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