When the utmost practicable impartiality is attained on the part of the whole twelve, they are sworn to the observance of justice; and their unanimous concurrence is then held to be necessary to remove that reasonable doubt, which, unremoved, would forbid the government to lay its hand on its victim.
Spooner asserts that a unanimous jury is essential to ensure that justice is served without reasonable doubt.
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When two men meet one upon the highway, or in the wilderness, have they a right to dispose of his life, liberty, or property at their pleasure, simply because they are the more numerous party?
But there is no reason why a judge should have the power of punishing, for contempt, any more than for any other offence.
It was a principle of the Common Law, as it is of the law of nature, and of common sense, that no man can be taxed without his personal consent.
It is also sheer impudence, on their part, to assume that their commands are at all necessary to teach other men what is, and what is not, justice.