r the nation's
law. Any political ignoramus, if hoisted to the "bench," has judicial
authority to declare the law,--it is absolute. If he errs, "he is
responsible to the proper authorities--he may be removed by
impeachment;" but the jury must not question the infallibility of his
opinion. For though the grand-jury is "the country," the judge is not
only all that, and more so; but is "the rest of mankind" besides.

Then the judge goes further--talks _solemnly_, yet familiar; to
wheedle jurors the better, he mixes himself with them, his "WE"
embracing both judge and jury. I shall now quote actual language used
in this very court, by the late Hon. Judge Woodbury:--

"One of the peculiar dangers ... to which jurors, as well as
judges, are exposed, is the _unpopularity, or obnoxiousness_
... of any particular law, which has been violated, leading
_us_ ... to be timid or unfaithful in enforcing it ... the
subject-matter being a delicate or offensive one." "While we
... are holding the scales as well as the sword of Justice,
in _humble imitation of the Divine Judge_ on high," it is
our duty to "_let law, as law_, [that is, whether it is just
or unjust] _reign supreme_, reign equally over all, and as
to _all things_, no less than persons; and till it is
changed by the proper authorities, _not to interpose our
individual caprices or fancies or speculations_ [that is,
our _convictions of justice_] _to defeat its due course and
triumph_." We must _not_ "_disregard laws_, when disliked,
_because we can_, under the universal suffrage enjoyed here,
_otherwise help_ legally _to change or annul them_ by our
votes." "As jurors _you have sworn to obey them till so
changed_, and ought to stand by them faithfully, to the last
moment of their existence." "We are safest in our capacity
of public officers ... to execute the laws as they are
[right or wrong], _while others_ who may make or retain bad
laws in the statute-book, _are answerable for their own
wrong_. If they preserve laws on the statute-book, which are
darkness rather than light and life to the people, theirs is
the fault, [that is, if a blacksmith make a dagger, and tell
us to stab an innocent man with it, we must obey, and the
blame will rest on the blacksmith who made the dagger, not
on the assassin who murdered with it!] In some cases,