The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-02-24
THE NATIONAL ERA: WASHINGTON D. c. FEBRUARY a. 1859

Massachusetts,, if not in all New England, juries
are drawn in the same manner in both the Fed
era and State courts, and that is by lot from the
body of such of the freemen as are not rejected
by the towns for cause
In Ohio, for the State courts, the trustees of
each township annually return to the county
clerk the names of certain number of qualified
citizens, according to population, from which
number all regular jurors are drawn by lot.
The object of such mode is to insure popularity
and impartiality; and more effectually to secure
the latter, have various provisions for striking
juries, changing venue, &c. The selection of
preudiced jury is substantial denial of the jury
trial. ay, and worse it is poison for bread, curse
for blessing And any mode of selection that
shall endanger impartiality, that shall offer ia
cilities to take them from party to make them
represent class rather than the body OF the
people, is fraud on the Constitution. An hon
est man, rather than countenance such fraud,
would boldly deny altogether the jury trial OF
what value to the citizen accused of crime is the
constitutional guarantee, if the State select the
jury2 1t is worse than a mockery; and yet such
is the fact in our Federal courts The clerk and
the marshal, the creatures of Government, one
directly and the other indirectly holding at the
will of Government, by rule of court select the
names from which jurors are drawn to decide
upon the truth of Government accusations And
this power given the Government to convict any
one it Wills is called constitutional liberty
and such prosecutions, trial by ones peers"
educ process of law" &C. Give US, if you
please, the naked knout or bowstring; but away
with shams, and no longer prostitute the forms
of liberty to the overthrow of its substancel
1t is not my purpose to blame the court for the
rule referred to. The State method of selecting
jurors may be impractcable, without further
legislation. If not, the duty of the court, under
the law, is clear; and it seems TO me that rule
requiring the Federal clerk to request the clerks
of the several counties to draw for him, from
their regular jury box, the names from which
the Federal PANEL is to be flied, would much
more nearly follow the present statute, requiring
conformity to the State method, than the rule
adopted. But the method propose, requiring
the sherifs of the several counties to return the
names, is better than either, as it insures both
impartiality and a probable selection of more
competent men.
Mr. Chairman, / am friend of this Union and
of its Government, and demand that it do its
whole duty within its jurisdiction. would
curtail no just power. The States have yielded
the power to levy imposts. would have them
so levied least to Cypress and most to encour-
age the business and labor Of the country. They
have given the power TO make rules and regula-
tons respecting the common territory; would
have them so regulate it as to prevent the mo-
nOpoly of the soil and the oppression of the set
tier. They have yielded the power to regulate
commerce; | would have them so regulate it as
to protect not alone from foreign aggressions,
but protect it in its avenues, in its depots,
whether by frgate, by lighthouse, by pier, or by
snag-boat; and continue to protect it, until its
subjects shall be brought within the exclusive
jurisdiction of the States. SO of all powers |
would have them exercised in good faith and for
the common good, notwithstanding Federal
recklessness and Federal neglect almost make
US repent the grants. But the pO,oerS reserved aCe
must keep. Most of all must we hold on to our
judicial power over citizens and corporations
within the States, over State criminal laws, and
the power to judge of the reservations of the
Constitution, where the liberty and property of
the citizen is unconstitutionally endangered by
foreign tribunals.
True conservatism supports State sovereignty.
The Federation has primarily no citizens we are
all citizens of the States All our governmental
relations at home with the State. Our ten
thousand personal and property relations are
under cognizance of the State. Engaged in the
peaceful pursuits of industry, we regard Federal
action, as applied to persons, almost as that of
foreign Government; and only pray to be let
alone. We look to the States alone for protec-
ton in person; for protection in property The
efficiency Of that protection depends upon the poorer
ofhe State. Destroy that power and you beat
down the shield of every mans rights. Hence
the contest for State sovereignty is idle strife
between powers but conservation OF power in
the only sovereignty that can protect.
| am also friend of the Federal courts, though
| regret the mode of their organization. For GER
tain Federal purposes we need them for those
purposes l would purify and preserve them.
show not my friendship for the fallen by encour-
aging their prostitution but, surrounding them
with restraints and motives, bid them go and
sin no more. The people are becoming reused
to the true nature and alarming encroachments
of the Federation. They look upon the judiciary
as the right of those entertainments They
will never yield their liberty; and if these things
continue without remedy the Federal courts must
fall. ! would save them by timely reform.