In both the cases supposed, such a doctrine would take away a man’s rights in the most odious manner, by taking away the legitimate and constitutional means of defending them.
Horace Mann: “In both the cases supposed, such a doctrine would take away a man’s rights in the most odious manner, by taking away the…”
Editor's note · Context
Mann warns that such doctrines would unjustly strip individuals of their rights and legal defenses.
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The kidnapper, Alberti, now lies in a Pennsylvania prison for carrying away a mother and her child; but the mother and the child are now groaning under the lash of a southern taskmaster.
Let me read to you the disparaging and contemptuous remark of the address on that great palladium of human liberty, the trial by jury.
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.
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.





