" St. 1840, ch.
47, Statutes at Large, vol. 5, p. 394.
In this corrupt and lawless manner, Congress, instead of taking
care to preserve the trial by jury, so far as they might, by
providing for the appointment of legal juries incomparably the
most important of all our judicial tribunals, and the only ones on
which the least reliance can be placed for the preservation of
liberty have given the selection of them over entirely to the
control of an indefinite number of state legislatures, and thus
authorized each state legislature to adapt the juries of the
United States to the maintenance of any and every system of
tyranny that may prevail in such state.
Congress have as much constitutional right to give over all the
functions of the United States government into the hand of the
state legislatures, to be exercised within each state in such
manner as the legislature of such state shall please to exercise
them, as they have to thus give up to these legislatures the
selection of juries for the courts of the United States.
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