Hollingsworth v. Duane

The Court,

after a long advisement upon the subject, seemed to think, that alienage might have been a cause of challenge, before the juror was sworn ; but upon an extensive review of the authorities, they decided, that advantage could not be taken of it, after verdict.

Rule discharged. ^(a)

(a) Since the discussion of this case, the marshal has been directed not to return aliens upon the panel; and, in many instances, when aliens have been returned, the state, as well as the federal, courts have discharged them, upon their own application.