823 | [To the Earl of Hillsborough?]

    Pall mall feb 3 1770.

    My Lord

    I think it proper to report to your Lordship the result of my enquiries concerning the use of Special Juries in America so far as they have gone.

    In New York & New Jersey Special Juries are frequently used: they are struck1 by one of the Judges instead of the Clerk of the Court; which perhaps may be the best way. Also the ordering a Jury from a different County from ^that^ whence the Cause arrises, which is called changing the Venue, is often done by rule of Court upon cause shown ^commonly practised in both those provinces^.

    In Pensylvania Special Juries, called there struck Juries, are frequently used: they are named by the prothonatory.2 In Virginia where the Governor & Council are the Judges of the Superior Court, ^& hold their Courts at Williamsburgh twice a year^, The Sheriff returns the Juries from among the people who attend the Superior Court which is held at Williamsburgh twice a year. And in mercantile ^Causes^ the Sheriff, by order of the Court, returns a Jury of Merchants of his own selecting: there is no other way of appointing a special Jury there

    I cant find that Special Juries are used in New hampshire: they are probably governed by the practice ^usage^ of the other Colonies of New England. I have not as yet been able to learn what is the Usage ^practice^ of Maryland & the two Carolinas: But have no doubt but that South Carolina uses Special Juries; and it is most probable North Carolina does the same. ^Special Juries prevail in the two latter^ ^I should have observed before that the Use of Special Juries in New York & New Jersey has ^not^ been introduced by an Act of Assembly but an adoption of the practice of England by order of the Court. I shall make enquiry of into these usage of the other Colonies by the first opportunity. At present out of the 4 Colonies South of New England 3 of them appear to use Special Juries; the other has something Very like them.

    I am, with great respect, My Lord Your Lordships most obedient & most humble Servant

    ADft, LbC      BP, 8: 176–179.