Gentlemen of the Jury, there is one great obstacle which despotism has found in Anglo-Saxon lands, steadily opposing its steady attempts to destroy the liberties of the People. It is easy for the controlling power, which represents the Centripetal Tendency of the Nation, to place its corrupt and servile creatures in judicial offices, vested with power to fine, to imprison, and to kill; it is then easy for them to determine on the destruction of all such friends of Justice and Humanity as represent the Centrifugal Tendency of the Nation; and with such judicial instruments it is not difficult to wrest and pervert law in order to crush the Patriots, and construct a word into "Treason," or "evincing express approbation" into a "Misdemeanor," "resisting an officer." And if the final decision rested with such a court, it would be exceeding easy to make way with any man whom the judge's private malignity or the public vengeance of his master, wished to smite and kill. But in the Anglo-Saxon people there is one institution, old, venerable, and well-beloved, which has stood for two thousand years, the great Fortress of Freedom. Thank God, Gentlemen, it still stands. Neither British Kings nor American Slave-drivers have yet brought it to the ground. Of this I must now say a word.
III. Of the Great Safeguard which has been found serviceable in protecting Democratic Institutions and the Rights of Man they are designed to defend.—Of the Trial by Jury.
This is an invaluable protection against two classes of foes to the welfare of mankind.
1. Against such as would commit offences upon the property or persons of men, without law and contrary to the form of law,—against common criminals of all denominations. Against such it is a sword—to resist and punish.
2. Against such as would commit offences upon the property or persons of men, with the form of law and by means of its machinery,—against unjust legislators, corrupt Judges, and wicked magistrates; against such it is a shield defending the public head.
In all the States of Anglo-Saxon origin there are two great popular institutions—Democratic Legislation and Democratic Administration of Law.
In the process of its historical development the first has come to the representative form of democratic legislation,—popular law-making by a body of sworn delegates met in an Assembly, local or federal, subject to a constitution, written or only traditional, which is the People's Power of Attorney, authorizing them to do certain matters and things pertinent to law-making. These are a Jury of general Law-makers.
In its process of historical development, the second has also come to a representative form, that of democratic application of law, popular law-applying, by a body of sworn delegates, that is a Court, subject to a constitution and laws, written or only traditional, which are the People's Power of Attorney authorizing them to do certain matters and things pertinent to law-applying. These are a Jury of special Law-appliers.