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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


If such be the true nature of the relations men hold to each
other in this world, it puts an end to all such things as crimes,
unless they be perpetrated upon those who are equal or superior,
in number, to the actors. All acts committed against persons
inferior in number to the aggressors, become but the exercise at
rightful authority. And consistency with their own principles
requires that all governments, founded on the will of the
majority, should recognize this plea as a sufficient
justification for all crimes whatsoever.
If it be said that the majority should be allowed to rule, not
because they are stronger than the minority, but because their
superior numbers furnish a probability that they are in the
right; one answer is, that the lives, liberties, and properties
of men are too valuable to them, and the natural presumptions are
too strong in their favor, to justify the destruction of them by
their fellow-men on a mere balancing of probabilities, or on any
ground whatever short of certainty beyond a reasonable doubt.


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