The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The States which guard these most closely are those in which
there is the most jealousy of anything like a standing order, and
the widest scope of popular election. Georgia was the State,
among the old thirteen, in which these characteristics were most
marked. Her first Constitution of 1777 expressly threw the power
of determining the law into the hands of the jury in every case,
though they were allowed to ask the judges holding the court for
their opinion, in which case each judge gave his in rotation.
The party who lost his case could demand a new trial before a
special jury. The ordinary jury were to be sworn to bring in a
verdict according to law and the evidence, provided it be not
repugnant to the Constitution. The special jury were to be sworn
to bring one in according to law and the evidence, "provided it
be not repugnant to justice, equity, and conscience, and the
rules and regulations contained in this Constitution, of which
they shall judge." Apparently the meaning of this was that while
the decision of the first jury as to the law could be revised by
a second, that of the second, however contrary to the highest
law, could not be.
* * * * *
Resort is occasionally had to the assistance of a jury by a court
of chancery for the better disposition of some disputed question
of fact on which the equities of the parties depend. This cannot
(except by force of some express statute) be claimed as a matter
of right. The judge sends the issue to a jury for trial only if
he thinks it would be helpful to him, but their verdict has no
conclusive effect. He can adopt it or ignore it, at his
pleasure.
* * * * *
The selection of jurors is a long process. The general plan is
to commit to some local authorities in each city, town, or county
the choice of a considerable number out of the inhabitants whom
they may think suitable to serve in that capacity; then to have
that list revised by some higher officials or persons specially
appointed by the courts for the purpose, who must strike out a
large part of the names; and finally to have those who are to be
summoned to attend any particular term of court for jury duty
chosen by drawing from the remaining names by lot. In many
States special qualifications as to age, education, and
intelligence are required. Out of the jurors thus summoned to
attend the court, there is a further choice by lot of those to
try each particular case, subject to objections made by either
party to any thus drawn, for proper cause.
The statutes of the United States provide that jurors in the
Circuit and District Courts shall be selected in each State from
those qualified to serve in its highest trial courts, and in
substantially the same manner.
* * * * *
Public-domain text, read in full here on John Shaqi.
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