PETERS, Justice.
I have no doubt of the power of the Court, to order a tales in special Jury causes. It might have been done, I think, under the Act of Assembly; but unquestionably it may be done under the Act of Congress. There ought, however, to be such a discretion in using it, as to prevent any injury to either party; and, therefore, a trial should not be forced on, without a reasonable delay to bring in the Jurors that had been regularly selected.
IREDELL...
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