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WILLIAM WEMMS AND SEVEN OTHERS. 467

rule which, if taken in its strict literal latitude, would imply
that a man killing another in self-defense, would incur the
pains of death. A doctrine which no man in his senses would
ever embrace; a doctrine that certainly never prevailed under
the Mosaical institution. For we find the Jews had their six
cities of refuge to which the manslayer might flee from the
avenger of blood. And something analogous to this (if it
did not originate from it) is our benefit of clergy.

And so, that, ‘the murderer shall flee to the pit’” comes un-
der the same consideration. And when we hear it asked, as
it very lately has been, ‘‘Who dare stay him?’’ I answer, if
the laws of our country stay him, you ought to do likewise;
and every good subject dares te do what the law allows. But
the very position is begging the question; for the question
now in issue is whether either of the prisoners is a murderer,
in the sense of our laws; for you recollect that what ig mur-
der and what not, is a question of Jaw arising upon facts
stated and allowed.

But go on; ‘You shall take no satisfaction for the life of a
murderer which is guilty of death.’” Here again is a begging
the question; and moreover the words ‘‘guilty of death,’ if
rightly rendered from the original, must be one of those gen-
eral rules I just now mentioned; which always have their ex-
ceptions. But those words seem to be wrongly translated: for
in the margin of our great bible we find them rendered
“faulty to die.’”’ Against a position of this kind we have no
objection. If we have committed a fault, on which our laws
inflict the punishment of death, we must suffer. But what
fault we have committed you are to inquire: or rather you,
gentlemen, are to find that the facts proved in court against
us, and the judges are to see and consider what the law pro-
nonnces touching our offense, and what punishment is there-
by inflicted as a penalty.

In order to come at the whole law resulting from the facta
which have been proved, we must inquire into the legality
of the assemblies. For such is the wisdom and policy of the
law, that if any assembly be lawful, each individual of that

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