If the relative numbers of opposing parties afforded sufficient
evidence of the comparative justice of their claims the
government should carry the principle into its courts of justice;
and instead of referring controversies to impartial and
disinterested men, to judges and jurors, sworn to do justice,
and bound patiently to hear and weigh all the evidence and
arguments that can be offered on either side, it should simply
count the plaintiff's and defendants in each case, (where there
were more than one of either,) and then give the case to the
majority; after ample opportunity had been given to the
plaintiffs and defendants to reason with, flatter, cheat,
threaten, and bribe each other, by way of inducing them to change
sides. Such a. process would be just as rational in courts of
justice, as in halls of legislation; for it is of no importance
to a man, who has his rights taken from him, whether it be done
by a legislative enactment, or a judicial decision.
In legislation, the people are all arranged as plaintiff's and
defendants in their own causes; (those who are in favor of a
particular law, standing as plaintiff's, and those who are
opposed to the same law, standing as defendants); and to allow
these causes to be decided by majorities, is plainly as absurd as
it would be to allow judicial decisions to be determined by the
relative number of plaintiffs and defendants.
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