New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-07
LETTERS FROM THE PEOPLE.
.UIRORS IN GEORGIA.


A INDUSTRIOUS LAPSE OF MEMORY OR wIfFUL
PERvERsIoN OF FACTS or THE PART OF sENA-
TOR HILL.
To the Editor Of the Tribune.
SIR: In the Washington correspondence OF
your issue OF the l7th nst Senator Hi Is represented
az saying that in 1872 the judges of the United states
Courts IN Georgia discontinued the State system OF
selecting Jurors previously ia operation ~ their courts
and ordered the United states Marshal to select Jurors
himself from the body OF the cltzens aud as asserting
that the marshal under this authority literally packed
the Federal juyboxes with Jurors who would be nohg
ibe to sit upon jurios IN State Courts"
Prior to December. 1872 the Of Jurors In the
Federal Courts OF Georgia obtained from the
clerks the Superior Courts OF the different counties
OF the State who selected them from their own jury
lists. Asa result Of this method, no indictment what
could he secured under the enforcement acts and
very few convictions, I'm the planest cases. OBJ
tanned for any violation Of the United States laws The
upright and Intelligent" jurors of the state Courts
seemed favor when called upon to act In the
Federal Courts. IL an open boast among inc lIc
dstlers that they no longer feared punishment, be-
1urcs Of the United States Courts were com
posed OF their friends and sympathzrs. Iais dlshci
nation to convict paroles clearly guilty WAS so apparent
that In December 1872, the Court amended its Jury
rules and directed that three United states Commits
sloners appointed by the Court together with the mar
shall aud the clerk Of the Court should select upright
and intelligent persons citizens Of the judicial district
regard race, color etc. 10 serve as jurors
whose should be placed in box to be drawn rs
needed.
The state system, formed when tho Republicans were
IN power in Georgia. which Senator Hi 50 highly eu,o-
g1zcs provides for the appointment OF three commits
Sioners by the Judge the Superior Court, who with
the clerk Of the COur and another county officer, shan
select upright and intelligent citizens To serve ~ jurors
and place Their names IN OoN 10 De Drawn as hec"eu.
The Federal Court, 50 far from disseminating thls
State systCm an l-T2 as senator Hill asserts IN sub
substance strictly COnOrmed 10 II. ~ made no atera-
tiOn IN this system; 10 only changed tie agency OF
selection from state officials TO officers appointed ny
t.e and IN conformity with state praclcc. senator
HE and his friends insisted that the United states
Courts should not Ou!y follow me Sair system 3i -sett
jurors, bur should also adopt The states se!tcuOns
This latter the Court having after far trhi lOund IL
ucXpcdcnt, declined t0 do, and since lS1z mas MADE
these selections through its own officers.
In changing TINS agcncy,u Is also untrue that me
Judges ordered marshal 10 select the jurors himself
1t appears from That he Is only Of nvc
officers grated tuat purpose and, Therefore can
exercise the irresponsible power claimed Nor j.
fact that this rule the ilrybONcs were packed
with improper persons as insnuaied. some OF me
Jurors taken may have been n"hgibe Iof lutes III uo
state Courts because not qualified, but SIMPLY be
cause being CJluTCd. they wOud not have been selected
by the State officials. Toe method adopted In lSI2 has
been In force since. and have yet 10 learn o any
selected under " Deen ChtlleuBeh
OF iutcEcuC uprgntncss, the essential quaillca-
tOns rcUued. II Senator Hill mas ever advised any OF
hls clients he in the first report o. ls speech,
must have been not on account OF packed tcs as ne
the Senate believe, Du because they needed
that mercy winch only the guilty can need.
Senator III employed as counsel TO oppose TINS
jury rule OF 1872 aud became perfectly FAMILIAR WIN
IT, HIS present misrepresentation OF it IN the senate
must therefore be INDUSTRIOUS lapse Of memory or else
Wiliul perycrslUu Of facts Respectfully,
W IL. sMYTu late U. ). Marshal of Georgia.
AHdRtq, Ga, June 10, 1879.