In Maine, Massachusetts, Vermont, Connecticut, New York, Ohio,
Indiana, Michigan, and Wisconsin, certain civil authorities of the
towns, cities, and counties are authorized to select, once in one,
two, or three years, a certain number of the people a small
number compared with the whole from whom jurors are to be
taken
when wanted; thus disfranchising all except, the few thus
selected.
In Maine and Vermont, the inhabitants, by vote in town meeting,
have a veto upon the jurors selected by the authorities of the
town.
In Massachusetts, the inhabitants, by vote in town meeting, can
strike out any names inserted by the authorities, and insert
others; thus making jurors elective by the people, and, of course,
representatives only of a majority of the people.
In Illinois, the jurors are selected, for each term of court, by
the county commissioners.
In North Carolina, "the courts of pleas and quarter sessions shall
select the names of such persons only as are freeholders, and as
are well qualified to act as jurors, &c;.; thus giving the courts
power to pack the juries." (Revised Statutes, 147.)
In Arkansas, too, "It shall be the duty of the county court of
each county * to make out and cause to be delivered to the sheriff
a list of not less than sixteen, nor more than twenty-three
persons, qualified to serve as grand jurors;" and the sheriff is
to summon such persons to serve as grand jurors.
In Tennessee, also, the jurors are to be selected by the county
courts.
In Georgia, the jurors are to be selected by "the justices of the
inferior courts of each county, together with the sheriff and
clerk, or a majority of them."
In Alabama, "the sheriff; judge of the county court, and clerks of
the circuit and county courts," or "a majority of" them, select
the jurors.
In Virginia, the jurors are selected by the sheriffs; but the
sheriff's are appointed by the governor of the state, and that is
enough to make the juries illegal. Probably the same objection
lies against the legality of the juries in some other states.
How jurors are appointed, and what are their qualifications, in
New Hampshire, Rhode Island, Pennsylvania, Delaware, South
Carolina, Kentucky, Iowa, Texas, and California, I know not.
There
is little 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:
Public-domain text, read in full here on John Shaqi.
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