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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

The only reasons that
their opinions, when in favor of liberty, are entitled to any
confidence, are, first, that all presumptions of law are in favor
of liberty; and, second, that the admissions of all men, the
innocent and the criminal alike, when made against their own
interests, are entitled to be received as true, because it is
contrary to human nature for a man to confess anything but truth
against himself.
More solemn farces, or more gross impostures, were never
practised upon mankind, than are all, or very nearly all, those
oracular responses by which courts assume to determine that
certain statutes, in restraint of individual liberty, are within
the constitutional power of the government, and are therefore
valid and binding upon the people.
The reason why these courts are so intensely servile and corrupt,
is, that they are not only parts of, but the veriest creatures
of, the very governments whose oppressions they are thus seeking
to uphold. They receive their offices and salaries from, and are
impeachable and removable by, the very governments upon whose
acts they affect to sit in judgment.


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