neal state delaware argued decided may oyer terminer state delaware sitting new castle county may term state delaware william neal rape certified general sessions said county honorable oyer terminer state delaware sitting new castle county petition william neal respectfully represents petitioner defendant indictment crime rape alleged committed one margaret gosser said indictment found general sessions peace jail delivery said county grand inquest said county eleventh day may instant since duly certified oyer terminer said county petitioner citizen state delaware african race descent black color statutes state persons qualified vote general election liable serve jurors except public officers said state counsellors attorneys law ordained ministers gospel officers colleges teachers public schools practicing physicians surgeons regularly licensed cashiers incorporated banks persons seventy years age constitution state right elector enjoyed male citizens age years also free white persons enjoyed virtue provisions constitution persons otherwise qualified white persons levy new castle county required law state annual session march select list taxable citizens county names one hundred sober judicious persons serve summoned grand jurors several courts holden year also names one hundred fifty sober judicious persons serve summoned petit jurors said courts said levy said county annual session march last selecting persons serve grand jurors petit jurors aforesaid summoned courts aforesaid including general sessions oyer terminer aforesaid selected persons color african race serve jurors aforesaid contrary thereof exclude colored persons persons african race race color selected aforesaid serve drawn jurors aforesaid prothonotary clerk peace said county drew lists selected aforesaid serve grand jurors grand jurors said indictment petitioner found also drew list selected aforesaid serve petit jurors petit jurors petitioner tried life said indictment grand jury aforesaid said petit jury persons otherwise qualified law serve jurors aforesaid persons color african race excluded aforesaid race color serving thereon jurors said grand petit juries drawn composed exclusively white persons fact persons color african race though otherwise qualified always said county state excluded serving juries race color reason exclusion aforesaid said grand petit juries said courts persons color african race race color though otherwise qualified serve jurors petitioner finding said indictment trial thereof denied equal protection laws full equal benefit laws proceedings state delaware security person trial said indictment enjoyed white persons reason exclusion aforesaid persons color african race said grand petit juries said courts reason constitution laws delaware respect qualifications jurors excluding said grand petit jury colored persons african race petitioner denied enforce judicial tribunals state right secured law providing equal civil rights citizens wit rights fourteenth article amendments constitution equal protection laws right said amendment acts congress enforcement thereof trial said indictment life jury state delaware excluded persons race color race color petitioner therefore prays honorable said indictment prosecution removed circuit district delaware trial next ensuing term said circuit petitioner ever pray mark neal subscribed said william neal thirteenth day may john springer delaware castle county ss fourteenth day may john springer clerk peace oyer terminer general sessions peace jail delivery new castle county personally appeared william neal first solemnly sworn according law says facts set forth foregoing petition signed making mark thereunto presence true best knowledge belief william mark neal subscribed witness hand seal oyer terminer day year aforesaid springer opinion defendant entitled case removed circuit law state delaware forbidding levy select persons african race color jurors account race color judgment levy persons otherwise qualified serve jurors appear grand petit jury though composed solely white men made names colored men selected jury service ground race color defendant shown denied right secured citizen selection panels levy prayer petitioner refused certify indictment prosecution circuit compelled proceed trial oyer terminer ruling defendant excepted thereupon defendant arraigned moved quash indictment list panel grand jurors found upon following grounds levy selecting persons serve grand jurors petit jurors summoned general sessions oyer terminer selected persons color african race serve jurors contrary excluded colored persons persons african race race color selected serve drawn jurors prothonotary clerk peace county drew lists selected serve grand jurors grand jurors indictment defendant found also drew list selected serve petit jurors petit jurors defendant tried life indictment grand petit jury persons qualified law serve jurors persons color african race excluded race color serving thereon jurors grand petit jurors drawn composed exclusively white persons fact persons color african race though otherwise qualified always county state excluded serving upon juries race color reason exclusion grand petit juries persons color african race race color though otherwise qualified serve jurors defendant finding indictment trial thereof denied equal protection laws full equal benefit laws proceedings state delaware security person enjoyed white persons agreed behalf state defendant counsel consent statement allegations defendant petition removal indictment prosecution trial circuit verification oath taken treated given force effect consideration decision motions quash indictment lists panels grand petit jurors statements allegations made verified separate distinct affidavit thereupon overruled refused grant motion defendant quash indictment lists panels grand jurors petit jurors although fact persons african race color upon either panel evidence produced offered prove statements allegations petition affidavit thereto upon motion quash founded exclusion levy grand petit juries persons african race color race color accept fact exclusion race color established circumstance persons african race color fact lists panels grand jurors petit jurors mere unaided affidavit proven affirmatively part competent testimony outside affidavit motion granted ruling defendant excepted thereupon defendant arraigned indictment pleaded thereto motion defendant quash indictment lists