One answer to this objection is, that the powers of juries are not
granted to them on the supposition that they know the law better
than the justices; but on the ground that the justices are
untrustworthy, that they are exposed to bribes, are themselves
fond of power and authority, and are also the dependent and
subservient creatures of the legislature; and that to allow them
to dictate the law, would not only expose the rights of parties to
be sold for money, but would be equivalent to surrendering all the
property, liberty, and rights of the people, unreservedly into the
hands of arbitrary power, (the legislature,) to be disposed of at
its pleasure. The powers of juries, therefore, not only place a
curb upon the powers of legislators and judges, but imply also an
imputation upon their integrity and trustworthiness: and these are
the reasons why legislators and judges have formerly entertained
the intensest hatred of juries, and, so fast as they could do it
without alarming the people for their liberties, have, by
indirection, denied, undermined, and practically destroyed their
power. And it is only since all the real power of juries has been
destroyed, and they have become mere tools in the hands of
legislators and judges, that they have become favorites with them.
Legislators and judges are necessarily exposed to all the
temptations of money, fame, and power, to induce them to
disregard justice between parties, and sell the rights, and violate the
liberties of the people. Jurors, on the other hand, are exposed to
none of these temptations. They are not liable to bribery, for
they are unknown to the parties until they come into the jury-box.
They can rarely gain either fame, power, or money, by giving
erroneous decisions. Their offices are temporary, and they know
that when they shall have executed them, they must return to the
people, to hold all their own rights in life subject to the
liability of such judgments, by their successors, as they
themselves have given an example for. The laws of human nature
do not permit the supposition that twelve men, taken by lot from the
mass of the people, and acting under such circumstances, will all
prove dishonest. It is a supposable case that they may not be
sufficiently enlightened to know and do their whole duty, in all
cases whatsoever; but that they should all prove dishonest, is not
within the range of probability. A jury, therefore, insures to us
what no other court does that first and indispensable requisite
in a judicial tribunal, integrity.
4. It is alleged that if juries are allowed to judge of the law,
they decide the law absolutely; that their decision must
necessarily stand, be it right or wrong; and that this power of
absolute decision would be dangerous in their hands, by reason of
their ignorance of the law.
Public-domain text, read in full here on John Shaqi.
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