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 recognized as a common law
right, when the ancient and genuine trial by jury was in force, is
not only proved by the nature of the trial itself, but is
acknowledged by history. [4]

This right of resistance is recognized by the constitution of the
United States, as a strictly legal and constitutional right. It is so
recognized, first by the provision that "the trial of all crimes,
except in cases of impeachment, shall be by jury" that is, by the
country and not by the government; secondly, by the provision
that "the right of the people to keep and bear arms shall not be
infringed." This constitutional security for "the right to keep and
bear arms," implies the right to use them as much as a
constitutional security for the right to buy and keep food would
have implied the right to eat it. The constitution, therefore, takes it
for granted that

the people will judge of the conduct of the government, and that,
as they have the right, they will also have the sense, to use arms,