A Bill to preserve the right of trial by jury, by securing impartial jurors in the Courts of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the courts of the United States in any State, whereof, according to the census Anno Domini eighteen hundred and sixty, one sixth part or more of the population was of African descent, every grand jury shall consist one half of persons of African descent who shall possess the other qualifications now required by law; and when the matter to be tried relates to any injury inflicted by a person of African descent upon a person not of such descent, or vice versa, or to any claim, suit, or demand between a person of such descent and one not of such descent, every petit jury shall consist one half of persons of African descent possessing the other qualifications now required by law. Upon any such trial, prejudice against persons of African descent, or against persons not of such descent, shall be ground of challenge, and, being established by proof, to the satisfaction of the judge, shall exclude the juror. And upon any such trial, inability to read or write shall be ground of challenge, and, the fact being found by the judge, shall exclude the juror.
This bill was read, passed to a second reading, and ordered to be printed.
December 13th, it was read a second time, and, on motion of Mr. Sumner, referred to the Committee on the Judiciary.
Towards the end of the session, July 7, 1866, it was reported adversely by Mr. Trumbull, and, on his motion, indefinitely postponed.
This effort to secure recognition of colored persons on juries was suggested by the ancient jury de Medietate Linguæ, first given by the statute of 28th Edward III., cap. 13, and used in cases where one party was a foreigner and the other a denizen. There were other cases where an analogous jury was impanelled, as in a criminal trial in the University courts, where the jury was half freeholders of the county, and half matriculated laymen of the University.[3]