Page:History of Greece Vol V.djvu/415

CttAKGES At ATHENS tiNDfiR PERIKLES. S^ On the other hand, the imperfections inherent in jury-'trial Were likewise disclosed in an exaggerated form under the Athe- a fair and impartial trialj and one that is liable to the greatest objections. They must do more ; they must restrict that choice, so as not to suffer an ill-advised individual to degrade them into instruments of min, though it should be voluntarily inflicted ; or of death, though that death should be" suicide. " Another advaiitage of rendering this mode of trial obligatory is, that it diffuses the most valuable information among every rank of citizens ; it i3 a school, of which every jury that is impanelled is a separate class, where the dictates of the laws, and the consequences of disobedience to them, are practically taught. The frequent exercise of these important functions, moreover, gives a sense of dignity and self-respect, not only becoming to the character of a free citizen, but which adds to his private happiness. iJeither party-spirit, nor intrigue, nor power, can deprive him of this share in the administration of justice, though they can humble the pride of every other ofiice and vacate every other place. Every time he is called on to act in this capacity, he must feel that though placed in the humblest station, he is yet the guardian of the life, the liberty, and the reputation of his fellow-citizens against injustice and oppression ; and that while his plain understanding has been found the best refuge for innocence, his incorruptible integrity is pronounced a sure pledge that guilt will not escape. A state whose most obscure citizens are thus individually elevated to perform these august functions ; who are alter- nately the defenders of the injured, the dread of the guilty, the vigilant guardians of the constitution ; without whose consent no punishment can be inflicted, no disgrace incurred ; who can by their voice arrest the blow of oppression, and direct the hand of justice where to strike, — such a state can never sink into slavety, or easily submit to oppression. Con'upt rulers may pervert the constitution : ambitions demagogues may violate its pre- cepts : foreign influence may contfol its operations ; but while the people enjoy the trial by jury, taken by lot from among themselves, they cannot cease to be free. The information it spraiids, the sense of dignity and inde- pendence it inspires, the courage it creates, -nill always give them an energy of resistance that can grapple with encroachments, and a renovating spirit that will make arbitrary power despair. The enemies of freedom know this : they know how admirable a vehicle it is, to convey the contagion of those liberal principles which attack the vitals of their power, and they therefore guard against its introduction with more care than they would take to avoid pestilential disease. In countries where it already exists, they insidiously endeavor to innovate, because they dare not openly destroy : changes incon- sistent with the spirit of the institution arc introduced, under the plausible pretext of improvement : the common class of citizens are too ill-informed to per- form the functions of juror s,-^a selection is necessary. This choice must be con* fided to an agent of executive power, and must be made among the most eminent for education, wealth, and respectability : so that, after several sac-