punity, only when it is exercised victoriously. All _unsuccessful_
attempts at revolution, however justifiable in themselves, are punished
as treason, if the government be permitted to judge of the treason. The
government itself never admits the injustice of its laws, as a legal
defence for those who have attempted a revolution, and failed. The right
of revolution, therefore, is a right of no practical value, except for
those who are stronger than the government. So long, therefore, as the
oppressions of a government are kept within such limits as simply not to
exasperate against it a power greater than its own, the right of
revolution cannot be appealed to, and is therefore inapplicable to the
case. This affords a wide field for tyranny; and if a jury cannot _here_
intervene, the oppressed are utterly defenceless.

It is manifest that the only security against the tyranny of the
government lies in forcible resistance to the execution of the
injustice; because the injustice will certainly be executed, _unless it
be forcibly resisted_. And if it be but suffered to be executed, it must
then be borne; for the government never makes compensation for its own
wrongs.

Since, then, this forcible resistance to the injustice of the government
is the only possible means of preserving liberty, it is indispensable to
all _legal_ liberty that this _resistance_ should be _legalized_. It is
perfectly self-evident that where there is no _legal_ right to resist
the oppression of the government, there can be no _legal_ liberty. And
here it is all-important to notice, that, _practically speaking_, there
can be no _legal_ right to resist the oppressions of the government,
unless there be some _legal_ tribunal, other than the government, and
wholly independent of, and _above_, the government, to judge between the
government and those who resist its oppressions; in other words, to
judge what laws of the government are to be obeyed, and what may be
resisted and held for nought. The only tribunal known to our laws, for
this purpose, is a jury. If a jury have not the right to judge between
the government and those who disobey its laws, and resist its
oppressions, the government is absolute, and the people, _legally
speaking_, are slaves. Like many other slaves they may have sufficient
courage and strength to keep their masters somewhat in check; but they
are nevertheless _known to the law_ only as slaves.

That this right of resistance was re