2023-08-05 22:11:55 +00:00
|
|
|
\chapter*{Note.}
|
2023-08-05 18:54:02 +00:00
|
|
|
|
|
|
|
|
This volume, it is presumed by the author, gives what will generally be
|
|
|
|
|
considered satisfactory evidence,--though not all the evidence,--of what
|
|
|
|
|
the Common Law trial by jury really is. In a future volume, if it should
|
|
|
|
|
be called for, it is designed to corroborate the grounds taken in this;
|
|
|
|
|
give a concise view of the English constitution; show the
|
|
|
|
|
unconstitutional character of the existing government in England, and
|
|
|
|
|
the unconstitutional means by which the trial by jury has been broken
|
|
|
|
|
down in practice; prove that, neither in England nor the United States,
|
|
|
|
|
have legislatures ever been invested by the people with any authority to
|
|
|
|
|
impair the powers, change the oaths, or (with few exceptions) abridge
|
|
|
|
|
the jurisdiction, of juries, or select jurors on any other than Common
|
|
|
|
|
Law principles; and, consequently, that, in both countries, legislation
|
|
|
|
|
is still constitutionally subordinate to the discretion and consciences
|
|
|
|
|
of Common Law juries, in all cases, both civil and criminal, in which
|
|
|
|
|
juries sit. The same volume will probably also discuss several political
|
|
|
|
|
and legal questions, which will naturally assume importance if the trial
|
|
|
|
|
by jury should be reëstablished.
|
