Slavery -- United States; United States -- Politics and government -- 1849-1853
But, gentlemen, there is another aspect of this case, which presents,
in a manner still more glaring, the enormity of the proceeding to
which we are subjected. Under each of the forty-one indictments
against this prisoner for stealing, he is liable, if convicted, to be
sentenced to twenty years’ imprisonment, which would make an aggregate
imprisonment of more than eight hundred years. Methuselah himself must
have been caught young, in order to survive such a sentence. The very
shortest time which the court, in its discretion, could imprison,
after a conviction on all these indictments, would be two hundred
and eighty-seven years! Did the law ever contemplate so cruel and
revengeful a proceeding? Did the law ever suppose that the court, after
having sentenced a man to eight hundred years’ imprisonment, or even to
two hundred and eighty years’ imprisonment, should go on, and sentence
him to twenty years, or even to seven years more?--when the court must
know that it would be imposing sentences to be executed centuries after
the prisoner would be dead, and after he would have left his prison,
not to return to this world, but to go to another.
But even this is not all. Behind these forty-one indictments for
stealing stand drawn up, in battle array, against this same prisoner,
seventy-four other indictments for transporting the very slaves whom
he is charged to have stolen. The penalty for each of these offences
is a fine of two hundred dollars, with imprisonment till paid. The
aggregate of these fines would be $14,800. But a penalty not inflicted
by the statute, but superadded by this unwarrantable proceeding of the
government, is the defence of seventy-four successive cases, under
which the wealthiest, the strongest, and the most innocent man must
break down, and be swept to ruin.
Corresponding with the oppressive character of all these preliminaries
was the manner of the prosecutor, in his opening argument. He has
seen fit to use language against the prisoner the most vehement and
denunciatory. He has imputed to him every base motive that can actuate
a depraved heart, and showered upon him the coarsest epithets that
can describe a villain. Now if it shall turn out that my client is
innocent, then all these criminations are unjust and cruel; and even
should it be proved that he is guilty, it is no part of his punishment
to be compelled to sit here in enforced silence, hour after hour, and
hear himself denounced and vilified in language as unfitted to his
character as to the sobriety of judicial proceedings.
Public-domain text, read in full here on John Shaqi.
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