And thus the court really tries the question of
fact, as well as the question of law, in every cause. It is
clearly impossible, in the nature of things, for a jury to try, a
question of fact, without trying every question of law on which
the fact depends.
[2] Most disagreements of juries are on matters of fact, which are
admitted to be within their province. We have little or no
evidence of their disagreements on matters of natural justice. The
disagreements of courts on matters of law, afford little or no
evidence that juries would also disagree on matters of law that
is, of justice, because the disagreements of courts are generally
on matters of legislation, and not on those principles of abstract
justice, by which juries would be governed, and in regard to which
the minds of men are nearly unanimous.
[3] This is the principle of all voluntary associations
whatsoever. No voluntary association was ever formed, and in the
nature of things there never can be one formed, for the
accomplishment of any objects except those in which all the
parties to the association are agreed.
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