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470 X. AMERICAN STATE TRIALS,

we do not wish to extend matters so far. We cite this author
to show the world that the grestest friends to their country,
to universal liberty, and the immutable rights of all men
have held tenets and advanced maxims favorable to the pris-
oners at the bar. And although we should not adopt the
sentiments of Mr. Locke in their most extensive latitude, yet
there seems to be something very analogous to this opinion,
which is countenaneed in our laws.

There is a spirit which pervades the whole system of Eng-
lish jurisprudence which inspires a freedom of thought,
speech and behavior. Under 2 form of government like ours
it would be in vain to expect that pacific, timid, obsequious,
and servile temper, so predominant in more despotic govern-
ments. From our happy constitution there results its very
natural effects—an impatience of injuries and a strong re-
sentment of insults (and a very wise man has said, ‘He who
tamely beareth inzults inviteth injuries,”’) : Henee, I take it
that attention to the ‘‘feelings of humanity ””—to ‘humanity
and imperfection’’—‘‘the infirmities of flesh and blood ;’’ that
attention to ‘the indellible rights of mankind’’—that lenity
to “the passions of man’’;—that “benignity and eondeseen-

. Sion of the law’? so often repeated in our books. And, in-
deed, if this were not the case the genius of dur civil consti-
tution and the spirit of our municipal law would be repug-
nant—that prime defect in any political system—that grand
solecism in state policy.

Gentlemen of the Jury: This case has taken up much of
your time, and is likely to take so much more, that I must
hasten to a close; indeed, I should not have troubled you,
by being thus lengthy, but from a sense of duty to the pris-
oners, who, in some sense, may be said to have put their
lives into my hands; whose situation is so peculiar, that we
have necessarily taken up more time than ordinary casea
would require; who, under all these circumstances, placed
a confidence, which it was my duty not to disappoint; and
which I have aimed at discharging with fidelity. ¥ trast that
You, gentlemen, will do the like; that you wil! examine and

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