Melville Fuller

“ Nothing is said as to when this matter came to petitioner's knowledge, and, for aught that appears, it may have been inquired into by the courts of New Jersey, and the fact determined to be otherwise than alleged, or the objection may have been raised after verdict, and overruled, because coming too late. The statute of New Jersey provides that every petit juror returned for the trial of any action of a criminal nature shall be a citizen of the state, and resident within the county from which he shall be taken, and above the age of 21 and under the age of 65 years ”

“ The line of argument seems to be that by the common law as obtaining in New Jersey an alien was disqualified from serving on a jury; that the disqualification was absolute; that the common law could not be changed in that particular under the state constitution; that the proviso was, therefore, void; and that, if an alien sat upon a jury, the commonlaw right of trial by jury would have been invaded. So far as the petition shows, this contention may have been disposed of adversely to petitioner by the state courts ”

“ The disqualification of alienage is cause of challenge propter defectum, on account of personal objection, and, if voluntarily, or through negligence, or want of knowledge, such objection fails to be insisted on, the conclusion that the judgment is thereby invalidated is wholly inadmissible. ”

“ State v. Bunger, 14 La. Ann. 461; State v. Beeder, 44 La. Ann. 1007, 11 South. 816; Foreman v. Hunter, 59 Iowa, 550, 13 N. W. 659; State v. Patrick, 3 Jones (N. C.) 443; Brown v. State, 52 Ala. 345; Brown v. People, 20 Colo. 163, 36 Pac. 1040; State v. Jackson, 27 Kan. 581, and cases there collected.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”