of the first bulwarks of human society, then barbarous and feeble, thrown up by the Germanic tribe which loved order, but loved justice too. It is a line of circumvallation against the loose, unorganized wickedness of the private ruffian; a line of contravallation also against the organized wickedness of the public government. It began before there were any regular courts or written laws, and ever since it has done great service when corrupt men in high places called a little offence “treason;” when corrupt judges sought to crush down the people underneath oppressive laws, to advance themselves; and when corrupt witnesses were ready to “enlarge” their testimony so as to “despatch” the men accused; yea, to swear black was black, and then, when the case seemed to require it, swear white was black. Any man who reads the history of England under the worst of kings, the worst of ministers, the worst of judges, and with the worst of witnesses, and compares it with other nations, will see the value of the trial by jury as a safeguard of the people. The bloody Mary had to punish the jurors for their verdict of acquittal before she could accomplish her purposes of shame. George III., wishing to collect a revenue in the American colonies, without their consent or any constitutional law, found the jury an obstacle he could not pass over. Attorneys might try John Hancock for smuggling in his sloop “Liberty;” no jury would convict. The tea, a vehicle of unjust taxation, went floating out of Boston Bay in a most illegal style. No attempt was made to try the offenders: the magistrates knew there was a jury who would not convict men for resisting a wicked law. Men must be taken “over seas for trial” by a jury of their enemies before the wicked laws of a wicked ministry could be brought upon the heads of the resolute men of America.
It is of great importance to keep this institution pure; to preserve its spirit, with such expansion as the advance of mankind requires. Otherwise, the laws may be good, the constitutions good, institutions good, the disposition of the people good; but with a wicked minister in the cabinet, a wicked judge on the bench, a wicked attorney at the bar, and a wicked witness to forswear himself on the stand—and all these can easily be had—you can
