Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1870-12-21
JURORS IN UNITED STATES COURTS.

and Trigg in discharging the petit jury, q
few days since, in the t. s. Circuit Court
at Memphis. Some of the papers have
made the occasion the prctcXt for violent
charge upon the United States Marshals.
The Union ard -tmcricdB, Of Nashville,
says; 1t will be lesson to L. :. Marshas
which they will not disregard. When il
is fairly understood that jurcs are not or
/ ganized to convjct the public, confidence
in the Federal Courts will be greatly in
creased We do not know what grounds
our Nashville cotcmporary has for such in
situations as to the Marshal for that Dis
| trict; but there can be none as against the
Marshal for East Tennessee. The Jurors
! for this District have i'm the main been of
/ the best men in this division o. the State.
! Ave think very likely they have in the
main been Republican in politics, but for
such course the counties of Middle
and West Tennessee furnish abund-
ant presidents. We think tho chai ces
for Republican to be selected as
a juror in Middle or West Tennessee coun-
ties when Democratic officials have the the
cmpannelling to do would be as good as for
a camel to pass through the eye of needle.
We think that the political status of cti-
zens should not be considered in selecting
jurOrs-such is the spirit of the statutes be-
You'd queston-but then, it always has
| been more or less a consideration, both be-
fore and since the war, and both in West
and East Tennessee. Upon this point,
Judge Emmons in discharging the jury re-
| ferred to- said:
An eminent gentleman of the most advanced
Democratic principles said to me last evening
| WELL Judge, nineteen-twentie his of all ju-
rors in Democratic courts in this State are Dem
ocrats Why" said he, Il well remember,
years ago it turned out on examination in the
good old Jackson's days, that for years no Wing
had been upon jury in certain district on the
Federal Court" And all the whilo none of us
knew the extent of our suffering. The fact was,
the jurors were good men, and no sutton ever
inquired into their political creed. He hoped
the time would come when these things should
not be, especially as here 40 much feeling en-
tered into these contests, and where more than
elsewhere such iuries tended to deprive the citi-
zen of that confidence SO necessary TO u Just adj
ministration Ofthe law.
But the jury was not discharged because
IL ras partisan, "a the Press and Hcrdld
said fer days ago. The true reason was
given in the CHRONICLE several days ago.
obtained in reference to selecting jurors
that he had adopted the practice as handed
down to him by Justice Catron of the SUI
preme Court of the United States, allowing
the Marshal to summon the jurors from
the body of the district. The question had
never been brought before him, and he ;ec-
cepted and adopted the practice a. he re-
Ccivcd it from Justice catIon.
The challenge of Col. McRae against the
panel of jurors was based upon the charge
that the whole practice which Judge Trigg,
and Justice Catron long before him, adopt
ed, of allowing the MarShals to select the
jurors, was wrong. Judge Emmoms, on
this point, said
In reference to the challenge which was
made to the Court yesterday, have to say that
we have had it under considerations and, some
what against our convictions of what the law Is
in this respect, we have concluded to sustain the
challenge. This Court deems il proper to give
the reasons they have for SO doing. But before
entering upon these, desire to say few words
in reference to the discussion yesterday, in re-
ference to the political complexion of the jury.
| When it arose both members of the Court were
taken by surprise. 1t was not to be wondered
a'Nthst the Court was very much pcTpeNcd and
did not know ut once what course to pursue.
But we have no doubt that the result will bo
| beneficial. We do not intend at all to take to
account the political features which the case has
apparently been made to wear. After taking
solemn oath to do justice the jury that would
give IA verdict according to their democratic or
republican views, would be unworthy
to sit upon any case. The Court does not think
that jurics would so act. W have
examined the mode in which the Marshal
lectcd the members of the jury, and believe he
has acted from high sense of duty. According
to the act of Congress regulating the cmpanncl-
ing of juries, the general rule is that the -ccc-
ton of Federal iurics must conform Il, nearly rs
practicable to the systcm adopted in the State.
That is the law, and the Court has no discretion
when the terms Of the law are plain am in
formed that in this State there are two modes Of
selecting iurirs. One is by the County Court,
the other By the Sheriff; and it is found in ac-
tual practice that the Sheriff has in hi, own dis
crcti"n the selection of iuric7 much oitencr than
otherwise There is no rcpugnance in the Syo-
ten that prevails here, to the Sheriff selecting
( iurics. If the Court accepts the jury and tries
case, before, it would probably be deemed
n legal jury. II is my opinion that If
prcme Court Of the United States it would be
reversed Why we sustain the challenge is
that thi, jury has not been selected in every
/ particular h the mode which the law directs
/ We deem it better to cause little delay than to
of the Court before the jury.
/ AGRICULTURAL COLLEGE SCRIP.
We clip the following from the Wash