panels grand jurors petit jurors alleged exclusion levy new castle county lists panels grand jurors petit jurors persons african race color race color overruled defendant offered evidence witnesses prove statements allegations affidavit levy excluded lists panels grand jurors petit jurors persons african race color race color wit day may moved permitted produce witnesses support motion quash indictment lists panels grand jurors petit jurors support allegations statements petition affidavit motion founded commissioners clerk bailiff levy issue clerk subpoenas persons witnesses testify aforesaid overruled motion refused cause subpoenas issued witnesses permit defendant produce go proof statements allegations petition affidavit motion quash founded ground full time produce witnesses existed motions heard application leave summon witnesses support motion argued refused want proof sufficient time existed production without precedent oyer terminer state therefore motion must treated coming late granted ruling defendant excepted prisoner arraigned pleaded guilty jury tried issue returned verdict guilty whereupon may sentenced suffer death hanging thereupon sued writ error sect art constitution delaware declares elections governor senators representatives sheriffs coroners shall held tuesday next first monday month november year held ballot elections every free white male citizen age years upwards resided state one year next election last month thereof county offers vote within two years next election paid county tax shall assessed least six months election shall enjoy right elector every free white male citizen age years age years resided aforesaid shall entitled vote without payment tax provided person military naval marine service shall considered acquiring residence state stationed garrison barrack military naval place station within state idiot insane person pauper person convicted crime deemed law felony shall enjoy right elector legislature may impose forfeiture right suffrage punishment crime chapter revised statutes state contains jury law follows persons qualified vote general election shall liable serve jurors except public officers state counsellors attorneys law ordained ministers gospel officers colleges teachers public schools practicing physicians surgeons regularly licensed cashiers incorporated banks persons seventy years age levy county shall annual session march select list taxable citizens county proportion hundred may deemed proper names one hundred sober judicious persons serve summoned grand jurors several courts holden year also names one hundred fifty sober judicious persons serve summoned petit jurors several courts courts quarter sessions holden year also names one hundred twenty sober judicious persons serve summoned jurors quarter sessions holden year shall provided hundred three boxes one shall marked labelled jurors another jurors sessions jurors names hundred name persons selected aforesaid shall written separate ballot ballots color size shape ballots shall folded conceal names written upon containing names persons selected grand jurors shall deposited boxes marked jurors names selected hundred placed box hundred like manner names persons selected petit jurors shall deposited boxes marked jurors names selected hundred placed box hundred like manner names persons selected session jurors shall deposited boxes marked sessions jurors names selected hundred placed box hundred boxes shall locked delivered prothonotary keys shall kept clerk peace levy shall preserve lists persons selected jurors shall deliver said prothonotary boxes aforesaid copies said lists signed chairman said countersigned clerk thereof showing number selected hundred prothonotary clerk peace shall within ten days delivery said boxes prothonotary provided meet prothonotary office first shaking boxes intermix ballots shall presence persons may choose present draw box marked jurors proportion hundred selected levy names persons summoned grand jurors year prothonotary clerk peace shall least twenty days commencement term superior general sessions county like manner draw boxes marked jurors proportions hundred selected levy names thirty persons serve petit jurors ensuing term said courts officers drawing grand petit jurors aforesaid shall immediately thereafter deliver sheriff county correct list names persons drawn date drawing indorsed thereon said boxes shall immediately drawing jurors locked kept prothonotary keys delivered custody clerk peace sheriff county upon receiving list persons drawn grand jurors aforesaid shall least ten days next ensuing term general sessions county summon writing said persons serve standing grand jurors year said shall like manner upon receiving list persons drawn petit jurors aforesaid least ten days next ensuing term superior general sessions summon writing said persons serve petit jurors next term said courts respectively sheriff shall within one hour opening said courts respectively first day every term return said courts separate distinct panel persons summoned attend thereat grand petit jurors showing christian surnames places abode jurors grand jurors year drawn aforesaid shall summoned returned attend grand jurors oyer terminer precept holding directs grand jury summoned oyer terminer petit jurors shall upon notice sheriff prothonotary clerk peace held drawn summoned returned according foregoing provisions drawing summoning returning petit jurors superior general sessions provided day assigned holding oyer terminer shall time petit jury attendance upon superior general sessions jury shall constitute part panel petit jurors summoned attend said oyer terminer residue said number jurors shall drawn according foregoing provisions charles devens anthony higgins plaintiff error prosecution man african race color constitution law state excludes grand petit jury persons race color exclusion operates denial equal protection laws forbidden fourteenth amendment revised statutes prosecution thereby brought within provisions statutes authorize removal circuit strauder west virginia virginia rives id ex parte virginia id statute constitution delaware must taken construed together judicially determining qualifications jurors state plain argument express letter constitutional statutory provisions persons color possess elective franchise excluded jury service said however fourteenth amendment civil rights act fifteenth amendment acts congress passed enforce