FREE BOOKS

Author's List




PREV.   NEXT  
|<   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87  
88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   >>   >|  
orks: and I have always looked with a degree of reverence and admiration on this mode of superintendence. For, being totally disengaged from the detail of juridical practice, we come something perhaps the better qualified, and certainly much the better disposed, to assert the genuine principle of the laws, in which we can, as a body, have no other than an enlarged and a public interest. We have no common cause of a professional attachment or professional emulations to bias our minds; we have no foregone opinions which from obstinacy and false point of honor we think ourselves at all events obliged to support. So that, with our own minds perfectly disengaged from the exercise, we may superintend the execution of the national justice, which from this circumstance is better secured to the people than in any other country under heaven it can be. As our situation puts us in a proper condition, our power enables us to execute this trust. We may, when we see cause of complaint, administer a remedy: it is in our choice by an address to remove an improper judge, by impeachment before the peers to pursue to destruction a corrupt judge, or by bill to assert, to explain, to enforce, or to reform the law, just as the occasion and necessity of the case shall guide us. We stand in a situation very honorable to ourselves and very useful to our country, if we do not abuse or abandon the trust that is placed in us. The question now before you is upon the power of juries in prosecuting for libels. There are four opinions:--1. That the doctrine as held by the courts is proper and constitutional, and therefore should not be altered; 2. That it is neither proper nor constitutional, but that it will be rendered worse by your interference; 3. That it is wrong, but that the only remedy is a bill of retrospect; 4. The opinion of those who bring in the bill, that the thing is wrong, but that it is enough to direct the judgment of the court in future. The bill brought in is for the purpose of asserting and securing a great object in the juridical constitution of this kingdom, which, from a long series of practices and opinions in our judges, has _in one point_, and in one very essential point, deviated from the true principle. It is the very ancient privilege of the people of England, that they shall be tried, except in the known exceptions, not by judges appointed by the crown, but by their own fellow-subjects, the peers of that county court
PREV.   NEXT  
|<   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87  
88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   >>   >|  



Top keywords:

proper

 

opinions

 

professional

 
judges
 

people

 
constitutional
 

situation

 

country

 
remedy
 
assert

juridical

 

disengaged

 
principle
 
retrospect
 
opinion
 

altered

 

looked

 

rendered

 

interference

 
degree

juries

 
prosecuting
 

admiration

 

question

 

libels

 

courts

 
doctrine
 
reverence
 

ancient

 

privilege


England

 

essential

 

deviated

 

fellow

 

subjects

 

county

 

exceptions

 
appointed
 

future

 

brought


judgment
 

direct

 
abandon
 
purpose
 
asserting
 

series

 

practices

 
kingdom
 
constitution
 

securing