.

." (Story, book iii., chap.

xxxviii.)] [Footnote d: If it were our province to point out the utility of the jury as a judicial institution in this place, much might be said, and the following arguments might be brought forward amongst others:-- By introducing the jury into the business of the courts you are enabled to diminish the number of judges, which is a very great advantage.

When judges are very numerous, death is perpetually thinning the ranks of the judicial functionaries, and laying places vacant for newcomers.

The ambition of the magistrates is therefore continually excited, and they are naturally made dependent upon the will of the majority, or the individual who fills up the vacant appointments; the officers of the court then rise like the officers of an army.