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
_Summary_: With such incomplete statistics, conclusions as to the actual
service of the Negro as a juror can hardly be more than guesses. Some of
the clerks of court say that the number of Negro jurors in their
counties is increasing; others, that it is decreasing. Some say that
race does not come into the consideration of fitness for jury service;
others, that Negroes are not allowed on juries at all. Some say that
Negro jurors have given satisfaction; others, that they have been
scarcely more than figureheads following the lead of white jurors.
Several of the clerks think that Negro litigants are reluctant to have
Negro jurors sit on their cases. Some feel that Negro jurors are more
prone to convict than white jurors are. It is undoubtedly true that
there are not as many Negroes qualified for jury service under the laws
of the Southern States as there were twenty-five years ago, say. Usually
one must be an elector to be qualified for jury service. The great
majority of the Negroes have been unable to satisfy the suffrage tests
and have been disfranchised. They are, consequently, not electors and
not eligible to serve as jurors. Hence, if the selection of jurors is
conducted with absolute impartiality, there will be comparatively few
Negroes retained.
SEPARATE COURTS
South Carolina appears to be the only State which has ever provided a
separate court for the trial of cases in which Negroes have interests at
issue. That was called the District Court, provided for by a
statute[648] approved December 19, 1865, which statute was repealed
September 21, 1866; so the law was in force less than a year. The
seventh section of the act of forty-nine sections is: “The District
Court shall have exclusive jurisdiction, subject to appeal, of all civil
cases where one or both of the parties are persons of color, and of all
criminal cases wherein the accused is a person of color, and also of all
cases of misdemeanor affecting the person or property of a person of
color, and of all cases of bastardy, and of all cases of vagrancy, not
tried before a Magistrate....” The Magistrate was given jurisdiction
over small disputes, controversies and complaints that arose in his
neighborhood between persons of color, or between persons of color and
white persons, and of petty misdemeanors committed by or toward persons
of color, between master and servant, between master and apprentice, and
between employer and laborer, and civil suits involving not over twenty
dollars in which a person of color was a party. An indictment of a white
person for the homicide of a person of color had to be tried in the
regular superior court; and so had all other indictments in which a
white person was accused of a capital felony affecting the person or
property of a person of color. In these forty-nine sections the
jurisdiction of this special court for persons of color is worked out in
detail; but inasmuch as the law was in force less than a year and was
Public-domain text, read in full here on John Shaqi.
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