provisions striking word argument defendant error upon point rests upon assumed identity sovereignty several ignores fundamental truth separate sovereign expresses legislative body neither federal constitution laws enacted pursuance repugnant state constitutions laws repeal effected power created delaware far striking word constitution voted adoption fourteenth fifteenth amendments never altered constitution conform legislature revised statutes act republished desired carry effect amendments simple provision conferred colored persons right sit juries vote delaware results obedience election officers mandate fifteenth amendment permitted testify courts acknowledge validity paramount authority civil rights act amendment upon based legislature indicated acquiescence amendments laws made enforce upon ground impediment full protection laws exists force express statute petition removal founded conceded fact colored man never placed jury list delaware answer demand right say permitted testify vote held case west virginia strauder removed sect revised statutes statute state excluding colored persons juries repugnant constitution laws decision point relevancy weakened fact constitution statutes delaware force statute west virginia passed adoption fourteenth fifteenth amendments civil rights acts including sect removal causes statute west virginia unconstitutional never rule conduct people greater extent adoption amendments acts congress laws delaware conflict therewith rules conduct people law delaware west virginia equally subject objection point time either enacted affect question long constitution laws state denying equal civil rights persons citizens remain unrepealed state constitute denial legislative impediment rights sect revised statutes speaks makes important ground removal justice field separate opinion virginia rives says denial rights inability enforce section refers opinion arises legislative action state executive judicial officer exercises power invested law unauthorized acts state responsible action judicial officer case rights citizen laws disregarded may reviewed corrected reversed imputed state make evidence sovereign legislative capacity denies rights invaded refuses allow enforcement doctrine submit fully sustains position assume necessarily follows right prisoner removal prosecution petition alleges necessary jurisdictional facts contingent upon decision state may render depends state ordained constitution laws jurisdiction ousted filing petition federal attaches oyer terminer motion prisoner quashed indictment panels grand jurors petit jurors ground levy new castle county excluded persons african race color race color motion refused produced evidence aliunde support allegations petition verified oath matters set forth petition consent received like effect support motion incorporated separate affidavit state law executed according letter narrow proscribing spirit distinct uncontradicted allegation petition levy excluded jury colored men solely reason race color permitted prisoner produce proof support allegations motion quash grounded even argued overruled george gray delaware contra truth sufficiency matters set forth prisoner petition removal must determined original jurisdiction subject ultimate revisory power bring case within provisions sect revised statutes one allegations petition colored persons excluded grand petit juries constitution statutes delaware line either excludes allegation one fact absolutely unfounded one law sustained constitution adopted right voting confined white male citizens jury law declares persons qualified vote shall certain specified exceptions liable serve juries counsel insist restriction upon right suffrage removed mode prescribed constitution delaware jury law must construed exclusive reference condition things existed time passage contention persons african descent voters competent jurors law prospective effect scope seem drawn view possibilities future true construction persons entitled vote grand petit jury selected liable serve upon colored persons entitled jurors selected case one answer question thirteenth fifteenth amendments part law land every provision state constitution conflict null void changed status slave freeman effectually secured colored citizens delaware right suffrage constitution express terms conferred well sect art existing constitution dead letter right vote liable serve jurors effect decision learned fact vote admitted counsel prisoner strauder west virginia upon rely application case state law consideration passed adoption amendments constitutionality maintained state right removal depend solely upon allegations petition falsity appears without evidence aliunde relate public law institution facts judicial cognizance always taken misstated must governed knowledge say alleged fact really fact action refusing order removal cause obviously proper maintained side quashed indictment panels grand petit jurors ground levy excluded persons african race color race color motion refused accused produced evidence aliunde support petition verified oath sufficient say granting motion unsupported allegation facts possibly within knowledge moreover imputed persons constituting levy commission grave offenses law reverse rules evidence overturn orderly procedure courts justice contradict settled maxims ordinary human experience properly denied subsequent application allowed produce witnesses commissioners clerk bailiff levy support allegations upon overruled motion founded prayer rehearing presented shown motion decided due diligence used procure attendance process times availed held application leave summon witnesses support motion argued refused want proof sufficient time existed production without precedent oyer terminer state therefore case motion must treated coming late granted motion rehearing form favorable view considered granting rested discretion action upon subject review appellate tribunal refusing grant rehearing motion new trial assigned error even case removed inferior examination judgments state courts limited particular class cases determination federal questions involve exercising jurisdiction cases habitually adhered construction given local statute unless question involved believed first attempt reverse judgment state upon ruling conforms established practice relation principle federal jurisprudence justice harlan stating case delivered opinion assignments error numerous embraced general