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:
"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 role 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.
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