that
way. This you see from daily practice of the courts. It remains in the
Discretion of the Attorney to determine what offences he will present
to the Grand-Jury,--he passes by many, and selects such as he thinks
ought to be presented. It remains in the Discretion of the Grand-Jury
to determine whom they will indict, for sometimes when the Fact and
Law are clear enough to them, they yet find "no bill" or _ignore_ the
matter. And after the man is indicted, it still remains in the
Discretion of the Attorney to determine whether he will prosecute the
accused, or pass him by. Indeed I am told that the very Grand-Jury who
found the bills which have brought you and me face to face, hesitated
to indict a certain person on account of some circumstances which
rendered his unlawful act less deserving of the legal punishment: the
Attorney told them he thought they had better find a bill, and he
would enter a _nolle prosequi_ in court,--plainly admitting that while
the Law and the Fact were both clear, that the Grand-Jury were to
determine in their Discretion whether they would apply the law to that
man, whether they would indict or not; and the Attorney whether he
would prosecute or forbear. It remains equally in the Discretion of
the Trial Jury to determine whether the man who did the unlawful deed
shall be punished--whether the spirit of that statute and the Purpose
of Law requires the punishment which it allows.

2. Besides, in deciding this question--the jurors are not only to
consider the one particular statute brought against the prisoner, but
the whole Complex of Customs, Statutes, and Decisions, making up the
Body of Law, and see if that requires the application of this special
statute to this particular deed. Here are two things to be
considered.

(1.) The general Purpose of the whole Body of Laws, the Object aimed
at; and

(2.) The Means for attaining the end. Now the Purpose of Law being the
main thing, and the statute only subsidiary to that purpose, the
question comes--"Shall we best achieve that Purpose by thus applying
the statute, or by not applying it?" This rests with the Jury in their
Discretion to determine.

3. Still more, the Jury have consciences of their own, which they must
be faithful to, which no official position can ever morally oblige
them to violate. So they are to inquire, "Is it right in the sight of
God, in the light of our consciences, to apply this special statute to
this particular case