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JOHN HODGES. in

liverance from the danger that encompassed him. In that
hope I have been disappointed. As if the salvation of the
state depended upon the conviction of this unfortunate man—
‘whose aituation, one would think, an inquisitor might deplore
—the district attorney has gone out of his way to bring down
vengeance upon him; and one of the court has told you that
he is s traitor, and you ought to find him so.

In a case where justice might be expected to be softened
into clemency, and even to connive at acquittal, where every
generous sentiment must take part with the accused, and Jaw
might be thought to fear the reproach of tyranny, if it should
sueceed in crushing him—in such a case the established order
of trial is deserted, a pernicious novelty is introduced, the
eourt is ealled npon to mix itself in your deliberations, to mu-
tilate the defense of the prisoner’a counsel, to harden your
consciences against the solicitations of an enlightened merey,
and to sacrifice the prisoner to gloomy and exterminating
prineiplea, which would render the noble and beneficent sys-
tem of law, for which wo are distinguished, a hideous spec-
tacle of cruelty and oppression. For the sake of the country
to which I belong, as well aa of my client, I will not only pro-
test before you against these principles, but will examine and
speak of them with freedom; restrained only by the decoram
which this place requires.

In my argument to the court I showed that if it be done
treacherously it is treason; but that if the commander act
from any motive not corrupt, no indictment can touch him.
if the fort be as impregnable as Gibraltar, and be garrisoned
with 50,000 men, and it is surrendered to a force of half that
number, from motives of fear, the commander cannot be pun-
ished as a traitor. What can be more strong to show that
upon an indictment for adherence, the law looks into the
heart, and adapts its penalties accordingly? Has that author.
ity been answered?

In the ease of Stone, which was parallel with the point,
the court said expressly, if the heart be pure it matters not
how incorrect the conduct. So the counsel argued; and

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