cision of the majority becomes, to
all practical purposes, a mere decision of chance. And to dispose of
men's properties, liberties, and lives, by the mere process of
enumerating such parties, is not only as palpable gambling as was ever
practised, but it is also the most atrocious that was ever practised,
except in matters of government. And where government is instituted on
this principle, (as in the United States, for example,) the nation is at
once converted into one great gambling establishment; where all the
rights of men are the stakes; a few bold bad men throw the dice--(dice
loaded with all the hopes, fears, interests, and passions which rage in
the breasts of ambitious and desperate men,)--and all the people, from
the interests they have depending, become enlisted, excited, agitated,
and generally corrupted, by the hazards of the game.

The trial by jury disavows the majority principle altogether; and
proceeds upon the ground that every man should be presumed to be
entitled to life, liberty, and such property as he has in his
possession; and that the government should lay its hand upon none of
them, (except for the purpose of bringing them before a tribunal for
adjudication,) unless it be first ascertained, _beyond a reasonable
doubt_, in every individual case, that justice requires it.

To ascertain whether there be such reasonable doubt, it takes twelve men
_by lot_ from the whole body of mature men. If any of these twelve are
proved to be under the influence of any _special_ interest or passion,
that may either pervert their judgments, or corrupt their motives, they
are set aside as unsuitable for the performance of a duty requiring such
absolute impartiality and integrity; and others substituted in their
stead. When the utmost practicable impartiality is attained on the part
of the whole twelve, they are sworn to the observance of justice; and
their unanimous concurrence is then held to be necessary to remove that
reasonable doubt, which, unremoved, would forbid the government to lay
its hand on its victim.

Such is the caution which the trial by jury both practises and
inculcates, against the violation of justice, on the part of the
government, towards the humblest individual, in the smallest matter
affecting his civil rights, his property, liberty, or life. And such is
the contrast, which the trial by jury presents, to that gambler's and
robber's rule, that the majority have a right, by virtue of their