Practically speaking, no government knows
any limits to its power, except the endurance of the people. But
that the people are stronger than the government, and will resist in
extreme cases, our governments would be little or nothing else
than organized systems of plunder and oppression. All, or nearly
all, the advantage there is in fixing any constitutional limits to the
power of a government, is simply to give notice to the government
of the point at which it will meet with resistance. If the people are
then as good as their word, they may keep the government within
the bounds they have set for it; otherwise it will disregard them as
is proved by the example of all our American governments, in
which the constitutions have all become obsolete, at the moment
of their adoption, for nearly or quite all purposes except the
appointment of officers, who at once become practically absolute,
except so far as they are restrained by the fear of popular
resistance.
The bounds set to the power of the government, by the trial by
jury, as will hereafter be shown, are these that the government
shall never touch the property, person, or natural or civil rights of
an individual, against his consent, {xcept for the purpose of
bringing them before a jury for trial,) unless in pursuance and
execution of a judgment, or decree, rendered by a jury in each
individual case, upon such evidence, nd such law, as are
satisfactory to their own understandings and consciences,
irrespective of all legislation of the government.
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