For my own part,
the more the operation of the institution has fallen under my
observation, the more reason I have discovered for holding it in high
estimation; and it would be altogether superfluous to examine to what
extent it deserves to be esteemed useful or essential in a
representative republic, or how much more merit it may be entitled to,
as a defense against the oppressions of an hereditary monarch, than as a
barrier to the tyranny of popular magistrates in a popular government.
Discussions of this kind would be more curious than beneficial, as all
are satisfied of the utility of the institution, and of its friendly
aspect to liberty. But I must acknowledge that I cannot readily discern
the inseparable connection between the existence of liberty, and the
trial by jury in civil cases. Arbitrary impeachments, arbitrary methods
of prosecuting pretended offenses, and arbitrary punishments upon
arbitrary convictions, have ever appeared to me to be the great engines
of judicial despotism; and these have all relation to criminal
proceedings. The trial by jury in criminal cases, aided by the
habeas corpus act, seems therefore to be alone concerned in the
question.
Pages:
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859