“You surely will not deny, sir, that the trial by jury is one of the most precious of the gifts received from our ancestors?” said the first, a little categorically, Sarah brightening up at this question, as he fancied that her brother had now got on solid ground.
“Your question cannot be answered in a breath, Jack,” returned the uncle. “The trial by jury was undoubtedly a most precious boon bestowed on a people among whom there existed an hereditary ruling power, on the abuses of which it was often a most salutary check.”
“Well, sir, is it not the same check here; assuring to the citizens independent justice?”
“Who compose the ruling power in America, Jack?”
“The people, to be sure, sir.”
“And who the jurors?”
“The people, too, I suppose,” answered the nephew, hesitating a little before he replied.
“Well, let us suppose a citizen has a conflict of rights with the public, which is the government, who will compose the tribunal that is to decide the question?”
“A jury, to be sure, sir. The trial by jury is guarantied by the constitution, to us all.”
“Ay,” said Mr. Dunscomb, smiling, “much as are our religious and political liberties. But according to your own admission, this is very much like making one of the parties a judge in his own case. A. insists that he has a right to certain lands, for instance, which the public claims for itself. In such a case, part of the public compose the tribunal.”