If, therefore, a succession of juries do disagree on the law of any case, the presumption is, not that justice fails of being done, but that injustice is prevented that injustice, which would be done, if the opinion of the court were suffered to control the jury.
Spooner argues that disagreements among juries may indicate a prevention of injustice rather than a failure of justice.
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A man has a natural right to enforce his own rights and redress his own wrongs.
The people considered their jurisprudence as a part of their inheritance.
The presumption clearly is that all were eligible.
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?