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554 XY. AMERICAN STATE TRIALS.

impose a high degree of responsibility both upon the Court
and upon the jury. Nothing might reconcile us to such a re-
sponsibility, but the stern necessity of maintaining the su-
premacy and integrity of the laws. Unleas wo do that, we
prove recreant to the solemn trust which society haa reposed
in us, and which the publie good requires us faithfully to
fulfill. The laws must be strictly carried into effect, while
the rights of the accused are entitled to all the consideration
which is guaranteed to them, You are selected therefore, for
a duty which imposes upon you a high responsibility. . . .
Now, gentlemen, being thus constituted, and being consti-
tuted to act in accordance with truth and justice, there re-
mains nothing more te be done but to obtain all the light
that can be found, and render that judgment which the prin-
ciples of law and equity require. If that is done, we have
performed all our duty. If an error should happen to be
made after carefully considering the question, and after care-
fully weighing the evidence and deriving conclusions by the
aid of those means which are specified as the best, it would
‘be an excusable error. ‘To err is human,’’ yet this should
not deter ua from acting under the weight of high responsi-
biktie, . . . With these remarks, gentlemen, I propose
now to proceed on the part of the Court to the exercise of
that duty which devolves upon us. It belongs to the legisla-
tor to prescribe the punishment, and if the offender is en-
titled to merey, it must proceed from the peculiar prerogative
of the executive power. In all free governments, laws are
not instituted that have not some avenues of mercy. Every
government which is not so constituted is an imperfect gov-
ernment. Merey arises after conviction has taken place, and a
jury would depart as far from the exercise of their functions
in refusing to convict upon the evidence of guilt, in conse-
quence of an improper assumption of clemency, as they would
in refusing to acquit upon just grounds of innocence. . . .

The defendant, genflemen, stands charged with the erime
of wilful murder—the highest crime known to the law. The
question is, whether he is guilty of the offense, It turns out

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