It is wholly improbable that two diferent modes of trial, so nearly resembling each other as this and the trial by jury do, should prevail at the same time, and among a rude people, whose judicial proceedings would naturally be of the simplest kind.
He posits that two similar trial methods could not coexist in a simple judicial system.
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They were even allowed to grant pardon to criminals, and to correct by their clemency the rigors of justice.
Any restriction upon the exercise of this right is a restriction upon his rightful power of providing for, and accomplishing, his own well-being.
And nobody is bound to take the least notice of them, unless it be to trample them under foot, as usurpations.
The presumption clearly is that all were eligible.