But the confirmations
themselves were nevertheless constitutionally, as well as formally,
the acts of the king alone.
[5] See page 103.
[6]St. 1.William and Mary, ch. 6, (1688)
[7]4. Inst., 36.
[8] Under the head of "John."
[9] 4 Blackstone, 849-50.
[10] 3 Blackstone, 379.
[11] Hume, ch. 2.
[12] Page 203, 5th edition, 1721.
CHAPTER XII. Limitations Imposed Upon The Majority By The
Trial By Jury
The principal objection, that will be made to the doctrine of
this essay, is, that under it, a jury would paralyze the power of
the majority, and veto all legislation that was not in accordance
with the will of the whole, or nearly the whole, people.
The answer to this objection is, that the limitation, which would
be thus imposed upon the legislative power, (whether that power
be vested in the majority, or minority, of the people,) is the
crowning merit of the trial by jury. It has other merits; but,
though important in themselves, they are utterly insignificant
and worthless in comparison with this.
Pages:
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472