Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-04-25

ing the practice, that has obtained i
latter days, in summoning jurors fo
the Federal Court. Hereafter the pre-
visions OF the act of Congress of 18I
will be obeyed by conforming the prac
tice III the Federal Court to the mod
prescribed by the law of North Caro-
lima.
All that our people ask is a fair hon
est impartial trial before an impartia
jury, and we are therefore pleased to
see that the Federal Judge is disposed
to grant SO simple demand. 1T may
indeed, lessen their appreciation Of
this return to ''the old paths;,' Will
some, to believe that it ought to have
been ordered by His Honor AS a mat
of grace or courtesy. 1t has been SO
long, however, since Federal or State
officials have made the law their rule
of action in dealing with our people
that we are not disposed to be too
nice in looking into the motives when
they do happen to do the right thing
We append the remarks of His Honor
III relation to the matter, protesting
that at no time since the war ended
would law and justice have been more
grossly outraged by the admission
into the Federal Jury box of the most
embittered opponents of the Federal
Government in North Carolina than
they have been by the men whom Car
row and Bond have permitted to 'stry
and truc deliverance make" of the
issues between our people and the
Federal Government. We protest
also against the indecency of the spec
tacle when Judge, Federal or State,
pleads unblushingly and i'll open Court
as an excuse or justification of judicial
action s'the necessity of the circum-
concurrence of the Chief Justice"
''Thus saith the law" and not the
exigency of the times ought to be the
rule of action for a Judge.
But, as we have said, we are not dis
posed to be captious or critical. It is
sad state of things, however, that
people should be compelled to accept
a favorable judicial decision, without
comment, upon the principle that
lone must not look a gift horse in the
mouth.
We shall be truly grttified if His
Honor enforces the rule to sform =
jury list of honest, Intelligent and
patriotic citizens residing in counties
convenient to the Court" It will be a
great change and great Improvement
certainly.
y ith these comments, We give the
extracts, as We find them in the Nr,r
-\r.'H .>2atc. Judge Dick sail:
CAS- I have heard some complaints
as TO the manner in which juries are
summoned III the Federal Courts of
this State, | viii explain to you the
law upon that subject, and give the
reasons for the present mode Of pro-
cedure The Act of July 20. 1910,
jllries i'll the Federal Courts, shall be
assimilated as nearly as practicable to
he mode prescribed by the laws ofthe
State in which such Courts are held. =
This provision is merely directory and
was fully carried ont before the rebel
lion. When the United States Courts
we're re-established in this State after
the war, Judge Brooks, presiding III
t, ii
State practice, and for this purpose. he
directed the Clerks of his Courts, to
write to the Clerks Of the State Courts
III several convenient counties and re-
quest them to furnish the names OF
duly qualified persons to form a jury
list for the L. S. Courts. This request,
i'll many instances, was neglected, and
in others was positively refused. At
that time, there was a very decided
feeling of hostility in many of our State
officers, toward the general govern
ment ; and the experiment made hy
Judge Brooks, showed cuncI1lsivcly,
that it WAS not practicable, or proper,
to adopt the State practice III forming
jturies, for the safe and impartial adj
ministration of justice, and the faithful
enforcement of the laws of the United
States in the National Courts. Under
these circumstances, the present rule
OF Court, by which Federal iuries are
formed, was made, i'll accordance with
law, the necessity of the circumstances.
and with the concurrence of the Chief
Justice.
Those who complain of this rule as
a grievance, cannot justly blame the
Court for not complying with the gen
erous and liberal spirit of the law,
when the rebellious and partisan tenn
per of the times rendered a strict
compliance unsafe, unjust and i'm
practicable.
Gas circumstances have greatly
changed, and sensible, hbera! and
patriotic feeling now bagins to perva1e
the country. I will at this term make
a rule of Court, adopting the State
practice on this subject, and form a
jury list of honest, intelligent and pa
triotic citizens residing in counties
convenient to the Court.
"Of course, those persons who hate
the government, and publicly express
their feelings of hostility, ought not
expect or desire to be called upon to
administer justice in its Courts, for
they could not be impartial jurors.
81 will endeavor to keep all bitter
partisans of both political parties from
the jury lists, SO that every citizen
who is to be tried, shall have his cause
submitted to an honest, unpreiudiced
and impartial jury. If at any time L
have good reason to believe that a
juror is Influenced by political feeling,
or any other prejudice, he will be dis
charged from the jury and his name
stricken from the jury list. -
FATE OF THE OUTLAWS OF
GRANT PARISH IN LOUISIANA.
We take the following from the New