iberties enjoyed in this country. No
doubt, we have fine constitutional rights and securities, until the
very time they are most required. When we have no need to invoke
them, they are permitted to us; but at the only time when they might
be of substantial value, they are, as the phrase goes, "suspended."
Who, unless in times of governmental panic, need apprehend
unwarranted arrest? When else is the _Habeas Corpus_ Act of such
considerable protection to the subject? When, unless when the crown
seeks to invade public liberty, is the purity and integrity of trial
by jury of such value and importance in political cases? Yet all the
world knows that the British government, whenever such a conflict
arises, juggles and packs the jury--
Mr. Dix--I really cannot allow that language to be used in this
court, Mr. Sullivan, with every disposition to accord you, as an
accused person, the amplest limits in your observations. Such
language goes beyond what I can permit--
Mr. Sullivan--I, at once, in respect for your worship, retract the
word juggle. I will say the crown manipulates the jury.
Mr. Dix--I can't at all allow this line of comment to be pursued--
Mr. Sullivan--With all respect for your worship, and while I am ready
to use any phrase most suitable for utterance here, I will not give
up my right to state and proclaim the fact, however unpalatable, when
it is notoriously true. I stand upon my rights to say, that you have
all the greater reason to pause, ere you send me, or any other
citizen, for trial before a jury in a crown prosecution at a moment
like the present, when trial by jury, as the theory of the
constitution supposes it, does not exist in the land. I say there is
now notoriously no fair trial by jury to be had in this country, as
between the subject and the crown. Never yet, in an important
political case, have the government in this country dared to allow
twelve men indifferently chosen, to pass into the jury-box to try the
issue between the subject and the crown. And now, sir, if you send
the case for trial, and suppose the government succeed by the juries
they are able to empanel here, with 'Fenian' ticketed on the backs of
the accused by the real governors of the country--the Heygates and
the Bruces--and if it is declared by you that in this land of
mourning it has become at last criminal even to
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