If, then, this power is a “judicial power,” the constitution peremptorily forbids that it should be vested any where but in a “court,” whose “judges” are nominated, confirmed, sworn, hold office, are paid, and are removable, according to its requirements.
Mann argues that if the power in question is judicial, the Constitution mandates that it must reside within a court, adhering to its stipulations.
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Let me read to you the disparaging and contemptuous remark of the address on that great palladium of human liberty, the trial by jury.
The man of independent circumstances has this liberty; and no man’s circumstances, not even the poorest and the humblest, should be so dependent as to take it away.
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…
The liberty of voting includes all other liberties.
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