sworn on the panel; and exclude him if he be found unfavorable to
the maintenance of such a law. [1]

So, also, if the government may dictate to the jury what laws they
are to enforce, it is no longer a " trial by the country," but a trial by
the government; because the jury then try the accused, not by any
standard of their own not by their own judgments of their rightful
liberties but by a standard. dictated to them by the government.
And the standard, thus dictated by the government, becomes the
measure of the people's liberties. If the government dictate the
standard of trial, it of course dictates the results of the trial. And
such a trial is no trial by the country, but only a trial by the
government; and in it the government determines what are its own
powers over the people, instead of the people's determining what
are their own liberties against the government. In short, if the jury
have no right to judge of the justice of a law of the government,
they plainly can do nothing to protect the people against the
oppressions of the government; for there are no oppressions which
the government may not authorize by law.

The jury are also to judge whether the laws are rightly expounded
to them by the court. Unless they judge on this point, they do
nothing to protect their liberties against the oppressions that are
capable of being practiced under cover of a corrupt exposition of
the laws. If the judiciary can authoritatively dictate to a jury any
exposition of the law, they can dictate to them the law itself, and
such laws as they please; because laws are, in practice, one thing
or another, according as they are expounded.

The jury must also judge whether there really be any such law, (be