The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-10-21
THE jury sox osCE MORE,

Our editorials OF Monday and yesterday,
as we'll as the comments OF q morning cotem-
porary, upon the subject Of 'the Jury Boz"
are attracting much attention.
By some, at least, II Is deemed better 70
abide by the law as 1t Is, until It can be
legally and deliberately amended, than TO
assume any doubtful powers. The act OF
June 10, 1869, provides that, "on or before
the nrst day Of February in each year there
after," a list Of names Of Ave hundred and
twenty "whte male citizens, taxpayers"
under specific restrictions, should DO placed
for safe-keepiug In the hands Of the clerk OF
the Circuit Court of Washington county,
from which juries should DO drawn wi1hin
tho District Of Columbia during tho ensu-
ing year. The mode Of drawing, and eo~ds-
tionaly adding to tho number BY talesmen,
IL sufficiently stated In the hfth and seventh
sections Of that act. The condition b the
exhaustion of the list thus in the hands Of
the clerk Of the court, "by reason Of chal-
lenge or otherwise"
The first section Of the act Of March 8,
1865, regulating proceedings In criminal
cases, and for other purposes" together with
section five, containing q repeating clause,
was by some supposed to have been relied
upon as justifylng late proceedings regard
ing jurors'in the District. But the act Of
subsequent date, December IS, 1862 In
amendment OF the act Of June 10, 1859, VI
tlates that idea, aud explicitly restores the
condition referred to, even II 1t had Lost Its
vitality in virtue Of the previous act. It
makes provision in terms for jurors after ''all
Of tho names In the box, provided for In the
fourth section Of the act to which this ID an
amendment, shall have been drawn out Of
the same at any term Of the court before the
1rst day Of February next, ensuing" Then,
and In that case only, "tho Court, or any
judge thereof, may order The marshal L
summon" talesmen having proper qualifca
tlons. ...
But this discretion OF the court seems "a
be eclipsed at another point. It seems to Be
exercised at the outset and In the orgauixa-
ton Of the court for the October term. No
body has heard that the panel or list Of
names put In the box last February Is ex-
hausted, and yet no further drawing from
tho box Is made, but the marshal 10 In
structed to summon talesmen, and curious
incident thereto is that one Of them at least
has been constantly member Of the grand
Jury for several successive terms Of the
court. The provision authorizing the sum
moniug Of talesmen, besides, seems to con-
template only necessity growing out Of GO
capital case" as murder, arson, treason, O
other extraordinary crime.
The idea OF our contemporary, that tn,
discretion of the court is unabridged by tn
condition, is decidedly original II not bril-
liant. To plain people 1t looks like ignorlnI
law. 1t Is regarded as stretching . poiu
when an officer Of the law Is proupted I,
the violation Of law, even to accomplish tn,
choice Of a fair proportion Of present jurie
"from our coloied citizens, taI-payers.'
They will doubtless be entirely satisfied Il
become participants in juries and have tn
full benefit Of their rights as citizens an
taxpayers in virtue Of the act Of March II
1869, "for the further security Of equs
rights" in pursuance OF law, when tho III
Of names Is prepared for February next.
The intimation Of our contemporary ths
we are opposed to colored jurymen 10 unJui
as 1t Is untrue. In our first article on tn
subject we distinctly used the following
language;
ave have not the least objection to eolore
men as Jurors, for the result OF cases tried 1
the Criminal Court prove that they act Wit
as much fairness, Justice and impsrtiahty
white men"
We do not object to the juries becau
colored men are on them, but We do obje
because the law was violated. It was vi
lated not only in the summonIng OF Il
Jurors, but also in the manner In which the
were summoned. The marshal Of the Dl
trlct doubtless summoned the jurorsi br
who prepared the llsti We have no doul
the author Of the article In our cotemporar
can answer that question. WIN he do 1t