d have been impossible not to do with Spaniards or
Italians. Even warlike Swiss--Teutonic tribes--will have a government
with due process of law, not by the abrupt violence of the soldier.
Washington could not have established a military monarchy in America
had he been so wickedly disposed. Even William the Conqueror must rule
the Saxons by Saxon law.

(II.) The corruption of the acknowledged safeguards of public
security. This is attempted in nations who have a well-known love of
individual liberty, and institutional defences thereof, the habit of
Local Self-government by Democratic Law-making and Law-administering.
For example, this experiment has been repeatedly made in England. The
monarch seeking to destroy the liberty of the people, accomplishes
his violent measure by the forms of peaceful law, by getting the
judicial class of men on the side of despotism. Then all the
wickedness can be done in the name, with the forms, and by "due
process" of law, by regular officers thereof--done solemnly with the
assistance of slow and public deliberation.

Gentlemen of the Jury, this is a matter of such importance to the
People of America just now, that I must beg you to bear with me while
I explain this subtle operation. I will select examples from the
history of England which are easy to understand, because her blood is
kindred to our own, and the institutions of the two countries are
related as parent and child. And besides, her past history affords
alike warning and guidance in our present peril.

* * * * *

(I.) The first step in this process of political iniquity is, to
appoint men for judges and other officers of the court, who know no
law higher than the selfish will of the hand that feeds them, mere
creatures of the rest [Transcriber's Note: for 'rest' read
'government'; see Errata].

I will select instances of this from the reign of the Stuart kings and
one of their successors, from a period full of melancholy warning to
America.

I will begin with James I. (1603-1625), the first King of New England.
At his very accession he had high notions of his royal Prerogative,
and maintained that all the privileges of the House of Commons were
derived from his royal grant. "I am your King," said he, "I am placed
to govern you, and I shall [must] answer for your errors." It was
quite enough to answer for his own,--poor man. "Let me make the
Judges," said he, "and I care not who makes the l