Dana's letter to Attorney General W.M. Evarts on August 24, 1868: "We know that it only requires one dissenting juror to defeat the Government and give Jefferson Davis and his favorers a triumph. Now, is not such a result one which we must include in our calculation of possibilities? Whatever modes may be legally adopted to draw a jury, or to purge it, and whatever the influence of the court or of counsel, we know that a favorer of treason may get upon the jury. But that is not necessary. A fear of personal violence or social ostracism may be enough to induce one man to withhold his assent from the verdict, especially as he need not come forward personally, nor give a reason, even in the jury-room. This possible result would be most humiliating to the Government and people of this country, and none the less so from the fact that it would be absurd."



[Post edited by DanTheFan at 11/27/2017 12:20PM]