Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)Parker, Theodore
Religion
Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)
Parker, Theodore
Sermons, American; Unitarianism
The trial by jury has done manly service. It was one 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 "dispatch" 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.
Public-domain text, read in full here on John Shaqi.
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