eternity; experienced and honest guides rarely venture to predict.
Was there ever such fatuity as that of a nation of men madly bent
on building up such labyrinhs as these, for no other purpose than
that of exposing all their rights of reputation, property, liberty,
and life, to the hazards of being lost in them, instead of being
content to live in the light of the open day of their own
understandings?
What honest, unsophisticated man ever found himself involved
in a lawsuit, that he did not desire, of all things, that his cause
might be judged of on principles of natural justice, as those
principles were understood by plain men like himself? He would
then feel that he could foresee the result. These plain men are
the men who pay the taxes, and support the government. Why
should they not have such an administration of justice as they
desire, and can understand?
If the jurors were to judge of the law, and the justice of the
law, there would be something like certainty in the administration
of justice, and in the popular knowledge of the law, and men
would govern themselves accordingly. There would be something
like certainty, because every man has himself something like
definite and clear opinions, and also knows something of the
opinions of his neighbors, on matters of justice. And he would
know that no statute, unless it were so clearly just as to command
the unanimous assent of twelve men, who should be taken at random
from the whole community, could be enforced so as to take from him
his reputation, property, liberty, or life. What greater certainty can
men require or need, as to the laws under which they are to live?
If a statute were enacted by a legislature, a man, in order to know
what was its true interpretation, whether it were constitutional, and
whether it would be enforced, would not be under the necessity of
waiting for years until some suit had arisen and been carried through
all the stages of judicial proceeding, to a final decision. He would
need only to use his own reason as to its meaning and its justice,
and then talk with his neighbors on the same points. Unless he
found them nearly unanimous in their interpretation and approbation
of it, he would conclude that juries would not unite in enforcing it,
and that it would consequently be a dead letter. And he would be
safe in coming to this conclusion.
There would be something like certainty in the administration of
justice, and in the popular knowledge of the law, for the further
reason that there would be little legislation, and men's rights
would be left to stand almost solely upon the law of nature, or
what was once called in England "the common law," (before so
much legislation and usurpation had become incorporated into the
common law,) in other words, upon the principles of natural justice.
Of the certainty of this law of nature, or the ancient English
common law, I may be excused for repeating here what, I have
said on another occasion.
Public-domain text, read in full here on John Shaqi.
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