3. That these presumptions shall be overcome, in a court of
justice, only by evidence, the sufficiency of which, and by law,
the justice of which, are satisfactory to the under- standing and
consciences of all the jurors.
These are the bases on which the trial by jury places the
property, liberty, and rights of every individual.
But some one will say, if these are the principles of the trial by
jury, then it is plain that justice must often fail to be done.
Admitting, for the sake of the argument, that this may be true,
the compensation for it is, that positive injustice will also
often fail to be done; whereas otherwise it would be done
frequently. The very precautions used to prevent injustice being
done, may often have the effect to prevent justice being done. Bu
are we, therefore, to take no precautions against injustice? By no
means, all will agree. The question then arises Does the trial
by jury, as here explained, involve such extreme and unnecessary
precautions against injustice, as to interpose unnecessary
obstacles to the doing of justice? Men of different minds may very
likely answer this question differently, according as they have
more or less confidence in the wisdom and justice of legislators,
the integrity and independence of judges, and the intelligence of
jurors.
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