.”
County No. 4, 17,900 white people, 19,200 Negroes: “Negroes under our
Constitution are not debarred from serving as jurors in Virginia, but
owing to the nature and disposition of the Negro to follow and not lead,
we seldom place them on trial juries. The number of colored jurors has
decreased in the last ten years.”
Public-domain text, read in full here on John Shaqi.
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