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40 X, AMERICAN STATE TRIALS.

of Antony over the dead body of Cesar, and he is fresh from
the interview of Hamlet with the “buried majesty of Den-
mark.’’ If his poliey were like that of the artful Triumvir,
who sought to inflame the rabble of Rome to avenge the death
of his friend, or like that of the murdered father, who stirred
a living son to vengeance, his words were well matched to
his purpose. But he is neither in Rome moving a fickle pop-
ulace to counter-revolution; nor is he in Denmark, exciting a
son to bloodshed. He is in a tribunal of law, which does not
sit, ‘‘to sup on horrors,’’ however artistically prepared. What
legal consequences attach to the fact? Is it any measure
of the offense, the time between the stroke and the death?
Does the crime depend in any sort upon the length of that
interval? If he had lived a month after the wound, would it
have been less or more a crime to inflict itt A man, by acci-
dent or misfortune, kills his fellow—he does it on the instant
—he is hurried before his Maker and Judge without oppor-
tunity to utter the word ‘‘pardon;’’ is it therefore less an
accident—less excusable homicide under our statutet A man,
in the heat of passion, under strong provocation, Kills his
adversary without a ‘‘moment’s preparation’’—which all of
us need—nay, worse than that, kills him when there is blas-
phemy on his lips and in his heart—is the homicide less man-
slaughter for that? Does the legal criterion of crime ever de-
pend, in homicide upon the condition in which the aoul goes to
judgment? There is but one answer to these questions. The
law furnishes to you no means by which you can use the fact.
You cannot legally value it. It is not put to you as jurors,
as administrators of the law. It is addressed to you as men,
who may forget under the dominion of passion the character
in which you act. The law distinguishes between “‘that which
belongs to Cesar and that which belongs to God.’’ He will
take care of His judgment day, and dispense justice to all
who appear at His bar, without our agency; and we know too
Tittle of the condition of souls at that dread tribunal to found
human statutes upon it,

But Mr. Coalter was not content thus to present to you the
case of the State, warmed as it was by his impassioned ap-

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