Jury Discrimination: The Supreme Court, Public Opinion, and a Grassroots Fight for Racial Equality in Mississippi

By Christopher Waldrep | Go to book overview

Notes

INTRODUCTION

1. Testimony of Pinkard C. Dowans, transcript of evidence, Grand Court of Calanthe v. P. C. Downs, case no. 14712, Mississippi Supreme Court Records, Mississippi Department of Archives and History, Jackson, hereafter cited as mdah. Skocpol and Oser, “Organization Despite Adversity”; Camp and Kent, “What a Mighty Power We Can Be”; Clawson, Constructing Brotherhood.

2. For Fayssoux Scudder’s account of her father’s role in designing the flag, see Scudder, “History of Mississippi Flag.” On Scudder’s service in the legislature, see Rowland, Official and Statistical Register, 3:204. For Scudder’s service in the Sons of Confederate Veterans, see Confederate Veteran 16 (August 1906): 346; 17 (August 1909): 372; 19 (May 1911): 262; 24 (March 1916): 134. Anne Lipscomb Webster did detailed research on the Mississippi state flag when the legislature proposed replacing Scudder’s design in 2000. See Elbert R. Hilliard to Senator Robert H. “Rob” Smith, June 15, 2000, subject file Flag Legislation, mdah.

3. Merchants and Planters Packet Co. v. Wright Brothers, case no. 2778, in Minute Book uu, pages 118, 121, 124, Warren County Circuit Court, Warren County Circuit Clerk’s Office, Vicksburg, Mississippi.

4. Transcript of evidence, Grand Court of Calanthe v. P. C. Downs, case no. 14712, Mississippi Supreme Court Records, mdah; Grand Court of Colanthe v. P. C. Downs, 98 Miss. 740 (1910).

5. Powers v. Ohio, 499 U.S. 400 (1991); Amar, “Jury Service as Political Participation.” 6. Oldham, Trial by Jury, 174–75. The Supreme Court recognized Oldham’s contention in 1968, explaining that a jury of the defendant’s peers safeguards against the overzealous prosecutor and the eccentric or biased judge; Duncan v. Louisiana, 3912 U.S. 145 (1968).

7. Nation 10, March 10, 1870, 148.

8. Account of the Proceedings, 83; Ritter, “Jury Service and Women’s Citizenship”; Kerber, No Constitutional Right to Be Ladies, 124–220.

9. For articles on this subject, see Forman, “Juries and Race”; Schmidt, “Juries, Jurisdiction, and Race Discrimination”; Coleman, “Evolution of Race”; Alschuler and Deiss, “Brief History.” For an examination of jury discrimination in medieval England, see Constable, Law of the Other.

10. Rubin, “Ghosts of Emmett Till.”

11. For this argument, see Dunning, Essays on the Civil War; Klarman, From Jim Crow to Civil Rights.

-269-

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