Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1858-12-29
United States Court Julies.

We give the following rule of the District
Court for the Northern District of Ohio, that
an interested public may know in what manner
iuries are selected TO determine matters in issue
between the federal government and the citi.
zens of Ohio.
RULE A. There shall be provided by the
| clerk box, in which, at the clerks office, at
least thirty days previous to each stated term
of this Court, the Clerk and Marshal shall de-
poste on separate slips of paper, one hundred
names of men in the District having the quail
tica'ions of Jurors in the State Courts, and the
Clerk and the Marshal shall then and there, in
tue presence of one of the Judges of this Court
(Or, if both be absent, then in presence of one OF
Judges of the Court of Common Pleas of Guy
ahoga County,, draw from said box twenty-fouI
names, from which the Grand Jury shall be
taken, and then twenty-four other names shall
be drawn, from which the Petit Jury shall be
selected, and the names thus drawn and select
ed shall forthwith be inserted in the respective
'venires' for the Grand and Petit Jurors, which
shall without delay. be placed in the hands OF
the Marshal for service"
1t will be seen that the rule affords the Clerk
and Marshal every opportunity to pack Grand
and Petit Juries with political partisans, and
with direct reference to the execution of a law
which even Judge Wilson has officially declar-
ed "may, and unquestionably does, contain pro-
visions repugnant to the moral sense of many
good and conscientious people"
That such dangerous power is liable to be
abused is fault of poor human nature; and the
agents to select jurors ought to be removed as
far as possible from the officers of the Court to
try issues which should be fairly and impair
tally made up and adjudicated. Trial by jury
becomes a mere mockery when juries are pack
eI TO accomplish party ends. and are tainted by
men whose chief recommendation is tealty
TO party, and clamor for reward for doing the
dirty work Of the chief wire-workers. We IN
derstand the usual practice is for the Clerk and
Marshal to make up the list of one hundred
names, almost exclusively from office holding or
seeking small and beer brawlng politicians,
who put themselves forward as candidates for
" two dollars day and roast beef in reward
for their valuable services IN township, county,
State, and National elections. Soundness on
the 'goose question is an indispensable quail
fcation; and the records of the Northern Dis
trict Court, show that if one of the class named
is sunk SO low as to prostitute his son, 4 mere
lad, to inveigling and kidnapping fugitive,
and himself to the Indictment of his fellow citi-
zens and neighbors for reseuing the stolen man
from life of slavery, that the Clerk, the Mar
shal, the Judge, and the other Grand Jurors
consider it no disqualification Need further il
lustration of the danger of the abuse of the
power conferred on the Clerk and Marshal in
the rule quoted, be given!
We are glad to see that this subject is attract
ing the attention ofCongress, and that the fol-
lowing bill, for the purpose of preventing the
packing of juries in the U. S. District Courts,
has been introduced in the House by the Hon.
P. Bliss, of Ohio. 1t is entitled An Act to pro-
vide for the empanneling of juries, for the U. s.
District and Circuit Courts. of the State of
Ohio, and should become law before the 4th
of March next Its provisions are:
Be 1t enacted, DC, That the clerks of each of
the district courts of the United States of the
State of Ohio, shall, on the first Monday of De-
cember, of each year, give notice TO the sheriffs
of each county within his district, to furnish,
within twenty days of such notice, the names
of such number of persons, residents of said
counties, qualified by law to act as jurors in the
courts of record of said State, as shall be desig
mated by said clerk; from which number the
grand and petit jurors of the circuit and district
courts of the United States within said State,
for the ensuing year, shall be drawn by lot
But not more than six shall be designated for
any une county, and they shall be apportioned,
as near as may be, according to population; and
the said clerk shall file and preserve the returns
so made by said sheriffs.
Sec 3 The clerk shall forthwith write the
names of the persons so returned upon separate
and equal slips of paper, and keep them IN a
sealed box, and whenever grand or petit jury
shall be required according to law for either of
said circuit or district courts the clerk shall in
open court, if in session, publicly in presence
Of the Marshal, if in vacation, draw by lot said
jury from said box, and forthwith issue his We.
nire for the same. And when, from challenges
OF otherwise, there shall not be full Grand Ju-
~ for the term, or petit jury for any civil or
criminal cause, The Marshal shall, by order of
the court, return jurymen de tGlIbuS sufficient to
complete the paEel; and when the Marshal is
not an Indifferent person, or is interested in the
event of a cause, such jurors may be returned
1y disInterested person to be appointed by the
court. PrOuided, that whenever it shall become
to return such tailsmen for any petit
jury, either party may make summary appli-
cation to the court to issue ceniTe, and the
court shall forthwith issue UeRire containing
the names of such number of persons qualified
or jurors as aforesaid, as the court shall deem
expedient-