of cases there is no disagreement between the law, the judge,
and the jurors; the law is just, or at least is an attempt at justice,
the judge wishes to do justice by means thereof, and the jurors aim at
the same thing. In such cases there is no motive for doing wrong to
any person: so the judge fairly interprets the righteous and wholesome
law, the jurors willingly receive the interpretation and apply it to
the special case, and substantial justice is done. This happens not
only in civil suits between party and party, but also in most of the
criminal cases between the Public and the Defendant. But in times of
great political excitement, in a period of crisis and transition, when
one party seeks to establish a despotism and deprive some other class
of men of their natural rights, cases like those I have imagined
actually happen. Then there is a disagreement between the judge and
the jury; nay, often between the jury and the special statute
wherewith the government seeks to work its iniquity. It is on such
occasions that the great value of this institution appears,--then the
jury hold a shield over the head of their brother and defend him from
the malignity of the government and the Goliath of injustice,
appointed its champion to defy the Law of the living God, is smote in
the forehead by the smooth stone taken from a country brook, and lies
there slain by a simple rustic hand; for in such cases the jury fall
back on their original rights, judge of the Fact, the Law, and the
Application of the Law to the Fact, and do justice in spite of the
court, at least prevent injustice.

* * * * *

Now, Gentlemen of the Jury, I will mention some examples of this kind,
partly to show the process by which attempts have been made to
establish despotism, that by the English past you may be warned for
the American present and future; and partly that your function in this
and all cases may become clear to you and the Nation. The facts of
history will show that my fancies are not extravagant.

1. In April, 1554, just three hundred and one years ago this very
month, in England, Sir Nicolas Throckmorton, a gentleman of
distinguished family, was brought to trial for high treason. He had
held a high military office under Henry VIII. and Edward VI., but
"made himself obnoxious to the Papists, by his adherence to some of
the persecuted Reformers." With his two brothers he attended Anne
Askew to her martyrdom whe