n in the light of his own conscience, under the
terrible and beautiful eyes of God. How does the juror judge of the
Credibility of Evidence? By the "opinion" of the lawyers on either
side? by the judge's "opinion," or that of the community? No one would
dare determine thus. He decides personally by his own common sense,
not vicariously by another's opinion. And as you decide the Matter of
Fact by your own Discretion of Intellect, so will you decide the
Matter of Right by your own Discretion of Conscience.

Gentlemen, when the jury do their official duty it becomes impossible
to execute a statute, or custom, or to enforce a decision which the
jury--"the country"--think unjust and not fit to be applied.

But if the judge usurps these two functions of the jury, and himself
decides the Question of Law and its Application, you see what
follows--consequences the most ghastly, injustice in the name of Law,
and with the means of Law! Yes, tyranny spins and weaves with the
machinery of Freedom, and a Nessus-shirt of bondage is fixed on the
tortured body of the People. The power of the judge will be especially
dangerous in times of political excitement, and in political trials.

* * * * *

Gentlemen, this matter is so important, and the danger now so imminent
that you will pardon me a few words while I set forth the mode by
which this wickedness goes to work, and what results it brings to
pass. Follow me in some details.

I. As to the judges dealing with the Grand-Jury.

Here let me take the examples from the circuit court of the United
States in a supposed case where a man is to be tried for violating the
fugitive slave bill. You will see this is a case which may actually
happen.

1. The judge challenges the whole body summoned as grand-jurors and
catechizes them after this fashion.

(1.) "Have you formed an opinion that the law of the United States,
known as the Fugitive Slave Law of 1850, is Unconstitutional, so that
you cannot indict a person under it for that reason, although the
court holds the statute to be Constitutional?"

This is riddling No. 1. Such as think the fugitive slave bill
unconstitutional are at once set aside. The judge proceeds to ask such
as have no doubt that it is constitutional,

(2.) "Do you hold any opinions on the subject of Slavery in general,
or of the Fugitive Slave Law in special, which would induce you to
refuse to indict a man presented to you for help