In a free government, where the trial by jury is held to be the surest safeguard of personal liberty, the inquiry ought never to be, whether the constitution secures or necessitates this form of trial; for it is enough, if the constitution will permit or tolerate it.
Horace Mann: “In a free government, where the trial by jury is held to be the surest safeguard of personal liberty, the inquiry ought…”
Editor's note · Context
Mann asserts that in a free government, the constitution should be interpreted to support jury trials for personal liberty.
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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.
My instincts, reason, judgment, conscience, may all mislead; but from the first time, now years ago, when I heard this subject broached, my instincts, reason, judgment, conscience, have all been in its favor.
These are but specimens of what the Fugitive Slave law has already done, before the public mind has become familiarized with its brutalities, and while there is yet some sensibility to the claims of justice and mercy left among us.
A southern slave stands higher, politically, than a northern laborer, if the latter must vote as his employer dictates.





