And no more tyrannical principle was ever avowed, than that the will of the majority ought to have the force of law, without regard to its justice; or, what is the same thing, that the will of the majority ought always to be presumed to be in accordance with justice.
He condemns the principle that majority rule should be equated with justice, calling it tyrannical.
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All those who are not forbidden by law may be judges (jurors).
Proud from victory, and with their swords in their hands, would they surrender their liberties to a private man?
In that case the trial is really a trial by the government, and not by the jury.
In this manner all unjust laws are established, and made operative against the rights of the people.