Even if Congress had declared, by express words, that the commissioners appointed by the circuit and district courts should be taken and held to be “judges,” it would not make them so; for Congress cannot delegate any power to judges to appoint judges, nor to courts to make courts.
Mann argues that even explicit congressional declarations cannot change the fundamental nature of judicial appointments.
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Better be debarred from the privilege of voting at all, than to be mocked with the form, while cheated of the substance.
Why, fellow-citizens, the ballot is worse than useless, if it be not FREE!
Let me read to you the disparaging and contemptuous remark of the address on that great palladium of human liberty, the trial by jury.
Men of Massachusetts! moral and religious men! lovers of freedom and of your country, were you prepared for this?
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