3. It is said that it would be absurd that twelve ignorant men
should have power to judge of the law, while justices learned in
the law should be compelledto sit by and see the law decided
erroneously.
One answer to this objection is, that the powers of juries are not
granted to them on the supposition that they know the law better
than the justices; but on the ground that the justices are
untrustworthy, that they are exposed to bribes, are themselves
fond of power and authority, and are also the dependent and
subservient creatures of the legislature; and that to allow them
to dictate the law, would not only expose the rights of parties to
be sold for money, but would be equivalent to surrendering all the
property, liberty, and rights of the people, unreservedly into the
hands of arbitrary power, (the legislature,) to be disposed of at
its pleasure. The powers of juries, therefore, not only place a
curb upon the powers of legislators and judges, but imply also an
imputation upon their integrity and trustworthiness: and these are
the reasons why legislators and judges have formerly entertained
the intensest hatred of juries, and, so fast as they could do it
without alarming the people for their liberties, have, by
indirection, denied, undermined, and practically destroyed their
power.
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