strauder west virginia argued decided october error appeals state west virginia facts stated opinion charles devens george davenport plaintiff error robert white west virginia james green contra justice strong delivered opinion plaintiff error colored man indicated murder circuit ohio county west virginia october upon trial convicted sentenced record removed state judgment circuit affirmed present case writ error substance averred trial state defendant plaintiff error denied rights entitled constitution laws circuit state trial indictment commenced defendant presented petition verified oath praying removal cause circuit assigning ground removal virtue laws state west virginia colored man eligible member grand jury serve petit jury state white men eligible reason colored man slave reason believe believe full equal benefit laws proceedings state west virginia security person enjoyed white citizens less chance enforcing courts state rights prosecution citizen probabilities denial citizen every trial might take place indictment courts state much enhanced white man petition denied state cause forced trial motions quash venire law issued unconstitutional null void successive motions challenge array panel new trial arrest judgment made overruled made exceptions parts record law state reference made petition removal several motions enacted march acts follows white male persons years age citizens state shall liable serve jurors except herein provided persons excepted state officials several errors assigned controlling questions underlying first whether constitution laws every citizen right trial indictment jury selected impanelled without discrimination race color race color second right denied enjoyment state indicted may cause case removed circuit observed first questions whether colored man indictment preferred right grand petit jury composed whole part persons race color whether composition selection jurors indicted tried persons race color may excluded law solely race color possibility colored man sit upon jury questions important demand construction recent amendments constitution defendant right jury selected trial case without discrimination persons race color race color right created protected amendments legislation congress fourteenth amendment ordains persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce laws shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws one series constitutional provisions common purpose namely securing race recently emancipated race many generations held slavery civil rights superior race enjoy true spirit meaning amendments said cases wall understood without keeping view history times adopted general objects plainly sought accomplish time incorporated constitution required little knowledge human nature anticipate long regarded inferior subject race suddenly raised rank citizenship looked upon jealousy positive dislike state laws might enacted enforced perpetuate distinctions existed discriminations habitual well known laws making discriminations existed others might well expected colored race race abject ignorant condition unfitted command respect superior intelligence training left mere children needed protection wise government extends unable protect especially needed protection unfriendly action resident view considerations fourteenth amendment framed adopted designed assure colored race enjoyment civil rights law enjoyed white persons give race protection general government enjoyment whenever denied gave citizenship privileges citizenship persons color denied state power withhold equal protection laws authorized congress enforce provisions appropriate legislation quote language used us cases one fail impressed one pervaiding purpose found amendments lying foundation without none suggested mean freedom slave race security firm establishment freedom protection newly made freeman citizen oppressions formerly exercised unlimited dominion existence laws newly emancipated negroes resided discriminated gross injustice hardship class evil remedied fourteenth amendment laws forbidden however conform laws requirements fifth section article amendment congress authorized enforce suitable legislation added doubt much whether action state directed way discrimination negroes class ever held come within purview provision spirit meaning amendment whether means construed liberally carry purposes framers ordains state shall make enforce laws shall abridge privileges immunities citizens evidently referring newly made citizens citizens declared also citizens state reside ordains state shall deprive person life liberty property without due process law deny person within jurisdiction equal protection laws declaring law shall black white persons whether colored white shall stand equal laws regard colored race whose protection amendment primarily designed discrimination shall made law color words amendment true prohibitory contain necessary implication positive immunity right valuable colored race right exemption unfriendly legislation distinctively colored legal discriminations implying inferiority civil society lessening security enjoyment rights others enjoy discriminations steps towards reducing condition subject race west virginia statute respecting statute controlled selection grand petit jury case plaintiff discrimination doubted persons excluded white men colored people constitute majority entire population law enacted excluding white men jury service thus denying privilege participating equally blacks administration justice apprehend one heard claim denial white men equal protection laws law passed excluding naturalized celtic irishmen doubt inconsistency spirit amendment fact colored people singled expressly denied statute right participate administration law jurors color though citizens may respects fully qualified practically brand upon affixed law