“We have heard it publicly said of late, oftener than formerly, _Whosoever sheddeth man’s blood, by man shall his blood be shed_. This is plainly, gentlemen, a general rule, which like all others of the kind must have its exceptions—a rule, which if taken in its strict literal latitude, would imply, that a man killing another in self-defence, would incur the pains of death—a doctrine that certainly never prevailed under the _Mosaical_ institution; for we find the _Jews_ had their six cities of refuge, to which the man-slayer might flee from the avenger of blood.” Let it be observed _en passant_, that it was ordained that the man-slayer should abide in the city of refuge till the death of the high-priests, so every person to escape such confinement and restraint, would be extremely careful lest he should prove the casual occasion of another’s death; and would not venture upon gratifying a settled or sudden evil disposition, by needlessly slaying a fellow-creature, because it would pass for chance-medly. But to go on in company with Mr. Quincy. “And so, that _the_ MURDERER _shall flee to the pit_, comes under the same consideration. And when we hear it asked, as it very lately has been,” Who DARE stay him? “I answer, if the laws of our country stay him, you ought to do likewise; and every good subject _dares_ to do what the law allows. But the very position is _begging the question_; for the question now in issue is, whether either of the prisoners is _a murderer_ in the sense of our laws, what is murder and what not, is a _question of law_ arising upon facts stated and allowed.” “Again, you shall take no satisfaction for the life of a _murderer_, who is _guilty of death_.” Here again is a begging the question; and moreover the words _guilty of death_, if rightly considered, must be one of those general rules which always have their exceptions. But in the margin of our great bible, we find them rendered _faulty to die_. Against a position of this kind we have no objection. If we have committed _a fault_, on which our laws inflict the punishment of _death_, we must suffer. But what fault we have committed, you are to inquire; or rather you, gentlemen, are to find the _facts proved in court against us_, and the judges are to see and consider what the law pronounces touching our offence, and what punishment is thereby inflicted as a penalty.”