proposition erred well proceeding case petition removal filed denying motions quash indictment panels jurors first question attention directed relates assertion accused right removal sect revised statutes section declares civil suit criminal prosecution commenced state cause whatsoever person denied enforce judicial tribunals state part state suit prosecution pending right secured law providing equal civil rights citizens suit prosecution may upon petition defendant filed said state time trial final hearing cause stating facts verified oath removed trial next circuit held district pending upon filing petition proceedings state shall cease strauder west virginia virginia rives id ex parte virginia id section subject careful examination connection sect 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 persons shall subject like pains penalties taxes licenses exactions every kind also considered validity scope act march among things declares citizen possessing qualifications may prescribed law shall disqualified service grand petit jurors state account race color previous condition servitude pt cases ruled statutory enactments constitutional exertions power pass appropriate legislation enforcement provisions fourteenth amendment designed primarily held secure colored race thereby invested rights privileges responsibilities citizenship enjoyment civil rights law enjoyed white persons state consistently purposes amendment adopted may confine selection jurors males freeholders citizens persons within certain ages persons educational qualifications denial citizens african race color right privilege accorded white citizens participating jurors administration justice discrimination former inconsistent amendment within power congress appropriate legislation prevent compel colored man submit trial jury drawn panel excluded color every man race however well qualified education character discharge functions jurors denial equal protection laws exclusion black race juries color less forbidden law exclusion juries blacks majority white race color also ruled cases cited constitutional amendment broader provisions sect revised statutes since section authorized removal trial embrace case right denied judicial action trial sentence mode executing sentence denials arising judicial action trial commenced remedy lay revisory power higher courts state ultimately power review may exercise judgments whenever rights privileges immunities secured constitution laws withheld violated denial inability enforce judicial tribunals rights secured law providing equal civil rights citizens sect refers primarily exclusively denial rights inability enforce resulting constitution laws state rather denial first made manifest trial case held congress authorized removal jury commissioners subordinate officers without authority derived constitution laws state excluded colored citizens juries race essential question therefore whether time petition removal filed citizens african race otherwise qualified reason constitution laws delaware excluded service juries color judges concurring held exclusion required authorized constitution laws state consequently case embraced removal statute construed correctness position considered constitution delaware adopted words upon subject suffrage changed petition removal filed since restricts right suffrage general elections free white male citizens age years upwards resided state one year next election last month thereof county offers vote within two years next election paid county tax shall assessed least six months election prerequisite payment tax dispensed case free white male citizens years age prescribed residence state county persons excluded constitution suffrage military naval marine service stationed delaware idiots insane persons paupers convicted felonies statute delaware adopted force trial case provides annual selection levy county persons serve grand petit jurors selected prothonotary clerk peace required draw names shall serve year summoned provides qualified vote general election judicious persons shall liable serve jurors except public officers state counsellors attorneys law ordained ministers gospel officers colleges teachers public schools practicing physicians surgeons regularly licensed cashiers incorporated banks persons seventy years age thus seen statute reference constitutional qualifications voters apparently restricts selection jurors white male citizens voters sober judicious persons although declares citizens shall liable serve jurors settled construction state prior adoption fifteenth amendment citizen african race competent law serve jury argument behalf accused since statute adopted standard voters standard jurors since delaware never separate official action changed language constitution reference class may exercise elective franchise state regarded sense amendment laws enacted enforcement denying colored race within limits day right upon equal terms white race participate jurors administration justice notwithstanding adoption fifteenth amendment admitted legal effect upon constitutions laws union argument urged state replied state although state never convention popular vote formally abrogated provision state constitution restricting suffrage white citizens result necessarily followed matter law incorporation fourteenth fifteenth amendments fundamental law nation since adoption latter amendment neither legislative executive judicial authorities state mode recognized existing part constitution provision words discriminates citizens african race matter suffrage consequently statute prescribing qualification jurors reference qualifications voters construed referring state constitution modified affected fifteenth amendment question thus presented highest moment race security whose rights life liberty property equal protection laws primary object recent amendments national constitution solution confessedly attended many difficulties serious nature might avoided explicit language statutes passed enforcement amendments much left legislative department mere judicial construction upon fullest consideration able give subject conclusion alleged discrimination state delaware citizens african race matter service juries result constitution laws beyond question adoption fifteenth amendment effect law remove state constitution render inoperative provision restricts right suffrage white race thenceforward statute prescribed qualifications jurors enlarged