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472 X. AMERICAN STATE TRIALS.

to recollect with what temper the law requires we should
proceed to this trial ‘The form of proceeding at their
arraignment has discovered, that the spirit of the Jaw upon
soch occasions, is conformable to humanity, to common sense
and feeling; that it is all benignity and candor. And the
trial commences with the prayer of the court, expressed by
the clerk, to the supreme judge of judges, empires, and
worlds: ‘God send you a good deliverance.’”

‘Wa find, in the rutes laid down by the greatest English
judges, who have been the brightest of mankind, that we are
to look upon it as more beneficial, that many guilty persona
should escape unpunished, than that one innotent person
should suffer. The reason is, because it is of more impor
tance to the community, that innocence should be protected,
than it is, that guilt should be punished; for guilt and
erimes are so frequent in the world, that all of them cannot
‘be punished; and many times they happen in such a man-
ner, that it is not of much consequence to the public, whether
they are punished or not. But when innocence itself ia
brought to the bar and condemned, especially to die, the
subject will exclaim, it is immaterial to me whether I behave
well or ill, for virtue itself is no security. And if such a
sentiment as this should take place in the mind of the sub-
ject, there would be an end to all security whatsoever. I
will read the words of the law itself.

The rules J shall produce to you are from Lord Chief
Justice Hale, whose character as a lawyer, as a man of learn-
ing and philosophy, and as @ christian, will be disputed by
nobody living; one of the greatest and best characters the
English nation ever produced, his words are these: Tufius
semper est errare in acquietando, quam in puniendo, ex
parte misericordiac, quam ex parte justitiee; it is always
safer to err in acquitting than punishing, on the part of
merey than the part of justice. The next is from the same
authority: Tutius erratur ex parte mitiori; it is always safer
to err on the milder side, the side of merey; the best rule in
doubtful cases, is, rather to incline to acquittal than convie-

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