The trial by jury is based upon a recognition of this principle, and
therefore forbids the government to execute any of its laws, by
punishing violators, in any case whatever, without first getting the
consent of "the country," or the people, through a jury. In this way,
the people, at all times, hold their liberties in their own hands, and
never surrender them, even for a moment, into the hands of the
government.
The trial by jury, then, gives to any and every individual the liberty,
at any time, to disregard or resist any law whatever of the government,
if he be willing to submit to the decision of a jury, the questions,
whether the law be intrinsically just and obligatory? and whether his
conduct, in disregarding or resisting it, were right in itself? And any
law, which does not, in such trial, obtain the unanimous sanction of
twelve men, taken at random from the people, and judging according to
the standard of justice in their own minds, free from all dictation and
authority of the government, may be transgressed and resisted with
impunity, by whomsoever pleases to transgress or resist it.[3]
The trial by jury authorizes all this, or it is a sham and a hoax,
utterly worthless for protecting the people against oppression. If it do
not authorize an individual to resist the first and least act of
injustice or tyranny, on the part of the government, it does not
authorize him to resist the last and the greatest. If it do not
authorize individuals to nip tyranny in the bud, it does not authorize
them to cut it down when its branches are filled with the ripe fruits of
plunder and oppression.
Public-domain text, read in full here on John Shaqi.
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