At the common law the sheriff's, bailiffs, and other officers were
chosen by the people, instead of being appointed by the king. (4
Blackstone, 413. Introduction to Gilbert's History of the Common
Pleas, p. 2; note, and p. 4.) This has been shown in a former
chapter. [8] At common law, therefore, jurors selected by these
officers were legally selected, so far as the principle now under
discussion is concerned; that is, they were not selected by any
officer who was dependent on the government.
But in the year 1315, one hundred years after Magna Carta, the
choice of sheriff's was taken from the people, and it was enacted:
"That the sheriffs shall henceforth be assigned by the chancellor,
treasurer, barons of the exchequer, and by the justices. And in
the absence of the chancellor, by the treasurer, barons and
justices." 9 Edward II., st. 2. (1315.)
These officers, who appointed the sheriffs, were themselves
appointed by the king, and held their offices during his pleasure.
Their appointment of sheriffs was, therefore, equivalent to an
appointment by the king himself. And the sheriffs, thus appointed,
held their offices only during the pleasure of the king, and were
of course mere tools of the king; and their selection of jurors
was really a selection by the king himself. In this manner the
king usurped the selection of the jurors who were to sit in
judgment upon his own laws.
Here, then, was another usurpation, by which the common law trial
by jury was destroyed, so far as related to the county courts, in
which the sheriff's presided, and which were the most important
courts of the kingdom. From this cause alone, if there were no
other, there has not been a legal jury in a county court in
England, for more than five hundred years.
In nearly or quite all the States of the United States the juries
are illegal, for one or the other of the same reasons that make
the juries in England illegal.
In order that the juries in the United States may be legal that
is, in accordance with the principles of the common law it is
necessary that every adult male member of the state should have
his name in the jury box, or be eligible as a juror. Yet this is
the case in hardly a single state.
In New Jersey, Maryland, North Carolina, Tennessee, and
Mississippi, the jurors are required to be freeholders. But this
requirement is illegal, for the reason that the term freeholder,
in this country, has no meaning analogous to the meaning it had in
the ancient common law.
In Arkansas, Missouri, Indiana, and Alabama, jurors are required
to be "freeholders or householders." Each of these requirements is
illegal.
In Florida, they are required to be "householders."
In Connecticut, Maine, Ohio, and Georgia, jurors are required to
have the qualifications of "electors."
In Virginia, they are required to have a property qualification of
one hundred dollars.
Public-domain text, read in full here on John Shaqi.
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