[3])
This principle of the free administration of justice connects
itself necessarily with the trial by jury, because a jury could
not rightfully give judgment against any man, in either a civil
or criminal case, if they had any reason to suppose he had been
unable to procure his witnesses.
The true trial by jury would also compel the free administration
of justice from another necessity, viz., that of preventing
private quarrels; because, unless the government enforced a man's
rights and redressed his wrongs, free of expense to him, a jury
would be bound to protect him in taking the law into his own
hands. A man has a natural right to enforce his own rights and
redress his own wrongs. If one man owe another a debt, and refuse
to pay it, the creditor has a natural right to seize sufficient
property of the debtor, wherever he can find it, to satisfy the
debt. If one man commit a trespass upon the person, property or
character of another, the injured party has a natural right,
either to chastise the aggressor, or to take compensation for the
injury out of his property.
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