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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


A government of the whole, therefore, must necessarily confine
itself to the administration of such principles of law as all the
people, who contribute to the support of the government, can
comprehend and see the justice of. And it can be confined within
those limits only by allowing the jurors, who represent all the
parties to the compact, to judge of the law, and the justice of
the law, in all cases whatsoever. And if any justice be left
undone, under these circumstances, it is a justice for which the
nature of the association does not provide, which the association
does not undertake to do, and which, as an association, it is
under no obligation to do.
The people at large, the unlearned and common people, have
certainly an indisputable right to associate for the establishment
and maintenance of such a government as they themselves see the
justice of, and feel the need of, for the promotion of their own
interests, and the safety of their own rights, without at the same
time surrendering all their property, liberty, and rights into the
hands of men, who, under the pretence of a superior and
incomprehensible knowledge of justice, may dispose of such
property, liberties, and rights, in a manner to suit their own
selfish and dishonest purposes.


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