These things may be varied, as expediency
may dictate, so only that they be allowed to infringe no principle of
justice. And they must, of course, be written, because they do not
exist as fixed principles, or laws in nature.
CHAPTER VI. JURIES OF THE PRESENT DAY ILLEGAL
It may probably be safely asserted that there are, at this day,
no legal juries, either in England or America. And if there are
no legal juries, there is, of course, no legal trial, nor
"judgment," by jury.
In saying that there are probably no legal juries, I mean that
there are probably no juries appointed in conformity with the
principles of the common law.
The term jury is a technical one, derived from the common law;
and when the American constitutions provide for the trial by
jury, they provide for the common law trial by jury; and not
merely for any trial by jury that the government itself may
chance to invent, and call by that name. It is the thing, and not
merely the name, that is guarantied.
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