operation embrace state constitution modified law land qualified vote general election presumption indulged first instance state recognizes plain duty amendment federal constitution time adoption binding citizens every department government enforced within limits without reference inconsistent provisions constitution statutes case presumption strengthened indeed becomes conclusive direct adjudication state fundamental law delaware entire absence statutory enactments adjudication since adoption fifteenth amendment indicating state constituted authorities recognize fullest legal sense binding force amendment effect modifying state constitution upon subject suffrage abundantly appears separate opinions case judges composing oyer terminer comegys alluding fifteenth amendment act march said laws forbid selection colored persons jurors answer saying laws fourteenth amendment therefore act passed congress appropriate legislation enforcement either superior state constitution give way give way repealed far word mentioned therein qualification voter general election soon amendment proclaimed adopted understood treated persons state time forth ever since last civil rights bill passed congress negroes admitted witnesses cases civil criminal tried courts whereas give evidence cases white person except case crime prevent failure justice white person present time transaction competent give testimony excision erasure word qualification voters state constitution construed word never law state forbidding levy select negroes jurors negroes judgment otherwise qualified wales said know actual personal knowledge history times since adoption fifteenth amendment federal constitution provision constitution delaware limiting right vote free white male citizens virtually practically repealed annulled persons color otherwise qualified exercised continue exercise elective franchise parts state freedom whites necessary prove fact really difficulty reaching conclusion law regulating selection jurors colored citizen excluded law intended authors prospective operation effect include become voters passage well class persons entitled vote temporary statute intended provide existing state things reach forward make one unvarying standard qualification juror wit qualified vote general election sole standard one pertinent discussion motion remove whoever thereafter might become qualified voters state whether virtue amendment constitution virtue law land overrides supplants state constitutions state laws eo instanti became qualified selection service jurors right secured colored man fourteenth amendment civil rights laws shall discriminated solely account race color follows state law cause alone exclude jury box state officer permitted performance official duties purposely keep colored man jury lists houston concurred opinion judges expressed surprise petition removal contained statement colored man voter delaware constitution laws said true asserted lawyer political party ever doubted since adoption fourteenth amendment constitution word constitution entirely stricken goes root whole ter discrimination constitution laws state colored men jurors another consideration upon branch case entitled weight particularly slavery formerly existed alteration constitution possible except particular mode prescribed unless indeed people assumed disregard express limitations fundamental law imposed upon power amendment constitution obeyed alteration provisions effected short several years position taken counsel correct long mere language constitution originally framed adopted state inconsistent equality civil rights secured recent amendments federal constitution every civil suit criminal prosecution state colored man removable sect revised statutes circuit although state organs authority executive judicial without reservation qualification recognize legal effect well amendments statutes enacted enforce believe section intended congress results reasonable construction requires us hold state delaware constitution laws denies prevents impairs enforcement judicial tribunals rights secured law providing equal civil rights citizens state since adoption fourteenth amendment passed statute conflict provisions laws enacted enforcement judicial tribunals decisions repudiated amendment part law land declared acts passed enforce provisions inoperative void ground hold denial upon part equal civil rights inability enforce tribunals constitution within meaning section authorize removal suit prosecution circuit case presented discrimination complained result constitution laws state expounded highest judicial tribunal consequently made manifest action state case commenced prosecution plaintiff error therefore removable circuit sect thus construing statute withhold party claiming denied enforce judicial tribunals state constitutional equality civil rights opportunity appealing courts union redress wrongs entitled statute removal suit prosecution may denied subsequent proceedings state execution judgment right privilege immunity given secured constitution laws bring case review said leads conclusion state err refusing grant prayer petitioner removal remaining question relates denial motions quash indictment panels jurors grounds upon motions placed formally distinctly stated fully set bill exceptions assigned verified petition filed accused removal prosecution circuit viz grand jury found petit jury summoned try indictment citizens african race qualified respects serve jurors excluded panels race color fact persons race though possessing requisite qualifications always county state excluded race serving juries colored persons always excluded juries courts delaware conceded argument likewise conceded chief justice however accompanied concession remark reference case none white men selected nowise remarkable view notorious great body black men residing state utterly unqualified want intelligence experience moral integrity sit juries exceptions said rare although reasons given prisoner entitled removal prosecution circuit without remedy officers state charged duty selecting jurors guilty offence charged petition denial upon part right selection grand petit jurors without discrimination race race violation constitution laws trial bound redress said us virginia rives supra correct wrong quash indictment panel error corrected superior ultimately upon review repeat said case colored citizen party trial involving life liberty property claim matter