And no tribunal that attempts to try this issue can have any moral right to declare a man guilty, for an act that is intrinsically innocent, at the bidding of a legislature, any more than at the bidding of anybody else.
He argues that no tribunal has the moral right to declare someone guilty of an innocent act, regardless of legislative authority.
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But there is no reason why a judge should have the power of punishing, for contempt, any more than for any other offence.
It is also sheer impudence, on their part, to assume that their commands are at all necessary to teach other men what is, and what is not, justice.
In that case the trial is really a trial by the government, and not by the jury.
All those who are not forbidden by law may be judges (jurors).