PREFACE
Perhaps the argument most frequently used by conservative believers in the convenient doctrine of leaving things as they are against those engaged in reformatory efforts of a more or less radical nature is that the "spirit and genius of American institutions" do not admit of the assimilation or acceptance of the proposed innovations. Were one to trust them, the "American institutions" are something so clearly defined, finished, and powerful as to absolutely render it impossible for any inconsistent and discordant element to maintain a vigorous existence within the charmed circle which affords chances of life only to what necessarily and logically flows as a consequence from the fundamental principles supporting the peculiar civiliz... (From: Anarchy Archives.)
Free Political Institutions
Their Nature, Essence, and Maintenance
An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury"
EDITED BY
VICTOR YARROS
LONDON
C. W. DANIEL, LTD.
3, Amen Corner, E.C.
1912
CHAPTER 1: LEGITIMATE GOVERNMENT AND MAJORITY RULE
The theory of free government is that it is formed by the voluntary contract of the people individually with each other. This is the theory (although it is not, as it ought to be, the fact) in all the governments in the United States, as also in the government of England. The theory assumes that each man who is a party to the government, and contributes to its support, has individually and freely consented to it. Otherwise the government would have no right to t... (From: Anarchy Archives.)
Free Political Institutions
Their Nature, Essence, and Maintenance
An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury"
EDITED BY
VICTOR YARROS
LONDON
C. W. DANIEL, LTD.
3, Amen Corner, E.C.
1912
CHAPTER 2: TRIAL BY JURY AS A PALLADIUM OF LIBERTY
Such being the principles on which the government is formed, the question arises, how shall this government, when formed, be kept within the limits of the contract by which it was established? How shall this government, instituted by the whole people, agreed to by the whole people, supported by the contributions of the whole people, be confined to the accomplishment of those purposes alone which the whole people desire? How shall it be preserved from degeneratin... (From: Anarchy Archives.)
Free Political Institutions
Their Nature, Essence, and Maintenance
An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury"
EDITED BY
VICTOR YARROS
LONDON
C. W. DANIEL, LTD.
3, Amen Corner, E.C.
1912
CHAPTER 3: TRIAL BY JURY AS DEFINED BY MAGNA CHARTA.-AUTHORITY OF MAGNA CHARTA
For more than six hundred years-that is, since Magna Charta in 1215- there has been no clearer principle of English or American constitutional law than that in criminal cases it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused, but that it is also their right and their primary and paramount duty to judge of the justice of the law, and to hold all laws i... (From: Anarchy Archives.)
Free Political Institutions
Their Nature, Essence, and Maintenance
An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury"
EDITED BY
VICTOR YARROS
LONDON
C. W. DANIEL, LTD.
3, Amen Corner, E.C.
1912
CHAPTER 4: OBJECTIONS ANSWERED
The following objections will be made to the doctrines and the evidence presented in the preceding chapters.
1. That it is a maxim of the law that the judges respond to the question of law and juries only to the question of fact.
The answer to this objection is that since Magna Charta judges have had more than six centuries in which to invent and promulgate pretended maxims to suit themselves, and this is one of them. Instead of expressing the law, it expresses nothing but ... (From: Anarchy Archives.)
Free Political Institutions
Their Nature, Essence, and Maintenance
An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury"
EDITED BY
VICTOR YARROS
LONDON
C. W. DANIEL, LTD.
3, Amen Corner, E.C.
1912
CHAPTER 5: THE CRIMINAL INTENT
It is a maxim of the common law that there can be no crime without a criminal intent. And it is a perfectly clear principle, although one which judges have in a great measure overthrown in practice, that jurors are to judge of the moral intent of the accused person and hold him guiltless, whatever his act, unless they find him to have acted with a criminal intent; that is, with a design to do what he knew to be criminal.
This principle is clear, because the question for a jury to ... (From: Anarchy Archives.)
Free Political Institutions
Their Nature, Essence, and Maintenance
An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury"
EDITED BY
VICTOR YARROS
LONDON
C. W. DANIEL, LTD.
3, Amen Corner, E.C.
1912
CHAPTER 6: MORAL CONSIDERATIONS FOR JURORS
The trial by jury must, if possible, be construed to be such that a man can rightfully sit in a jury and unite with his fellows in giving judgment. But no man can rightfully do this, unless he hold in his own hand alone a veto upon any judgment or sentence whatever to be rendered by the jury against a defendant, which veto he must be permitted to use according to his own discretion and conscience, and not bound to use according to the dictation of either legislatures or... (From: Anarchy Archives.)
Free Political Institutions
Their Nature, Essence, and Maintenance
An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury"
EDITED BY
VICTOR YARROS
LONDON
C. W. DANIEL, LTD.
3, Amen Corner, E.C.
1912
CHAPTER 7: FREE ADMINISTRATION OF JUSTICE
The free administration of justice was a principle of the common law; and it must necessarily be a part of every system of government which is not designed to be an engine in the hands of the rich for the oppression of the poor.
In saying that the free administration of justice was a principle of the common law, I mean only that parties were subjected to no costs for jurors, witnesses, writs, or other necessaries for the trial, preliminary to the trial itself. Consequen... (From: Anarchy Archives.)
Free Political Institutions
Their Nature, Essence, and Maintenance
An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury"
EDITED BY
VICTOR YARROS
LONDON
C. W. DANIEL, LTD.
3, Amen Corner, E.C.
1912
CHAPTER 8: JURIES OF THE PRESENT DAY ILLEGAL
It may probably be safely asserted that there are at this day no legal juries, either in England or America. And if there are no legal juries, there is of course no legal trial or "judgment" by jury.
In saying that there are probably no legal juries, I mean that there are probably no juries appointed in conformity with the principles of the common law.
The term jury is a technical one, derived from the common law, and when the American constitutions provide for the ... (From: Anarchy Archives.)
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