An Essay On The Trial By Jury - Lysander Spooner (little red riding hood read aloud .TXT) 📗
- Author: Lysander Spooner
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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:
"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." 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
Chapter 6 (Juries Of The Present Day Illegal) Pg 148Liberty 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.
There Has, Probably, Never Been A Legal Jury, Nor A Legal Trial By
Jury, In a Single Court Of The United states, Since The Adoption
Of The Constitution.
These Facts Show How Much Reliance Can Be Placed in written
Constitutions, To Control The Action Of The Government, And
Preserve The Liberties Of The People.
If The Real Trial By Jury Had Been Preserved in the Courts Of The
United states That Is, If We Had Had Legal Juries, And The
Jurors Had Known Their Rights It Is Hardly Probable That One
Tenth Of The Past Legislation Of Congress Would Ever Have Been
Enacted, Or, At Least, That, If Enacted, It Could Have Been
Enforced.
Probably The Best Mode Of Appointing jurors Would Be This: Let The
Names Of All The Adult [Male] [9] Members Of The State, In each
Township, Be Kept In a Jury Box, By The Officers Of The Township;
And When A Court Is To Be Held For A County Or Other District, Let
The Officers Of A Sufficient Number Of Townships Be Required
(Without Seeing the Names) To Draw Out A Name From Their Boxes
Respectively, To Be Returned to The Court As A Juror. This Mode Of
Appointment Would Guard Against Collusion And Selection; And
Juries So Appointed would Be Likely To Be A Fair Epitome Of "The
Country."
[1]On The English Constitution.
[2] Although All The Freemen Are Legally Eligible As Jurors, Any
One May Nevertheless Be Challenged and Set Aside, At The Trial,
For Any Special Personal Disqualification; Such As Mental Or
Physical Inability To Perform The Duties; Having been Convicted,
Or Being under Charge, Of Crime; Interest, Bias, &C;. But It Is
Clear That The Common Law Allows None Of These Points To Be
Determined by The Court, But Only By "Triers."
[3] What Was The Precise Meaning of The Saxon Word, Which I Have
Here Called elderly, I Do Not Know. In the Latin Translations It
Is Rendered by Seniores, Which May Perhaps Mean Simply Those
Who Have Attained their Majority.
Chapter 6 (Juries Of The Present Day Illegal) Pg 149
[4] In 1485 It Was Enacted, By A Statute Entitled " Of What Credit
And Estate Those Jurors Must Be Which Shall Be Impaneled in the
Sheriff'S Turn."
"That No Bailiff Nor Other Officer From Henceforth Return Or
Impanel Any Such Person In any Shire Of England, To Be Taken Or
Put In or Upon Any Inquiry In any Of The Said Turns, But Such As
Be Of Good Name And Fame, And Having lands And Tenements Of
Freehold Within The Same Shires, To The Yearly Value Of Twenty
Shillings At The Least, Or Else Lands And Tenements Holden By
Custom Of Manor, Commonly Called copy-Hold, Within The Said
Shires, To The Yearly Value Of Twenty-Six Shillings Eight Pence
Over All Charges At The Least." 1 Richard Iii., Ch. 4. (1483 )
In 1486 It Was Enacted, " That The Justices Of The Peace Of Every
Shire Of This Realm For The Time Being may Take, By Their
Discretion, An Inquest, Whereof Every Man Shall Have Lands And
Tenements To The Yearly Value Of Forty Shillings At The Least, To
Inquire Of The Concealments Of Others," &C;., &C;. 3 Henry Vii,
Ch. 1. (1486.)
A Statute Passed in 1494, In regard To Jurors In the City Of
London, Enacts:
"That No Person Nor Persons Hereafter Be Impaneled, Summoned,
Or Sworn In any Jury Or Inquest In courts Within The Same City, (Of
London,) Except He Be Of Lands, Tenements, Or Goods And Chattels,
To The Value Of Forty Marks; [5] And That No Person Or Persons
Hereafter Be Impaneled, Summoned, Nor Sworn In any Jury Or
Inquest In any Court Within The Said City, For Lands Or Tenements, Or
Action Personal, Wherein The Debt Or Damage Amounteth To The Sum
Of Forty Marks, Or Above, Except He Be In lands Tenements, Goods,
Or Chattels, To The Value Of One Hundred marks." 11 Henry Vii.
Ch. 21. (1494.)
The Statute 4 Henry Viii, Ch. 3, Sec. 4, (1512) Requires Jurors In
London To Have "Goods To The Value Of One Hundred marks."
In 1494 It Was Enacted that "It Shall Be Lawful To Every Sheriff
Of The Counties Of Southampton, Surrey., And Sussex, To Impanel
And Summons Twenty-Four Lawful Men Of Such, Inhabiting within
The Precinct Of His Or Their Turns, As Owe Suit, To The Same Turn,
Whereof Every One Hath Lands Or Freehold To The Yearly Value Of
Ten Shillings, Or Copyhold Lands To The Yearly Value Of Thirteen
Shillings Four Pence, Above All Charges Within Any Of The Said
Counties, Or Men Of Less Livelihood, If There Be Not So Many
There, Not Withstanding the Statute Of 1 Richard Iii., Ch. 4. To
Endure To The Next Parliament." 11 Henry Vii., Ch. 24. (1494.)
This Statute Was Continued in force By 19 Henry Vii., Ch. 16
(1503.)
In 1531 It Was Enacted, "That Every Person Or Person Being the
King'S Natural Subject Born, Which Either By The Name Of Citizen,
Or Of A Freeman, Or Any Other Name, Doth Enjoy And Use The
Chapter 6 (Juries Of The Present Day Illegal) Pg 150Liberties And Privileges Of Any City, Borough, Or Town Corporate,
Where He Dwelleth And Maketh His Abode, Being worth In moveable
Goods And Substance To The Clear Value Of Forty Pounds, Be
Henceforth Admitted in trials Of Murders And Felonies In every
Sessions And Gaol Delivery, To Be Kept And Holden In and For The
Liberty Of Such Cities, Boroughs, And Towns Corporate, Albeit They
Have No Freehold; Any Act, Statute, Use, Custom, Or Ordinance To
The Contrary Hereof Notwithstanding." 23 Henry Viii., Ch. 13.
(1531.)
In 1585 It Was Enacted, "That In all Cases Where Any Jurors To Be
Returned for Trial Of Any Issue Or Issues Joined in any Of The
Queen'S Majesty'S Courts Of King'S Bench, Common Pleas, And The
Exchequer, Or Before Judices Of Assize, By The Laws Of This Realm
Now In force, Ought To Have Estate Of Freehold In lands,
Tenements, Or Hereditaments, Of The Clear Yearly Value Of Forty
Shillings, That In every Such Case The Jurors That Shall Be
Returned from And After The End Of This Present Session Of
Parliament, Shall Every Of Them Have Estate
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