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Laws of the years 1789, 1800, and 1802, upon the subject. For the
purpose of thoroughly understanding the American principles with respect
to the formation of juries, I examined the laws of States at a distance
from one another, and the following observations were the result of
my inquiries. In America, all the citizens who exercise the elective
franchise have the right of serving upon a jury. The great State of New
York, however, has made a slight difference between the two privileges,
but in a spirit quite contrary to that of the laws of France; for in the
State of New York there are fewer persons eligible as jurymen than there
are electors. It may be said in general that the right of forming part
of a jury, like the right of electing representatives, is open to
all the citizens: the exercise of this right, however, is not put
indiscriminately into any hands. Every year a body of municipal or
county magistrates--called "selectmen" in New England, "supervisors"
in New York, "trustees" in Ohio, and "sheriffs of the parish" in
Louisiana--choose for each county a certain number of citizens who have
the right of serving as jurymen, and who are supposed to be capable
of exercising their functions. These magistrates, being themselves
elective, excite no distrust; their powers, like those of most
republican magistrates, are very extensive and very arbitrary, and they
frequently make use of them to remove unworthy or incompetent jurymen.
The names of the jurymen thus chosen are transmitted to the County
Court; and the jury who have to decide any affair are drawn by lot from
the whole list of names. The Americans have contrived in every way to
make the common people eligible to the jury, and to render the service
as little onerous as possible. The sessions are held in the chief town
of every county, and the jury are indemnified for their attendance
either by the State or the parties concerned. They receive in general a
dollar per day, besides their travelling expenses. In America, the being
placed upon the jury is looked upon as a burden, but it is a burden
which is very supportable. See Brevard's "Digest of the Public Statute
Law of South Carolina," vol. i. pp. 446 and 454, vol. ii. pp. 218
and 338; "The General Laws of Massachusetts, revised and published by
authority of the Legislature," vol. ii. pp. 187 and 331; "The Revised
Statutes of the State of New York," vol. ii. pp. 411, 643, 717, 720;
"The Statute Law of the St