CHAPTER XVI: Causes Mitigating Tyranny In The United States--Part II.
Trial By Jury In The United States Considered As A Political Institution Trial by jury, which is one of the instruments of the sovereignty of the people, deserves to be compared with the other laws which establish that sovereignty--Composition of the jury in the United States--Effect of trial by jury upon the national character--It educates the people--It tends to establish the authority of the magistrates and to extend a knowledge of law among the people.
Since I have been led by my subject to recur to the administration of justice in the United States, I will not pass over this point without adverting to the institution of the jury.

Trial by jury may be considered in two separate points of view, as a judicial and as a political institution.

If it entered into my present purpose to inquire how far trial by jury (more especially in civil cases) contributes to insure the best administration of justice, I admit that its utility might be contested.

As the jury was first introduced at a time when society was in an uncivilized state, and when courts of justice were merely called upon to decide on the evidence of facts, it is not an easy task to adapt it to the wants of a highly civilized community when the mutual relations of men are multiplied to a surprising extent, and have assumed the enlightened and intellectual character of the age.

*b [Footnote b: The investigation of trial by jury as a judicial institution, and the appreciation of its effects in the United States, together with the advantages the Americans have derived from it, would suffice to form a book, and a book upon a very useful and curious subject.