The history of the rise, progress, and establishment of the independence of the United States of America, Vol. 1 (of 3) : $b Including an account of the late war, and of the thirteen colonies, from their origin to that periodGordon, William
History
The history of the rise, progress, and establishment of the independence of the United States of America, Vol. 1 (of 3) : $b Including an account of the late war, and of the thirteen colonies, from their origin to that period
Gordon, William
United States -- History -- Colonial period, ca. 1600-1775; United States -- History -- Revolution, 1775-1783
Mr. John Adams, in his pleadings, produces from the best authorities,
those rules of law which must govern all cases of homicide, and
particularly that which is before the court; and then considers the
evidence, to see whether any thing has occurred that may be compared to
the rules of law. He enters into a minute consideration of every witness
produced on the crown side; and endeavours to show from the evidence on
that side, that the assault upon the party was sufficiently dangerous to
justify the prisoners; at least that it was sufficiently provoking to
reduce to manslaughter the crime even of the two, who are supposed to be
proved guilty of having killed. He then proceeds to consider the
testimonies of the witnesses for the prisoners; and concludes with—“I
will enlarge no more on the evidence, but submit to you,
gentlemen.—Facts are stubborn things; and whatever may be our wishes,
our inclinations, or the dictates of our passions, they cannot alter the
state of facts and evidence: nor is the law less stable than the fact.
If an assault was made to endanger their lives the law is clear, they
had a right to kill in their own defence. If it was not so severe as to
endanger their lives, yet if they were assaulted at all, struck and
abused by blows of any sort, by snow-balls, oyster-shells, cinders,
clubs, or sticks of any kind, this was a provocation for which the law
reduces the offence of killing down to manslaughter, in consideration to
those passions in our nature which cannot be eradicated.—To your candor
and justice I submit the prisoners and their cause.”
“The law, in all vicissitudes of government, fluctuations of the
passions, or flights of enthusiasm, will preserve a steady undeviating
course; it will not bend to the uncertain wishes, imaginations, and
wanton tempers of men. To use the words of a great and worthy man, a
patriot, and an hero, an enlightened friend of mankind, and martyr to
liberty, I mean ALGERNON SIDNEY, who from his earliest infancy sought a
tranquil retirement under the shadow of the tree of liberty, with his
tongue, his pen, and his sword. “The law (says he) no passion can
disturb. ’Tis void of desire and fear, lust and anger. ’Tis mens _sine
affectu_; written reason; retaining some measure of the divine
perfection. It does not enjoin that which pleases a weak, frail man, but
without any regard to persons, commands that which is good, and punishes
evil in all, whether rich or poor, high or low. ’Tis deaf, inexorable,
inflexible.” On the one hand it is inexorable to the cries and
lamentations of the prisoners; on the other it is deaf, deaf as an adder
to the clamors of the populace.”
Public-domain text, read in full here on John Shaqi.
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