assertion inferiority stimulant race prejudice impediment securing individuals race equal justice law aims secure others right trial jury guaranteed every citizen west virginia constitution state constitution juries essential part protection mode trial intended secure idea jury body men composed peers equals person whose rights selected summoned determine neighbors fellows associates persons legal status society holds blackstone commentaries says right trial jury country trial peers every englishman grand bulwark liberties secured great charter also guarded statutory enactments intended make impossible bentham called juries well known prejudices often exist particular classes community sway judgment jurors therefore operate cases deny persons classes full enjoyment protection others enjoy prejudice local community held reason change venue framers constitutional amendment must known full well existence prejudice likelihood continue manumitted slaves race knowledge doubtless motive led amendment manumission citizenship colored race became entitled equal protection laws resided apprehension prejudice might denied equal protection might discrimination inducement bestow upon national government power enforce provision state shall deny equal protection laws without apprehended existence prejudice portion amendment unnecessary might left extend equality protection view considerations hard see statute west virginia regarded discriminating colored man put upon trial alleged criminal offence state easy comprehend said every white man entitled trial jury selected persons race color rather selected without discrimination color negro latter equally protected law former protection life liberty race color prejudice right legal right constitutional amendment maintained compelling colored man submit trial life jury drawn panel state expressly excluded every man race color alone however well qualified respects denial equal legal protection say within limits excluded amendment state may prescribe qualifications jurors make discriminations may confine selection males freeholders citizens persons within certain ages persons educational qualifications believe fourteenth amendment ever intended prohibit looking history clear purpose aim discrimination race color said design protect emancipated race strike possible legal discriminations belong quote supra giving construction articles amendments necessary keep main purpose steadily view clearly provision race emergency strong case necessary application called upon affirm deny purposes fourteenth amendment makes attempt enumerate rights designed protect speaks general terms comprehensive possible language prohibitory every prohibition implies existence rights immunities prominent among immunity inequality legal protection either life liberty property state action denies immunity colored man conflict constitution concluding therefore statute west virginia discriminating selection jurors negroes color amounts denial equal protection laws colored man put upon trial alleged offence state remains considered whether power congress enforce provisions fourteenth amendment appropriate legislation sufficient justify enactment sect revised statutes right immunity whether created constitution guaranteed even without express delegation power may protected congress prigg commonwealth pennsylvania pet reese said chief justice immunities created dependent upon constitution protected congress form manner protection may congress legitimate exercise legislative discretion shall provide may varied meet necessities particular right protected express authority protect rights immunities referred fourteenth amendment enforce observance appropriate congressional legislation one efficient appropriate mode extending protection securing party enjoyment right immunity law providing removal case state right denied state law federal upheld ordinary mode protecting rights immunities conferred federal constitution laws sect provision enacts civil suit criminal prosecution commenced state cause whatsoever person denied enforce judicial tribunals state part state prosecution pending right secured law providing equal civil rights citizens persons within jurisdiction suit prosecution may upon petition defendant filed said state time trial final hearing case stating facts verified oath removed trial next circuit held district pending act plainly reference sects statutes partially enumerate rights immunities intended guaranteed constitution first declares persons within jurisdiction shall right every state territory make enforce contracts sue parties give evidence full equal benefit laws proceedings security persons property enjoyed white citizens shall subject like punishment pains penalties taxes licenses exactions every kind act puts form statute substantially ordained constitutional amendment step towards enforcing constitutional provisions sect advanced step fully warranted think fifth section fourteenth amendment heretofore considered affirmed constitutional power congress authorize removal state courts circuit courts trial criminal prosecutions alleged offences laws state defence presents federal question right federal constitution laws involved tennessee davis supra unnecessary repeat said petition plaintiff error filed state trial case made case removal federal circuit sect plain constitutional amendment sect revised statutes entitled immunity discrimination selection jurors color endeavored show set forth sufficient facts exhibit denial immunity denial statute law state error therefore proceeding trial indictment petition filed also overruling challenge array jury refusing quash panel judgment west virginia reversed case remitted instructions reverse judgment circuit ohio county ordered justice field dissent judgment case grounds stated opinion ex parte virginia infra justice clifford concurs