Reading Time: 3 minutes [374 words]

464 X. AMERICAN STATE TRIALS.

And here, gentlemen, let me again inform you, that the law
which is to pass upon these prisoners, is a law sdapting itself
to the human species, with all their feelings, passions, and
infirmities; a law which does not go upon the absurd suppo-
sition, that men are stocks and stones; or that in the fervor
of the blood, a man can act with the deliberation and judg-
ment of a philosopher. No, gentlemen; the law supposes
that a principle of resentment, for wise and obvious reasons,
ia deeply implanted in the human heart; and not to be eradi-
eated by the efforts of state policy. It, therefore, in some
degree, conforms itself te all the workings of the passions,
to which it pays a great indulgence, so far as not to be wholly
incompatible with the wisdom, good order, and the very
being of government.

Keeping, therefore, this full in view, let us take once more,
a very brief and cursory survey of the matters supported by
the evidence. And, here, let me ask sober Teason—what lan-
guage more opprobrious—what actions more exasperating,
than those used on this occasion? Words, I am sensible, aro
no justification of blows, but they serve as the grand clues to
discover the temper and the designs of the agents; they serve
also to give us light in discerning the apprehensions and
thoughts of those who are the objects of abuse,

“You lobster,’’ ‘“‘you bloody back,’’ ‘‘you coward,’’ and
“you dastard,’’ are but some of the expressions proved.
‘What words more galling? What more cutting and provok-
ing to a soldier? To be reminded of the color of his garb, by
which he was distinguished from the rest of his fellow citi-
zens; to be compared to the most despicable animal that

to the same words, may so alter and modify a man’s discourse, that it
is almoat impossible to repeat them precisely in the manner in which
they were spoken. Besides, violent and uncommon actions, such as
real crimea, leave a trace in the multitude of circumstances that attend
them, and in their efforts; but words remain only in the memory of
the hearers, who are commonly negligent or prejudiced, It is infl-
nitely easier then to sound an accusation on the words, than on the
actions of s man; for in these, the number of cireumstances, urged
against the sccused, afford him variety of means of justifieation.”
Easay, 48, 9,

Related Posts