The Law Magazine And Law Review, Or, Quarterly Journal of Jurisprudence: Or ... 10

Cover The Law Magazine And Law Review, Or, Quarterly Journal of Jurisprudence: Or ... 10
The Law Magazine And Law Review, Or, Quarterly Journal of Jurisprudence: Or ... 10
William S. Hein & Company
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Before offering our views respecting it, we will call attention to the constitutional position of those who do not enjoy the franchise, and who are generally told that they are deprived of a right It is a trust, and not a right. It can- not be enjoyed by all ; and therefore those to be intrusted with it must be determined by selection. This is not peculiar to the elective trust; it applies to other trusts involving public duties, Magistratea must be qualified by the ownership of land. No man ca...n be a juryman unless he is qualified by property ; and 80 essential to our liberties was a property qualification deemed for jurymen, that the Bill of Rights required that *' jurors, which pass upon men in high treason, ought to be freeholders." The right which all subjects equally possess is, to acquire the fran- chise ; and, although fiK)m the nature of society, all have not equal facility to acquire, yet the greater part of those that pos- sess it did not obtain it through hereditary transmission.

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