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WILLIAM WEMMS AND SEVEN OTHERS. 465

crawls upon the earth, was touching indeed a tender point.
To be stigmatized with having smarted under the lash at the
halbert; to be twitted with so infamous an ignominy, which
was either wholly undeserved, or a grievance which should
never have been repeated; I say, to call upon and awaken
sensations of this kind, must sting even to madness, But
aceouple these words with the succeeding actions—‘You
dastard—you coward!’’ A soldier and a eoward! This was
touching (with a witness) ‘“‘the point of honor, and the
pride of virtue.”? But while these are as yet fomenting the
passions, and swelling the bosom, the attack is made; and
probably the latter words were reiterated at the onset; at
least, were yet sounding in the ear. Gentlemen of the jury,
for heaven’s sake, let us put ourselves in the same situation!
‘Would you not spurn at that spiritless institution of society,
which should tell you to be a subject at the expense of your
manhood?

But does the soldier step out of his ranks to seek his
revenget Not a witness pretends it, Did the people come
within the points of their bayonets, and strike on the muz
zles of the guns? You have heard the witnesses.

Does tha law allow one member of the community to be-
have in this manner towards his fellow citizen, and then bid
the injured party be calm and moderate? The expressions
from one party were—‘‘Stand off—stand off!’? ‘I am upon
my station.’’ ‘If they molest me upon my post, I will fire.’”
“By God I will fire!” ‘‘Keep off!’? These were words
likely to produce reflection and procure peace. But had the
words on the other hand a similar tendeneyt Consider the
temper prevalent among all parties at this time. Consider
the then situation of the soldiery; and come to the heat and
pressure of the action. The materials are laid, the spark is
raised, the fire enkindles, the flame rages, the understanding
is in wild disorder, all prudence and true wisdom are utterly
consumed. Does-common sense, does the law, expect impossi-
bilities? Here, to expect equanimity of temper, would be as
irrational, aa to expect discretion in a mad man. But was

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