On the record
The proper question is, not whether the constitution expressly demands the jury trial, but whether it will, by any fair implication, allow it.
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gutenberg.orgHorace Mann: “The proper question is, not whether the constitution expressly demands the jury trial, but whether it will, by any fair…”
Editor's note · Context
Mann emphasizes the importance of interpreting the Constitution to ensure the right to a jury trial for alleged fugitives.
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But such largesses to slavery as kings could not afford to give, and the robbery of an entire race of all its rights,--yes, and with authority, too, to make us help commit the robbery,--these are “factitious and imaginary” causes of…
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!
Men of Massachusetts! moral and religious men! lovers of freedom and of your country, were you prepared for this?
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