Scanner's Note: I have made two changes in this text. First I have
removed the footnotes to the end of each chapter and I have placednote 9 at the end of chapter 6 noting that because of the ratificationof the XIX amendment to the Constitution for the United States,August 20, 1920, women were fully enfranchised with all rights ofvoting and jury service in all states of the Union. Other than the lackof italics and bold in this text and the typos (may they be few) this isthe complete first edition text. Let me know of any mistakes you havecaught! My email address's for now is haradda@aol.com anddavidr@inconnect.com.
David Reed
An Essay on the Trial By Jury
By LYSANDER SPOONER
Entered according to Act of Congress, in the year 1852, by
LYSANDER SPOONER
In the Clerk's Office of the District Court of Massachusetts.
The author claims the copyright of this book in England, onCommon Law principles, without regard to acts of parliament; andif the main principle of the book itself be true, viz., that nolegislation, in conflict with the Common Law, is of any validity,his claim is a legal one. He forbids any one to reprint the bookwithout his consent.
Stereotyped by HOBART & ROBBINS;
New England Type and Stereotype Foundery,BOSTON.
This volume, it is presumed by the author, gives what willgenerally be considered satisfactory evidence, though not all theevidence, of what the Common Law trial by jury really is. In afuture volume, if it should be called for, it is designed tocorroborate the grounds taken in this; give a concise view of theEnglish constitution; show the unconstitutional character of theexisting government in England, and the unconstitutional meansby which the trial by jury has been broken down in practice; provethat, neither in England nor the United States, have legislaturesever been invested by the people with any authority to impair thepowers, change the oaths, or (with few exceptions) abridge thejurisdiction, of juries, or select jurors on any other than CommonLaw principles; and, consequently, that, in both countries,legislation is still constitutionally subordinate to the discretion andconsciences of Common Law juries, in all cases, both civil andcriminal, in which juries sit. The same volume will probably alsodiscuss several political and legal questions, which will naturallyassume importance if the trial by jury should be reestablished.