“I think, gentlemen, I have said enough to indicate the dangers which
lurk in the temptation to apply in its arid literalness the letter of
the law. I am aware that such a precaution tells against the cause I
am pleading, because, as I think I have made clear to you, the letter
of the law demands the acquittal of the prisoner at the bar. But those
who seek for direction in great issues must strive to forget their
personal cause. According to the law you are pledged to obey your duty
is clear; but as every day its tendency to err becomes more visible,
I feel I must not, I feel I dare not, place too implicit a trust in
its clemency. Therefore, gentlemen, I am about to supplement this law,
I am about to reinforce it, and to reinforce you, by a reference to
that moral code which each and every one of God’s citizens carries in
his own heart, that is the only tribunal known to mankind that is not
liable to error. And I think you will agree with me that the nature of
this case allows me to partake of the inestimable boon of appealing to
it.
“When I watched you defile into this dismal room this morning, one
after another, faltering and uncertain in your steps, and bearing about
you many evidences of having been overcome by the cruel task which
had been imposed upon you by no will of your own, my heart went out
to you, and I could not help reflecting that I would rather be in my
own case, awful as it was to me, than I would be in yours. I at least
could walk upon the higher ground without misgiving. I had not been
pressed into the service of this court of justice to make obeisance to
a ruthless and obsolete formula. I was not called upon to subscribe
to a compact that was repugnant to my moral nature; I was not called
upon to enact the brutal travesty of sealing it with my lips. But, my
friends, as I marked you this morning, with a great fire burning in
my veins, I wondered by what miracle it was, I wondered by what signal
act of grace, I too did not stand among you in my capacity of a private
citizen, to bear my part in this saturnalia of justice. Who was I,
that I should not be plucked from among my family and my friends, from
my peaceful vocations and my modest toil, to do to death a woman? Who
was I, that I should be exempt from this bitter degradation which my
peers are called upon to suffer? And in thinking these thoughts, my
friends, it came upon me suddenly--call it a prophetic foresight if you
will--that one of these days I should be called to sit among you. And I
said to myself, ‘When that comes to pass, what will you do?’ I said to
myself, ‘What will you do?’
Public-domain text, read in full here on John Shaqi.
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