dence declares upon oath, that the prisoner at the bar is not, and, by reason of his personal absence, could not be, the offender. This, generally, arises either from friendship, or a reward for this essential service. Great, indeed, must be our moral depravity, when one person, having, previously, pledged his sincerity and disinterestedness, in the most solemn manner words can express, shall, through personal attachment, or for the sake of a temporary advantage, undertake to rescue another from "the just reward of his deeds," alive neither to the feelings of shame, the reproaches of consience, nor the dread of punishment, both temporal and eternal. It appears, from what has been said, that the sin of perjury is of the blackest die, and is such as can, scarcely, admit of aggravation. In order, therefore, to avoid this most criminal of offences, every man who consults his peace of mind, and desires the approbation of God, will always adapt his actions to his words, and his words to his principles: and when he is called upon to give evidence," he will not put "his hand with the wicked to be an unrighteous "witness." He will divest himself of every principle of hatred, affection, fear, or interest, lest he should defeat the end his testimony was designed to answer; lest, under the shades and colors of artifice and evasion, he should conceal the plain draught of truth. Should it be expected, that his evidence should tend, unjustly, to favor a party, he will give the clearest and most impartial account he is able; without regarding at all whose interest his testimony will support. He may subject himself, it may be, by this liberal and ingenuous conduct, to the unjust reproof reproof the prophet incurred, by his sincerity, from the king of Moab, "I took thee to curse mine enemies, and behold thou hast blessed them altogether." And, as on all occasions, where conscience is concerned, more especially, where he appeals to the God of heaven, he will reply with the undaunted spirit of Balaam-" if Balak would give me his house full of "silver and gold, I cannot go beyond the command"ment of the Lord my God, to do less or more, of my own mind." But the violation of an oath is not confined to the witnesses only; the sin may be, sometimes, charged upon the Jury. Should there be one of the jurors, who has any partiality for, or prejudice against, either of the parties; and should he, in compliance with that prejudice or that partiality, attempt, directly or indirectly, to influence the minds of the rest, in order that a verdict may be obtained contrary to the evidence, by which alone their judgment is to be directed, that man does not act according to the tenor of his oath; to speak more plainly, he is perjured*. It is unne cessary The advantages of a trial by jury are undoubtedly many and great. But it does not follow, that such a mode of trial hath not, as Blackstone observes, defects to be removed. I once heard a cause tried of some importance-indeed every cause is of importance, if not to both, to one of the parties--and it was obvious, I believe, to every person in the Court, that the Jury did not know the difference between the Plaintiff and the Defendant. The uprightness of the Judge suggested a just issue. There is another defect in the trial by jury. One obstinate and determined man shall, and, we see every day, does, cause a verdict to be pronounced in direct opposition to truth. Should the question be, afterwards, asked of any of the jurors, why a verdict was given so contrary cessary here to multiply arguments; for what was said of a witness is, in many respects, applicable to a Jury Just let me add, that the strictest impartiality is absolutely necessary; because, should the issue of a cause be different from what was naturally, and justly, expected, it is not merely the injury done to the person aggrieved-though that deserves the minutest attention-but others may be thereby affected, by their appeal to a decision, founded in injustice, obtained by perjury, and sanctioned by law. There is one part of the conduct of a Jury which it may not be thought foreign to my subject, briefly to mention I mean, when the offence is in its nature apparently small, but its punishment esteemed severe. Now the laws that have been found by long experience to be salutary, ought not, surely, to be arrested in their course-ought not, surely, to be rendered invalid because twelve men, incompetent, in general, to judge of the expediency of them, choose-being possessed of the power to impede their force, and destroy their efficacy, notwithstanding they had just before declared in the presence of God, that they contrary to the evidence-what is the reply? Such a person would not agree to any other. Was not this notorious in many of the trials for sedition and treason a few years ago? It is, therefore, greatly to be wished-since daily experience assures us, that a jury is not always composed of twelve good men and true-that instead of their unanimous concurrence, the concurrence of two-thirds, or three-fourths might constitute a legal verdict. I dread innovation as much as any man can do, but justice is so often defeated by ob. stinacy or villany, that necessity calls, loudly, for an amendment of the present mode of trial. Every loyal subject, I believe, concurs with me in opinion. would would determine according to the evidence only. To Το lean to the side of mercy is commendable no doubt. But is not mercy, as it ought to be, the sole province of the Judge? How a verdict of acquittal-when the guilt of the accused is clearly proved-can be reconciled to a man's conscience, requires a degree of casuistry, of which it is difficult to form any comprehension. For, though it may at first sight appear rigorous, to render a person for the acquisition of a trifling gain, obnoxious to the heavy punishment which the laws of his country have decreed-yet it is not, it should be considered, left to the Jury to be influenced by compassion their oath forbids such improper influence they are only to pronounce, whether, from the evidence laid before them, the accused is, in their judgment, guilty of the crime for which he is arraigned, or not: for if he is to be acquitted, because the gain which he has derived is trifling, and the punishment to be inflicted on him, in consequence of being found guilty, severe-will not every one sit down with his first loss, rather than bring an offender before a tribunal, which, for such an offence, will allow him to escape with impunity? The consequences arising from this assumption of mercy, are such as common sense must disapprove, and superior wisdom must deprecate, being vexatious to individuals, by rendering their property insecure; and injurious to society, by encouraging unprincipled men, who are restrained by the dread of punishment alone, to commit every species of petty depredations. Permit me to entreat those who are to give evidence as witnesses, and those who are to judge of the truth and consistency of it, as jurors-permit me to entreat you you both, to fulfil, with conscientious fidelity, the respective duties imposed upon you: permit me to suggest to you, that to your integrity is entrusted the property of individuals, the peace of families, and the welfare of society."6 Quit yourselves, then, "like men." Whilst, on the one hand, you are giv ing evidence, recur frequently to your conscience, and act solely according to its dictates: if, impelled by whatever motive, you feel an inclination to injure one party, by supporting the other at the expence of truth; place yourselves for a moment, in the situation of him you are disposed to injure; and then say, how detestable you appear in your own eyes; then enquire of your hearts, what reward awaits those who bring upon themselves the abhorrence of men, and the indignation of God? Act rather, as if instead of giving evidence before an earthly Judge, you were speaking in the more immediate presence of Him, to whom " every heart is open, and every "secret known." Whilst, on the other hand, you are about to pronounce on the validity of the testimony you have heard-appeal to God that you are acting under no undue influence; that you are seduced by no temptation, and biassed by no prepossession. Be well assured that the verdict you shall give, shall be so just and conscientious, that it shall not bereave you of your expectations of support in the hour of death, nor of your hopes of mercy at the day of Judgment. The denunciation of God against wilful and corrupt perjury is so tremendous," as "to make both the ears of him that heareth it to "tingle. Shall he prosper, shall he escape that VOL. III. doeth A a |