Leeper v. Texas, 139 U.S. 462 (1891). Fuller's opinion in Leeper stated: "It must be regarded as settled that....by the Fourteenth Amendment the powers of States in dealing with crime within their borders are not limited, except that no State can deprive particular persons, or classes of persons, of equal and impartial justice under the law; that law in its regular course of administration through courts of justice is due process, and when secured by the law of the State the constitutional requirement is satisfied; and that due process is so secured by laws operating on all alike, and not subjecting the individual to the arbitrary exercise of the powers of government unrestrained by the established principles of private right and distributive justice."
Jowett, Benjamin. Thucydides, translated into English, to which is prefixed an essay on inscriptions and a note on the geography of Thucydides, Archived 2016-06-07 at the Wayback Machine Second edition, Oxford, Clarendon Press (1900): "Our form of government does not enter into rivalry with the institutions of others. We do not copy our neighbours, but are an example to them. It is true that we are called a democracy, for the administration is in the hands of the many and not of the few. But while the law secures equal justice to all alike in their private disputes, the claim of excellence is also recognised; and when a citizen is in any way distinguished, he is preferred to the public service, not as a matter of privilege, but as the reward of merit. Neither is poverty a bar, but a man may benefit his country whatever be the obscurity of his condition."
Maxwell v. Dow, 176 U.S. 581 (1900); Justice Peckham wrote the Court's opinion, and Justice Harlan was the sole dissenter. Harlan argued that a person cannot be tried for an infamous crime by a jury of less than twelve persons, instead of the eight jurors allowed in Utah. Many years later, in Williams v. Florida, 399 U.S. 78 (1970), the Court held that six jurors are enough.
See, e.g., Yick Wo v. Hopkins, 118 U.S. 356 (1886): "Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution."
Pennzoil v. Texaco, 481 U.S. 1 (1987)(Thurgood Marshall, concurring in the judgment).
Peccarelli, Anthony. "The Meaning of Justice", DuPage County Bar Association Brief (March 2000), via Archive.org.
Jowett, Benjamin. Thucydides, translated into English, to which is prefixed an essay on inscriptions and a note on the geography of Thucydides, Archived 2016-06-07 at the Wayback Machine Second edition, Oxford, Clarendon Press (1900): "Our form of government does not enter into rivalry with the institutions of others. We do not copy our neighbours, but are an example to them. It is true that we are called a democracy, for the administration is in the hands of the many and not of the few. But while the law secures equal justice to all alike in their private disputes, the claim of excellence is also recognised; and when a citizen is in any way distinguished, he is preferred to the public service, not as a matter of privilege, but as the reward of merit. Neither is poverty a bar, but a man may benefit his country whatever be the obscurity of his condition."
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Pericles's Funeral Oration, translated by Rex Warner (1954), via wikisource: "Our form of government does not enter into rivalry with the institutions of others. Our government does not copy our neighbors', but is an example to them. It is true that we are called a democracy, for the administration is in the hands of the many and not of the few. But while there exists equal justice to all and alike in their private disputes, the claim of excellence is also recognized; and when a citizen is in any way distinguished, he is preferred to the public service, not as a matter of privilege, but as the reward of merit. Neither is poverty an obstacle, but a man may benefit his country whatever the obscurity of his condition."
