Summary
I have now shown the grave character of the question which we are discussing. I have stated the principles of Magna Charta which form the basis of our Constitution, and I have pointed out how these principles are violated by the Acts which we oppose; I have traced the pernicious consequences arising from this violation, politically as well as morally; and I have briefly indicated the means by which we may repair the breach which has been made.
A question which involves not only the principles of morality but the fundamental principles of our liberties must be referred for its final decision to no meaner tribunal than that of the entire people. That people is the only tribunal competent to decide a question so vital as this, which affects every individual in the nation, and must colour the whole of the future internal policy of England. In retaining or rejecting these Acts we have now to determine whether our Constitution shall stand as it has stood hitherto, or whether it shall be changed. This question can only be determined by that power in whose hands the Constitution is ultimately vested. The determination of this momentous question will involve also the fate of all that legislation the tendency of which, during the last century, has been gradually to weaken the Constitution through the insidious rejection in a large number of cases of that great safeguard of our liberties, Jury Trial.
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- The Constitution ViolatedAn Essay, pp. 160 - 178Publisher: Cambridge University PressPrint publication year: 2010First published in: 1871