This example is sufficient to show that the very pith of the trial by jury, as a safeguard to liberty, consists in the jurors being taken indiscriminately from the whole people, and in their right to hold invalid all laws which they think unjust.
Lysander Spooner: “This example is sufficient to show that the very pith of the trial by jury, as a safeguard to liberty, consists in the…”
Editor's note · Context
Spooner emphasizes that the essence of a jury's role in safeguarding liberty lies in its composition from the general populace.
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When they have once taken our money, they have the decency to get out of our sight as soon as possible; they do not persist in following us, and robbing us, again and again, so long as we produce anything that they can take from us.
They do not tell us that they have established infallible supreme courts, to whom they refer all questions as to the legality of their acts, and that they do nothing that is not sanctioned by these courts.
They do not attempt to deceive us, or mislead us, or reconcile us to their doings, by any such pretences, impostures, or insults as these.
They neither ask, nor expect, any mercy, if they should ever fall into the hands of honest men.