tle doubt
that there is some valid objection to them, of the kinds already
suggested, in all these states.
In regard to jurors in the courts of the United States, it is enacted,
by act of Congress:
"That jurors to serve in the courts of the United States, in each
state respectively, shall have the like qualifications, and be
entitled to the like exemptions, as jurors of the highest court of
law of such state now have and are entitled to, and shall hereafter,
from time to time, have and be entitled to, and shall be designated
by ballot, lot, or otherwise, according to the mode of forming such
juries now practised and hereafter to be practised therein, in so far
as such mode may be practicable by the courts of the United States,
or the officers thereof; and for this purpose, the said courts shall
have power to make all necessary rules and regulations for conforming
the designation and empanelling of jurors, in substance, to the laws
and usages now in force in such state; and, further, shall have
power, by rule or order, from time to time, to conform the same to
any change in these respects which may be hereafter adopted by the
legislatures of the respective states for the state courts."--_St._
1840, ch. 47, _Statutes at Large_, vol. 5, p. 394.
In this corrupt and lawless manner, Congress, instead of taking care to
preserve the trial by jury, so far as they might, by providing for the
appointment of legal juries--incomparably the most important of all our
judicial tribunals, and the only ones on which the least reliance can be
placed for the preservation of liberty--have given the selection of them
over entirely to the control of an indefinite number of state
legislatures, and thus authorized each state legislature to adapt the
juries of the United States to the maintenance of any and every system
of tyranny that may prevail in such state.
Congress have as much constitutional right to give over all the
functions of the United States government into the hands of the state
legislatures, to be exercised within each state in such manner as the
legislature of such state shall please to exercise them, as they have to
thus give up to these legislatures the selection of juries for the
courts of the United States.
There has, probably, never been a legal jury, nor a legal trial by jury,
in a single court of the United States, since the adoption of the
constitution.
These
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