one
hung round its neck [the neck of Christianity], sufficient to sink
it."

The article was written with remarkable candor and moderation, and
indicated a devout and holy purpose in the author. The doctrines were
by no means new. But Hon. James T. Austin, was then Attorney-General
of the State; his attention being called to it by an anonymous writer
in a newspaper, he attacked Mr. Noyes's article, thus giving vent to
his opinion thereon: "He considers its learning very ill bestowed, its
researches worse than useless, and that its tendency is to strike down
one of the pillars on which the fabric of Christianity is supported."
"Its tendency is to shock the pious,--confound the unlearned,--overwhelm
those who are but moderately versed in the recondite investigations of
theology, and above all to open an arsenal whence all the small wits
of the infidel army may supply themselves with arms. Its greater evil
is to disarm the power of public opinion." "It certainly disarms to a
great degree the power of the law."[165]

[Footnote 165: 16 Examiner, 321; 17 ibid. 127; Boston Atlas, July 8th
and 9th, 1834.]

Gentlemen, suppose it had not been necessary to submit the matter to a
Jury, what would the right of freedom of conscience be worth in the
hands of such a man, "dressed in a little brief authority?" It was
said at the time that the author was actually presented to the
Grand-Jury, and an attempt made to procure an indictment for
Blasphemy, or Misdemeanor. I know not how true the rumor was. The
threat of prosecution came to nought, and Dr. Noyes, one of the most
scholarly men in America, is now Professor of Theology in the Divinity
School at Cambridge, and an honor to the liberal sect which maintains
him there.

* * * * *

Gentlemen, when laws are unjustly severe, denouncing a punishment
highly excessive, the juries refuse to convict. Examples of this are
very common in trials for capital offences, now that the conscience of
moral men has become so justly hostile to the judicial shedding of
blood. There is no doubt with the Jurors as to the Fact, none as to
the Law; but they say it is unjust to apply such a law to such a fact
and hang a man. The Jury exercising their moral discretion, spite of
the judge, and spite of the special statute or custom, are yet
faithful to their official obligation and manly duty, and serve
Justice, the ultimate End and Purpose of Law, whereto the statutes and
c