The Journal of Negro History, Volume 6, 1921 — John Shaqi
The Journal of Negro History, Volume 6, 1921Various
History
The Journal of Negro History, Volume 6, 1921
Various
African Americans -- Periodicals
In several decisions the court had held that the purpose of the
Thirteenth and Fourteenth Amendments was to raise the Negro race from
that condition of inferiority and servitude in which most of them had
previously stood, into perfect equality of civil rights with all other
persons within the jurisdiction of the United States. In _Strauder_ v.
_West Virginia_,[14] and _Neal_ v. _Delaware_,[15] the court had taken
the position that exemption from race discrimination is a right of a
citizen of the United States. Negroes charged that members of their
race had been excluded from a jury because of their color. The court
was then of the opinion that such action contravened the Constitution
and, as was held in the case of _Prigg_ v. _Pennsylvania_, declared
it essential to the national supremacy that the agent of the body
politic should have the power to enforce and protect any right granted
by the Constitution.
In _Ex Parte Virginia_ the position was the same. In this case one
Cole, a county judge, was charged by the laws of Virginia with the
duty of selecting grand and petit jurors. The laws of that State did
not permit him in the performance of that duty to make any distinction
as to race. He was indicted in a Federal court under the act of 1875,
for making such discriminations. The attorney-general of Virginia
contended that the State had done its duty, and had not authorized or
directed that county judge to do what he was charged with having done;
that the State had not denied to the Negro race the equal protection
of the laws; and that consequently the act of Cole must be deemed his
individual act, in contravention of the will of the State. Plausible
as this argument was, it failed to convince the court; and after
emphasizing the fact that the Fourteenth Amendment had reference to
the acts of the political body denominated a State, "by whatever
instruments or in whatever modes that action may be taken" and that a
State acts by its legislative, executive and judicial authorities, and
can act in no other way, it said:
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