time or 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 labyrinths 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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