right race shall representation jury mixed jury particular case within meaning constitution always absolutely necessary equal protection laws right entitled selection jurors pass upon life liberty property shall exclusion race discrimination color need inquire whether upon showing made accused erred overruling motions quash indictment panels jurors informed bill exceptions motions quash made agreed state prisoner counsel assent statements allegations petition removal taken treated given force effect consideration decision motions said statements allegations made verified defendant separate distinct affidavit object prisoner counsel filing affidavit establish grounds upon motions quash rested discretion hear affidavit evidence support motions circumstances without evidence affidavit otherwise upon part state motions quash submitted determination overruled upon ground evidence produced offered accused prove alleged exclusion colored persons juries color said fact exclusion established circumstance persons african race fact panels proven affirmatively part defendant competent testimony outside affidavit said motions quash granted thereupon accused even arraigned pleaded indictment moved permit produce witnesses support motions quash commissioners levy clerk bailiff said levy issue clerk subpoenas said persons witnesses testify aforesaid granting motion state objected objection sustained bill shows motion go proof denied ground full time produce witnesses make proof existed motion heard application leave summon witnesses support motion argued refused want proof sufficient time existed production without precedent oyer terminer state therefore case motion must treated coming late granted may argued ruling whereby prisoner denied privilege motions quash overruled trial commenced making proof support charge grand petit juries selected violation constitution laws subject review without discussing proposition may remark entire respect circumstances judgment warranted indulgence matter time granted prisoner whose life stake poor employ counsel selection suggested commissioners summoned compelled testify may answered might claimed exemption objection however plausible weighty apply clerk bailiff levy clerk oyer terminer advised opinion chief justice clerk levy attending sessions assisting transaction business officer may presume present application examine witness made bailiff position perhaps clearly sustain clearly disprove allegation grand petit juries organized upon principle excluding therefrom colored persons race charge involving fairness integrity whole proceeding prisoner passing ruling insufficient authorize reversal judgment opinion motions quash sustained affidavit accused appears filed support motions without objection competency evidence uncontradicted counter affidavits even formal denial grounds assigned sustained practice obtains courts state affidavit prisoner objected used evidence support motion quash state waive objection either expressly making proper time objection appears made contrary agreement prisoner verified petition treated affidavit consideration decision motions implied think state willing risk determination upon case made affidavit connection course facts might take judicial notice showing thus made including fact generally known felt obliged take judicial notice colored citizen ever summoned juror courts state colored population exceeded twenty thousand exceeded thousand total population less one hundred fifty thousand prima facie case denial officers charged selection grand petit jurors equality protection secured constitution laws think circumstances violent presumption state indulged uniform exclusion race juries period many years solely judgment officers fairly exercised black race delaware utterly disqualified want intelligence experience moral integrity sit juries action officers premises deemed act state refusal state redress wrong committed denial right secured prisoner constitution laws speaking justice strong ex parte virginia said repeat state acts legislative executive judicial authorities act way constitutional provision therefore must mean agency state officers agents powers executed shall deny person within jurisdiction equal protection laws whoever virtue public position state government deprives another property life liberty without due process law denies takes away equal protection laws violates constitutional inhibition acts name state clothed state authority act state must constitutional prohibition meaning judgment oyer terminer reversed directions set aside judgment verdict well order denying motion quash indictment panels jurors proceedings upon hearing motions may consistent principles opinion ordered chief justice waite justice field dissented chief justice waite unable concur judgment said virginia rives mere fact person color allowed serve juries colored men interested enough show discriminated race shown case motions quash except accused declared affidavit exclusion colored men juries delaware race believe refusal affidavit unsupported evidence quash indictment panel jurors discriminated account race error law justify reversal judgment motions submitted affidavit alone decided rested discretion allow rehearing permit evidence introduced refusal think assigned error justice field unable concur majority decision case proceeds upon two assumptions judgment erroneous one motions averments party matters resting within personal knowledge specially contradicted taken true clause fourteenth amendment constitution prohibiting denying person within jurisdiction equal protection laws requires cases affecting rights interests persons colored race summon persons race jury service defendant colored man indicted may general sessions county new castle state delaware rape upon white woman crime punishable state death motion state indictment removed trial oyer terminer county defendant presented petition praying removal circuit setting forth grounds application citizen state delaware african race descent statutes state persons qualified vote general elections liable serve jurors certain exceptions important mentioned constitution state right elector enjoyed free white male citizens age years levy new castle county required annual session march select list taxable citizens county names one hundred sober judicious persons serve summoned grand jurors several courts held year also names one hundred fifty sober judicious persons serve