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 sheriffs
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:
"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.
Public-domain text, read in full here on John Shaqi.
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