And there the matter would end, for evil, though not for
good; for thenceforth parties, warned, of the danger of losing
their rights, would be careful to transact their business in a
more clear and intelligible manner. Under the other system the
system of legislative and judicial authority positive injustice
is not only done in every suit arising under unjust laws, that
is, men's property, liberty, or lives are not only unjustly taken
on those particular judgments, but the rights of the whole people
are struck down by the authority of the laws thus enforced, and a
wide-sweeping tyranny at once put in operation.
But there is another ample and conclusive answer to the argument
that justice would often fail to be done, if jurors were allowed
to be governed by their own consciences, instead of the direction
of the justices, in matters of law. That answer is this:
Legitimate government can be formed only by the voluntary
association of all who contribute to its support.
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