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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


Such being the principles on which the government is formed, the
question arises, how shall this government, where formed, be kept
within the limits of the contract by which it was established?
How shall this government, instituted by the whole people, agreed
to by the whole people, supported by the contributions of the
whole people, be confined to the accomplishment of those
purposes alone, which the whole people desire? How shall it be
preserved from degeneration into a mere government for the benefit
of a part only of those who established, and who support it? How shall
it be prevented from even injuring a part of its own members, for
the aggrandizement of the rest? Its laws must be, (or at least
now are,) passed, and most of its other acts performed, by mere
agents, agents chosen by a part of the people, and not by the
whole. How can these agents be restrained from seeking their own
interests, and the interests of those who elected them, at the
expense of the rights of the remainder of the people, by the
passage and enforcement of laws that shall be partial, unequal,
and unjust in their operation? That is the great question.


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