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
government to get a partial jury, who should not represent the country,
but should have prejudices against the prisoner at the bar. We have seen
a man selected as foreman of the jury who had previously, and before
witnesses, declared that all the persons engaged in the case which was
to come before him, "ought to be hung." We have seen a man expelled from
the jury, after he had taken the juror's oath, because he declared that
he had "a general sympathy with the down-trodden and oppressed here and
everywhere," and so did not seem likely to "dispatch" the prisoner, as
the government desired. This is not all: the judge questions the jurors
before their oath, and refuses to allow any one to be impanelled who
doubts the constitutionality of the fugitive slave law. Even this is not
the end: he charges the jury thus selected, packed, picked, and
winnowed, that they are to take the law as he lays it down; that they
are only judges of the fact, he exclusively of the law; and, if they
find that the prisoner did the deed alleged, then they must return him
"Guilty" of the offence charged.
I am no lawyer: I shall not speak here with reference to usages and
precedents of the past, only with an eye to the consequences for the
future. If the court can thus select a jury to suit itself, mere
creatures of its own, what is the use of a jury to try the fact? See the
consequences of this decision, that no man shall serve as juror who
doubts the constitutionality of a law, and that the jurors are not
judges of the law itself, as well as the fact. Let me suppose some cases
which may happen. The Constitution of the United States provides that
Congress shall not prohibit the free exercise of religion. Suppose that
Congress should pass a law to punish any man with death who should pray
to the "Father, Son, and Holy Ghost." The government wishes to punish an
obnoxious orthodox minister for violating this "form of law." It is
clearly unjust; but the judge charges the grand jury they are to "obey
both" the laws of God and the statutes of men. The grand jury indict the
man. He is brought for trial. The law is obviously unconstitutional; but
the judge expels from the jury all who think the law is
unconstitutional. He selects the personal enemies of the accused, and
finds twelve men foolish enough or wicked enough to believe it is
constitutional to do what the Constitution declares must not be done;
and then proceeds to trial, selecting for foreman the man who has said,
"All men that thus pray ought to be hung!" What is the value of your
Constitution? The jury might convict, the judge sentence, the President
issue his warrant, and the man be hanged in twenty-four hours, for doing
a deed which the Constitution itself allows, and Christendom daily
practises, and the convictions of two hundred million men require!
Public-domain text, read in full here on John Shaqi.
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