lly
in the conditions that prevail in New York, a disproportionate number of
manual workers. A fair application of literacy, intelligence and other
tests would hardly act with proportional equality on all levels of life.
The most that the evidence does is to raise, rather than answer, the
question whether there was an unlawful disproportionate representation
of lower income groups on the special jury."[1215] Then, as to the due
process clause, he pointed out that the jury had had a long and varied
history in the course of which it has assumed many forms, and that for
that matter the Court "* * * has construed it to be inherent in the
independent concept of due process that condemnation shall be rendered
only after a trial, in which the hearing is a real one, not a sham or
pretense. * * * Trial must be held before a tribunal not biased by
interest in the event. * * * Undoubtedly a system of exclusions could be
so manipulated as to call a jury before which defendants would have so
little chance of a decision on the evidence that it would constitute a
denial of due process. A verdict on the evidence, however, is all an
accused can claim; he is not entitled to a set-up that will give a
chance of escape after he is properly proven guilty. Society also has a
right to a fair trial. The defendant's right is a neutral jury. He has
no constitutional right to friends on the jury."[1216]

APPORTIONMENT OF REPRESENTATION

Section 2. Representatives shall be apportioned among the
several States according to their respective numbers, counting the whole
number of persons in each State, excluding Indians not taxed. But when
the right to vote at any election for the choice of electors for
President and Vice President of the United States, Representatives in
Congress, the Executive and Judicial officers of a State, or the members
of the Legislature thereof, is denied to any of the male inhabitants of
such State, being twenty-one years of age, and citizens of the United
States, or in any way abridged, except for participation in rebellion,
or other crime, the basis of representation therein shall be reduced in
the proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such State.

In General

The effect of this section in relation to Negroes was indicated in Elk
_v._ Wilkins.[1217] "Slavery having been abolished, and the persons
formerly held as slaves made cit