summoned petit jurors courts levy session march thus selecting persons serve summoned grand petit jurors courts including general sessions oyer terminer selected persons color african race contrary excluded race color prothonotary clerk peace county drawn list thus selected grand jurors indictment petitioner found petit jurors tried persons color african race though otherwise qualified always excluded serving juries county state race color reason thereof petitioner finding indictment trial thereof denied equal protection laws exclusion persons color african race grand petit juries state force constitution laws petitioner denied enforce judicial tribunals right secured act congress providing equal civil rights citizens constitution delaware adopted counsel defendant presenting petition assumed limitation right suffrage white male citizens still operative notwithstanding fifteenth amendment white persons named electors allowed serve jurors view clearly untenable fifteenth amendment took effect upon adoption operated strike word constitution delaware uniform ruling courts state oyer terminer accordingly held law state forbidding levy select persons african race color jurors race color otherwise qualified appear grand petit juries though composed entirely white persons made exclusion colored persons ground race color defendant denied right secured citizen selection panels application removal indictment circuit therefore denied necessary justify ruling extended argument held majority removal properly refused defendant moved quash indictment panel grand jurors found panel petit jurors summoned trial giving reasons motion action levy selecting persons serve summoned grand petit jurors action prothonotary clerk peace county drawing jurors list selected consequent deprivation petitioner rights stated petition removal case additional affidavit filed state waived omission consented statements petition taken treated force effect consideration motion quash presented separate affidavit motion heard retained advisement days denied although fact persons african race color panel either grand petit jury evidence produced offered defendant prove statement exclusion reason color race accept fact established circumstance persons either list panel unaided affidavit defendant held proved affirmatively competent testimony outside affidavit ruling constitutes opinion majority reversible error obvious mere fact persons colored race selected jurors evidence persons excluded account race color law required one hundred judicious persons selected serve grand jurors one hundred fifty persons petit jurors whole body county numbers may selected without consideration merit fitness perform jury duty suggestion grand jurors indictment found petit jurors summoned trial prescribed qualifications judicious men seem law obeyed case something mere absence colored persons panels shown set aside fact colored persons never since act congress may selected jurors may attributed causes race color virginia rives us last term urged removal indictment persons colored race state federal grand jury indicted jury tried composed wholly persons white race none race ever allowed serve jurors county patrick indictment found trial take place case colored man interested speaking justice strong said statement fell showing civil right denied discrimination defendants color race facts may stated yet jury indicted panel summoned try may impartially selected upon subject said none white men selected nowise remarkable view notorious great body black men residing state utterly unqualified want intelligence experience moral integrity sit juries exceptions unquestionably rare much often one colored man appears upon panel courts whole state select whereas case selection confined single county support suggestion unfitness fact though constitutional amendment legislation carry effect force former fifteen years latter five years yet instance yet occurred parties often colored ever selected man african descent referee fact disregarded assigning cause exclusion negroes juries exclusion shown made knowledge men state african race delaware circumstance referred wholly unwarranted us infer exclusion mere reason color juries point fact composed white men alone entertain suspicion cause unless better support wholly unsupported affidavit defendant impute levy purpose otherwise perform duty selection judicious persons serve upon juries law requires wrong part upon principle absence proof contrary public officer discharging official obligation function presumed done faithfully according law also seems plain properly refused accept true statements defendant affidavit unsupported statements party thus made taken true motion quash indictments stand affidavits offered affidavit matters possibly within knowledge petitioner however positive averments must therefore taken like averments law state made upon information belief also imputed grave offenses officers levy act congress subject jurors state courts valid circumstances accept conclusive statements well observed reverse rules evidence overturn orderly procedure courts justice contradict settled maxims ordinary human experience giving expression opinion belief criminal conduct public officers force positive proof decision motion defendant applied leave produce commissioners clerk bailiff levy witnesses establish statements subpoenas issued application denied ground sufficient time existed produce witnesses motion heard observing leave summon witnesses support motion argued refused want proof sufficient time existed production without precedent oyer terminer state therefore case motion must treated coming late may add thus stated far knowledge extends application without precedent applications may heard rehearing rehearing permissible call witnesses motion already decided besides consideration affidavit suggestion defendant officers named support statement motion simply permission make experiment calling stand prothonotary clerk peace shown knowledge subject commissioners levy required answer asserted fact persons excluded jury list account race color law congress prohibiting exclusion valid commissioners action subjected penalties whilst true witness may claim exemption answering questions answer might subject criminal prosecution yet unusual thing require parties summoned upon suggestion might willing criminate thus furnish support motion refusal allow defendant make experiment commissioners enter