A Quote by Noah Webster
The liberty of the press, trial by jury, the Habeas Corpus Writ, even Magna Carta itself, although justly deemed the paladia of freedom, are all inferior considerations, when compared with the general distribution of real property among every class of people.
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We must never cease to proclaim in fearless tones the great principles of freedom and the rights of man which are the joint inheritance of the English-speaking world and which through Magna Carta, the Bill of Rights, the Habeas Corpus, trial by jury, and the English common law find their most famous expression in the American Declaration of Independence.
Of the liberty of conscience in matters of religious faith, of speech and of the press; of the trial by jury of the vicinage in civil and criminal cases; of the benefit of the writ of habeas corpus; of the right to keep and bear arms.... If these rights are well defined, and secured against encroachment, it is impossible that government should ever degenerate into tyranny.
"It astonishes me to find... [that so many] of our countrymen... should be contented to live under a system which leaves to their governors the power of taking from them the trial by jury in civil cases, freedom of religion, freedom of the press, freedom of commerce, the habeas corpus laws, and of yoking them with a standing army. This is a degeneracy in the principles of liberty... which I [would not have expected for at least] four centuries."
If the federal constitution is to be construed so far in connection with the state constitutions, as to leave the trial by jury in civil causes, for instance, secured; on the same principles it would have left the trial by jury in criminal causes, the benefits of the writ of habeas corpus, etc. secured; they all stand on the same footing; they are the common rights of Americans, and have been recognized by the state constitutions.
Freedom of religion, freedom of the press, freedom of person under protection of habeas corpus; and trial by juries impartially selected, these principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation.
The Magna Carta is an early reminder of the crucial difference between freedom and liberty. Liberty is freedom that is unique to humans, it is guaranteed by law. All animals are free, but in a system of humans total freedom is anarchy. Humans have thrived by letting a dominant authority regulate freedom. Liberty is a freedom that the authority has granted or has been persuaded to grant. For centuries, the state and the people have negotiated, peacefully and violently.
By a declaration of rights, I mean one which shall stipulate freedom of religion, freedom of the press, freedom of commerce against monopolies, trial by juries in all cases, no suspensions of the habeas corpus, no standing armies. These are fetters against doing evil which no honest government should decline.
When John Adams - when - James Madison was writing - pretty much writing the Constitution, he got a letter from Thomas Jefferson, who was then-ambassador to France. And Jefferson said - I am paraphrasing - `Do not forget to keep habeas corpus and strengthen it.' That - in - that's the oldest English-speaking right. It goes back to the Magna Carta in 1215.
If a passion for freedom is not in vogue, patriots may sound the alarm till they are weary. The Act of Habeas Corpus, by which prisoners may insist on being brought to trial within a limited time, is the corner stone of our liberty.
I will now add what I do not like. First, the omission of a bill of rights providing clearly and without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land and not by the law of nations.
Why suspend the habeas corpus in insurrections and rebellions? Examine the history of England. See how few of the cases of the suspension of the habeas corpus law have been worthy of that suspension. They have been either real treasons, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.
Is the relinquishment of the trial by jury and the liberty of the press necessary for your liberty? Will the abandonment of your most sacred rights tend to the security of your liberty? Liberty, the greatest of all earlthy blessings - give us that precious jewel, and you may take every things else! . . . Guard with jealous attention the public liberty. Suspect every one who approaches that jewel.
The trial by jury is a trial by 'the country,' in contradistinction to a trial by the government. The jurors are drawn by lot from the mass of the people, for the very purpose of having all classes of minds and feelings, that prevail among the people at large, represented in the jury.
The Magna Carta was the first class-based charter, enforced on the monarchy by the rising class.
The Justices are currently considering a case, argued last month, which seeks to extend the writ of habeas corpus to al Qaeda and Taliban detainees at Guantanamo.
Trial by jury is a wise distribution of power which exceeds all other modes of trial.
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