The Journal of Negro History, Volume 6, 1921Various
History
The Journal of Negro History, Volume 6, 1921
Various
African Americans -- Periodicals
As certain States wished to make the government further secure in the
elimination of Negroes from juries, after making the qualifications
for voters unusually rigid so as to exclude persons of African
descent, they easily established the same qualifications for jurors,
to relieve persons of color also from that service. In the case of
_Franklin_ v. _South Carolina_[57] the court held that there was no
discrimination against Negroes because of their race in the selection
of the grand jury made by the laws of South Carolina,[58] giving the
jury commissioner the right to select electors of good moral character
such as they may deem qualified to serve as jurors, being persons of
sound mind and free from all legal exceptions. A motion, therefore, to
quash an indictment against a Negro for disqualification of the grand
jurors who must be electors, because of a change in the State
constitution of South Carolina respecting the qualifications of
electors, did not violate the Act of Congress, June 25, 1868, and,
therefore, did not present to the Supreme Court of the United States a
question of a denial of Federal right where there is nothing in the
record to show that the grand jury as actually impaneled contained any
person who was not qualified as an elector under the earlier State
constitution, which was, according to the allegation, so made up as to
exclude Negroes on account of their color. The Supreme Court of the
United States then took no account of the intent or the spirit of the
law maker as this tribunal had been accustomed to do in cases of
constitutional import and left upon the Negro the burden of performing
the difficult task of showing that he had been discriminated against
on account of his color when the discrimination could be easily
effected without the possibility of his actually producing any
evidence that on the face of itself could convince the court.
SUFFRAGE
As already mentioned above the Negroes during this period were
struggling to retain the right of suffrage and, of course, were
attacking in the courts those restrictions primarily directed toward
the elimination of the Negroes from the electorate. The Supreme Court
of the United States generally shrank from these cases by disclaiming
jurisdiction. In _Ex Parte Siebold_,[59] _Ex Parte Yarborough_,[60]
and _In re Coy_,[61] however, the general jurisdiction of Federal
courts over matters involved in the election of national officers was
affirmed. The court held that it had jurisdiction in the election case
in _Wiley_ v. _Sinkler_,[62] when there was brought an action to
recover damages of an election board for wilfully rejecting a
citizen's vote for a member of the House of Representatives. In
_Swafford_ v. _Templeton_[63] a suit was brought for damages for the
alleged wrongful refusal by the defendants at an election of officers
to permit the plaintiff to vote at a national election for a member of
the House of Representatives. It was held that the court had
jurisdiction.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account