It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished. But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, "whether I do good or whether I do evil is immaterial, for innocence itself is no protection," and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.
A lawyer once told a jury that the person his client stood accused of having killed was about to walk through the courtroom door. When the jurors looked startled, the lawyer asserted that if those jurors had wondered, even for one second that the victim might appear, that belief constituted enough reasonable doubt for them to find his client innocent.
If Aristotle, Livy, and Harrington knew what a republic was, the British constitution is much more like a republic than an empire. They define a republic to be a government of laws, and not of men. If this definition is just, the British constitution is nothing more or less than a republic, in which the king is first magistrate. This office being hereditary, and being possessed of such ample and splendid prerogatives, is no objection to the government's being a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right to defend.
A single assembly will never be a steady guardian of the laws, if Machiavel is right, when he says, Men are never good but through necessity: on the contrary, when good and evil are left to their choice, they will not fail to throw every thing into disorder and confusion. Hunger and poverty may make men industrious, but laws only can make them good; for, if men were so of themselves, there would be no occasion for laws; but, as the case is far otherwise, they are absolutely necessary.
Since natural law was thought to be accessible to the ordinary man, the theory invited each juror to inquire for himself whether a particular rule of law was consonant with principles of higher law. This view is reflected in John Adams' statement that it would be an 'absurdity' for jurors to be required to accept the judge's view of the law, 'against their own opinion, judgment, and conscience.'
Thus, experience has ever shown, that education, as well as religion, aristocracy, as well as democracy and monarchy, are, singly, totally inadequate to the business of restraining the passions of men, of preserving a steady government, and protecting the lives, liberties, and properties of the people . . . . Religion, superstition, oaths, education, laws, all give way before passions, interest, and power, which can be resisted only by passions, interest, and power.