It says, therefore, that the people themselves will
hold a veto upon the enforcement of any and every law, which
these agents may enact, and that whenever the occasion arises for
them to give or withhold their consent, inasmuch as the whole
people cannot assemble, or devote the time and attention
necessary to the investigation of each case, twelve of their
number shall be taken by lot, or otherwise at random, from the
whole body; that they shall not be chosen by majorities, (the
same majorities that elected the agents who enacted the laws to
be put in issue,) nor by any interested or suspected party; that
they shall not be appointed by, or be in any way dependent upon,
those who enacted the law; that their opinions, whether for or
against the law that is in issue, shall not be inquired of
beforehand; and that if these twelve men give their consent to
the enforcement of the law, their consent shall stand for the
consent of the whole.
This is the mode, which the trial by jury provides, for keeping
the government within the limits designed by the whole people,
who have associated for its establishment.
Pages:
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497