“Very true; but our own state constitution can be altered in this
behalf, without asking permission of any one but our own people. I think
that even Sarah will understand that the United States is no palladium
of religious liberty, if it cannot prevent a state from establishing
Mohamedanism, as soon as a few forms can be complied with.”
Sarah coloured, glanced timidly at Michael Millington, but made no
reply. She did not understand much of what she had just heard, though
rather an intelligent girl, but had hoped that Jack and his friend were
nearer right than was likely to turn out to be the case. Jack, himself,
being a young limb of the law comprehended what his uncle meant, and had
the grace to colour, too, at the manner in which he had manifested his
ignorance of the great national compact. With a view to relieve himself
from his dilemma, he cried, with a ready dexterity,—
“Well, since this won’t do, I must try the jury. ‘The trial by jury, the
palladium of our liberties.’ How do you like that, sir?”
“Worse than the other, boy. God protect the country that has no better
shield against wrong, than that which a jury can hold before it.”
Jack looked at Michael, and Michael looked at Jack; while Sarah looked
at both in turn.
“You surely will not deny, sir, that the trial by jury is one of the
most precious of the gifts received from our ancestors?” said the first,
a little categorically, Sarah brightening up at this question, as he
fancied that her brother had now got on solid ground.
“Your question cannot be answered in a breath, Jack,” returned the
uncle. “The trial by jury _was_ undoubtedly a most precious boon
bestowed on a people among whom there existed an hereditary ruling
power, on the abuses of which it was often a most salutary check.”
“Well, sir, is it not the same check here; assuring to the citizens
independent justice?”
“Who compose the ruling power in America, Jack?”
“The people, to be sure, sir.”
“And who the jurors?”
“The people, too, I suppose,” answered the nephew, hesitating a little
before he replied.
“Well, let us suppose a citizen has a conflict of rights with the
public, which is the government, who will compose the tribunal that is
to decide the question?”
“A jury, to be sure, sir. The trial by jury is guarantied by the
constitution, to us all.”
“Ay,” said Mr. Dunscomb, smiling, “much as are our religious and
political liberties. But according to your own admission, this is very
much like making one of the parties a judge in his own case. A. insists
that he has a right to certain lands, for instance, which the public
claims for itself. In such a case, part of the public compose the
tribunal.”
“But is it not true, Mr. Dunscomb,” put in Millington, “that the popular
prejudice is usually against government, in all cases with private
citizens?”
Sarah’s face looked brighter now than ever, for she felt sure that Mike,
as her brother familiarly called his friend, had asked a most apposite
question.
Public-domain text, read in full here on John Shaqi.
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