Page:United States Reports, Volume 2.djvu/346

 340 Cases rnied and adjudged in the _ !79$· has, accordingly, fumrnoned fixty from the State at large. To "V‘·’ each Vmire there are no more than feventy-two jurors rezumed. The return of a feparate pannel in each cafe is, likewife, perfeélly conliltent with law, pra€tice, and public conveniency. The indiflments depending are all feparate; none of them are joint. The exception, however, if it is at all available, goes to the senin, and not to the pannel; for the latter is in ftri& confor- mity to the former. After the Court has prefcribed that twelve of the jurors {hall be brought from the proper County, the Mar- ihall has a legl difcretion to bring the reft from any part of the Dillri& at he pleafes. The Court will not, and cannot, interfere with the exercife of that power, unlefs it becomes ne- ceifary, in order to obtain an impartial jury. There mult be as many pannels, as there are Counties, in which ollences are charged tohave been committed; and if twelve jurors are ta- ken from the proper county for each cafe. there can be no le- gal ground to ohjeét that the fame lixty, to compleat the pannel of 72. are returned to all the cafes. But the adverfe doctrine would require the jurors to be brought from everz County in which an odencc is charged. Snppofe, therefore, ve Counties involved, fixty jurors would, of courfe, be returned from them; and if the Court (as it has been contended) cannot increafe that number, then a pirate, or any other felon, charged with an ofence committed out of thofe Counties, could not be brought to trial at the fame term. ad. That it is not necelliry, nor is it material, to furniflr the prifoner with a copy of the caption, as well as of the indictment. The aét of Congret?. mult be prefumed to have been paffcd with a full knowledge of the State law; and by the State law, evinoed and fupported by a conltant praétice, nothing more than a copy of the indictment was required. 1 Du/I. Rep. gg. Suf- ficient appears on the indictment to ihew, what it is incumbent on the profecutor to fhew. The cafe referred to in Fg/I. pxtzg, was that of a fpecial Court, where a caption is undoubtedly ne- celfary; and the dillinétiou is exprefsly fo taken. Fg?. 1 1. 2 Ha·wl·.e. agqf ra6.' gd. That e addition of the jurors and witnelles as to the place of abode, is fudicient; but if the Court think otherwife, time will be allowed to amend it. The acl of Congrefs, how- ever, does not require a fpecificatiou of the occupation of the jurors and witneifes, but only of their names and places of abode; and it cannot be controuled by the provilion of the State af}, which is in that rel'pe€t different, but mult be deemed fubltan- tive and independent. On ' Parrrnsou, juries. The cafes of Special Courtr, or of inferior Courts held by charter, Etc. can furniflr no analogy for this Court, which is a Court of original and permanent jurif iftion. T he pro- ce.t’ings in_ the Kings Bend: can alone be applicable.

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