" So that
Magna Carta does not require any judgment whatever to be
executed so far as to take a party's goods, rights, or person, thereon
unless it be concurred in by both court and jury.
Nevertheless, we may, for the sake of the argument, suppose the
existence of a practical, if not legal, necessity, for executing
some judgment or other, in cases where juries persist in
disagreeing with the courts. In such cases, the principle of Magna
Carta unquestionably is, that the uniform judgments of
successivejuries shall prevail over the opinion of the court. And
the reason of this principle is obvious, viz., that it is the will of the
country, and not the will of the court, or the government, that
must determine what laws shall be established and enforced; that
the concurrent judgments of successive juries, given in opposition
to all the reasoning which judges and lawyers can offer to the
contrary, must necessarily be presumed to be a truer exposition of
the will of the country, than are the opinions of the judges.
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