Unless the weaker party have a veto, either upon the making, or
the enforcement of laws, they have no power whatever in the
government, and can of course have no liberties except such as
the stronger party, in their arbitrary discretion, see fit to
permit them to enjoy.
In England and the United States, the trial by jury is the only
institution that gives the weaker party any veto upon the power
of the stronger. Consequently it is the only institution, that
gives them any effective voice in the government, or any guaranty
against oppression.
Suffrage, however free, is of no avail for this purpose; because
the suffrage of the minority is overborne by the suffrage of the
majority, and is thus rendered powerless for purposes of
legislation. The responsibility of officers can be made of no
avail, because they are responsible only to the majority. The
minority, therefore, are wholly without rights in the government,
wholly at the mercy of the majority, unless, through the trial by
jury, they have a veto upon such legislation as they think
unjust.
Pages:
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491