exploring expedition others named appear harsh ruling meriting animadversion one perfectly proper connection statement counsel defendant printed brief overlooked power produce evidence intent levy excluded men race color jury lists presumptive evidence already discussed arose fact always excluded jury service statement equivalent admission right counsel contend allowed defendant avail erroneous deem ruling majority weight accorded unsupported averments defendant matters within personal knowledge meaning given concluding clause fourteenth amendment presents matter consideration far greater importance true opinion reaffirms doctrine cases virginia decided last term thought doctrine erroneous great deference associates must say careful repeated perusal opinion conviction remains unchanged legislation congress requires persons colored race admitted serve jurors state courts contained fourth section act march protect citizens civil legal rights declares citizen possessing qualifications may prescribed law shall disqualified service grand petit juror state account race color previous condition servitude officer person charged duty selection summoning jurors shall exclude fail summon citizen cause aforesaid shall conviction thereof deemed guilty misdemeanor fined five thousand dollars adoption thirteenth fourteenth fifteenth amendments constitution one pretended congress possessed power legislate respect state courts upon one subject general concurrence opinion selection matter entirely state regulation exclusively determine liable serve jurors courts qualifications possess manner selected indeed competent dispense completely juries require suits civil criminal determined without aid three amendments plain thirteenth fifteenth bearing upon selection jurors thirteenth prohibits slavery involuntary servitude except punishment crime within place subject jurisdiction makes every one within broad domain wherever jurisdiction extends land sea freeman right pursue happiness others like conditions undertake anything confer political rights leaves previous powers determine shall fill offices intrusted administration laws similar provision found constitutions free never supposed impaired respect sovereign right power people every state determine confide trusts government fifteenth amendment prohibits denial abridgment elective franchise citizens reason race color previous condition servitude excludes power state one ground limitation upon qualification voters relates subject fourteenth amendment advocates congressional act must resort find authority enactment first section amendment follows persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws first clause section declaring citizens nothing touches subject consideration second clause declaring state shall make enforce law abridge privileges immunities citizens limited according decision cases privileges immunities belong citizens distinguished citizens state construction sound restricted overruled approve loose latitudinarian construction another clause section contended privilege persons act jurors covered inhibition broader construction given clause advocated dissenting judges cases inhibition application constitution previous amendment declared citizens state shall entitled privileges immunities citizens several never supposed contended jury duty jury service included among privileges immunities third clause declares state shall deprive person life liberty property without due process law reference subject provision found state constitutions origin government intended protect life liberty property arbitrary legislation upon last clause section majority compelled rely sustain act congress state shall deny person within jurisdiction equal protection laws meant provision protection laws persons within jurisdiction state whether citizens foreigners male female old young embraced comprehensive terms give equal protection requires persons classes severally belong shall privilege subject may acting jurors courts cases affecting interests mandate constitution produce extraordinary change administration laws abolish distinctions made selection jurors citizens foreigners race mongolian indian races may time within jurisdiction chinaman may insist people race shall summoned jurors cases affecting interests exclusion denial equal protection laws foreigner sojourning country may make similar claim jurors nation obvious claim respected yet unable see sustained construction placed upon amendment majority case sound seems universality protection contemplated clause question renders position majority untenable one truly affirm women aged resident foreigner whether caucasian mongolian though excluded acting jurors equally protected laws state allowed required serve capacity afford equality protection persons laws require state permit persons participate equally administration laws hold offices discharge trusts government equal protection laws state extended persons within jurisdiction within meaning amendment courts open terms others like rules evidence modes procedure security persons property prevention redress wrongs enforcement contracts subjected restrictions acquisition property enjoyment personal liberty pursuit happiness equally affect others liable greater burdens charges laid upon others different greater punishment enforced violation laws condition things exists state equality law guaranteed persons within jurisdiction amendment said ex parte virginia persons civil rights upon terms leaves political rights arise form government administration stood previous adoption reference social rights duties rest upon positive law though potential controlling intercourse individuals manifest fact desired confer political power upon newly made citizens done inhibiting denial suffrage account race color previous condition servitude new amendment required position cases rights colored persons concerned essential protection individuals race summoned jurors founded upon assumption cases white persons prejudiced jurors position said case cited correct white persons jury interests colored persons involved jury honest fair one members governed judgment considerations law evidence decision hardly considered reached sort compromise prejudices one race set prejudices id unable find warrant fourteenth amendment legislation congress interfering selection jurors state courts perceive even legislation deemed valid error ruling delaware opinion judgment affirmed