by John Marshall Harlan

“ Underlying all of those decisions is the principle that the constitution of the United States, in its present form, forbids, so far as civil and political rights are concerned, discrimination by the general government, or by the states, against any citizen because of his race. All citizens are equal before the law. The guaranties of life, liberty, and property are for all persons, within the jurisdiction of the United States, or of any state, without discrimination against any because of their race. ”

“ The requirement of the constitution of 1890 that no person should be a grand or petit juror unless he was a qualified elector and able to read and write did not prevent the legislature from providing, as was done in the Code of 1892, that persons selected for jury service should possess good intelligence, sound judgment, and fair character. Such regulations are always within the power of a legislature to establish, unless forbidden by the constitution. They tend to secure the proper administration of justice, and are in the interest, equally, of the public and of persons accused of crime. ”

“ Delaware, that congress had not authorized a removal of the prosecution from the state court where jury commissioners or other subordinate officers had, without authority derived from the constitution and laws of the state, excluded colored citizens from juries because of their race. ”