The question, then, between trial by jury, as thus described, and trial by the government, is simply a question between liberty and despotism.
Lysander Spooner: “The question, then, between trial by jury, as thus described, and trial by the government, is simply a question between…”
Editor's note · Context
This quote contrasts trial by jury with trial by government, framing it as a choice between freedom and tyranny.
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Juries would refuse to enforce a tax against a man who had never agreed to pay it.
Since Magna Carta, we have evidence showing quite conclusively that all freemen, above the age of twenty-one years, were eligible as jurors.
In nearly or quite all the States of the United States the juries are illegal, for one or the other of the same reasons that make the juries in England illegal.
The answer is, that they are as reliable for that purpose as are the majority; they are as much presumed to have associated, and are as likely to have associated, for that object, as are the majority; and they have as much interest in such…