FOOTNOTES:
[34] See note on Function of the Jury, above, p. 165.
[35] In these times of political corruption, when a postmaster in a country village is turned out of office for voting for a representative to Congress who exposed the wickedness of a prominent member of the cabinet, it is pleasant to read such letters as those of Washington to Benjamin Lincoln, March 11, 1789, and to Bushrod Washington, July 27, 1789, in Sparks's Writings of Washington, vol. ix. p. 477, et seq., and x. p. 73, et seq.
[36] In the Pilgrim's Progress, Bunyan gives a case which it is probable was fictitious only in the names of the parties. Faithful was indicted before Lord Hategood for a capital offence. Mr. Envy testified. Then the judge asked him, Hast thou any more to say? Envy replied: "My Lord, I could say much more, only I would not be tedious to the court. Yet, if need be, when the other gentlemen have given in their evidence, rather than any thing should be wanting that will dispatch him, I will enlarge my testimony against him."
Lord Hategood stated the law—there were three statutes against the prisoner: 1. The act of King Pharaoh, in 1 Exodus 22; 2. That of King Nebuchadnezzar in 3 Daniel 6; and 3. That of King Darius in 6 Daniel 7. The jury took "the law from the ruling of the court," and, having been carefully packed, to judge from the names, and all just men expelled from their number, they readily found such a verdict as the government had previously determined upon.
The same thing, mutatis mutandis, has been attempted in America, in Boston, and we may fear that in some instances it will succeed.
[37] Since the first publication of this sermon we have seen eight-and-thirty men indicted for treason under the fugitive slave law, because they resisted the attempt to kidnap one of their number, and killed one of the kidnappers. This indictment was found at the instigation of an officer of the government, who adds new infamy to the name of the great first murderer.
[38] Speech at Capon Springs.