Slavery -- United States; United States -- Politics and government -- 1849-1853
Gentlemen, in the vehement appeals which were made to you by the
government’s counsel, for the condemnation of the prisoner, you were
told that he had “invaded this District, and ruthlessly carried away
more than a hundred thousand dollars’ worth of its property;” and you
were warned that, if you let such a man escape, you might as well
abandon at once all property in slaves. But it so happens, gentlemen,
that you are sworn to try this prisoner for stealing John and Sam, two
slaves of one Andrew Hoover, of the alleged value of fourteen hundred
dollars only. Is each of these forty-one cases against the prisoner
to be inflamed and exasperated by charging him with plundering the
District to the amount of more than a hundred thousand dollars? A
pretty strong effort of fancy, is it not? to work up the fourteen
hundred dollars of the indictment into more than four millions in the
argument! Is this to be another of the oppressive consequences of
multiplying the one alleged offence of the prisoner into forty-one
separate offences? Is the government’s counsel to botch up any sort
of nefarious charge against the prisoner, and then call upon you to
find him guilty on these strained and overwrought exaggerations of his
conduct? No, gentlemen! This would be to suppose that you sit there
to administer the worst kind of Lynch law,--a kind that has all its
injustice, while screening itself from the odium of its violence. The
object of civil society is to protect rights and to redress wrongs.
For these great purposes laws are enacted, courts are established,
juries are instituted, and rules of evidence are framed. Without civil
society, each man would have a right to preserve his own rights and to
redress his own wrongs. Civil society takes away something from a man’s
rights, but it adds immensely to his powers; it makes him stronger than
any individual oppressor, and, on the whole, it protects its members
far better than they could protect themselves. But civil society, like
every thing human, is imperfect. Once out of ten times, or once out
of twenty times, it may fail to accomplish the end for which it was
established. The very instruments it has framed may sometimes be the
cause of its failure. What then? We do but fail in each tenth, or each
twentieth case, when, without the social organization, failure might
have been the general rule. And, therefore, even if a guilty person
does sometimes escape, all we can say is that civil society has not
done its work infallibly. It has done well, though it has not done all.
But suppose this very civil society, wielding as it does the combined
and terrible strength of the whole community, should turn its collected
force against an innocent man, and crush him, then in what an utter
and hopeless ruin is he overwhelmed! How much better for him had
its powerful machinery never existed, than that he should be ground
to powder beneath its wheels! Now, such might be the case with every
Public-domain text, read in full here on John Shaqi.
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