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In a case which of all cases most require a jury de medietate, in a case which sprang out of the mutual hostility of races and sects, you pack a jury all of one race and all of one sect. Why, if you were determined to go on with this unhappy prosecution, not have a common jury?
The jury de medietate linguae is of immemorial antiquity among us. Suppose that a Dutch sailor at Wapping is accused of stabbing an Englishman in a brawl. The fate of the culprit is decided by a mixed body, by six Englishmen and six Dutchmen. Such were the securities which the wisdom and justice of our ancestors gave to aliens.
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