3. It is said that it would be absurd that twelve ignorant men should
have power to judge of the law, while justices learned in the law should
be compelled to sit by and see the law decided erroneously.
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.
Public-domain text, read in full here on John Shaqi.
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