“I cannot take my seat, sir, without expressing my deep and sincere
sorrow at the policy which the gentlemen in the defense have thought
it necessary to adopt. As to Mr. Martin, I should have been willing
to impute this fervid language to the sympathies and resentments of
that friendship which he has taken such frequent occasions to express
for the prisoner, his honourable friend. In the cause of friendship I
can pardon zeal even up to the point of intemperance; but the truth
is, sir, that before Mr. Martin came to Richmond, this policy was
settled, and on every question incidentally brought before the court,
we were stunned with invectives against the administration. I appeal
to your recollection, sir, whether this policy was not manifested even
so early as in those new and until now unheard of challenges to the
grand jury for favour? Whether that policy was not followed up with
increased spirit, in the very first speeches which were made in this
case; those of Mr. Botts and Mr. Wickham on their previous question
pending the attorney’s motion to commit? Whether they have not seized
with avidity every subsequent occasion, and on every mere question of
abstract law before the court, flew off at a tangent from the subject,
to launch into declamations against the government? Exhibiting the
prisoner continually as a persecuted patriot; a Russell or a Sidney,
bleeding under the scourge of a despot, and dying for virtue’s sake!
If there be any truth in the charges against him, how different were
the purposes of his soul from those of a Russell or a Sidney! I beg to
know what gentlemen can intend, expect, or hope, from these perpetual
philippics against the Government? Do they flatter themselves that this
court feel political prejudices which will supply the place of argument
and innocence on the part of the prisoner? Their conduct amounts to an
insinuation of the sort. But I do not believe it. On the contrary, I
feel the firm and pleasing assurance, that as to the court, the beam
of their judgment will remain steady, although the earth itself should
shake under the concussion of prejudice. Or is it on the bystanders
that the gentlemen expect to make a favourable impression? And do they
use the court merely as a canal, through which they may pour upon the
world their undeserved invectives against the Government? Do
they wish to divide the popular resentment and diminish thereby their
own quota? Before the gentlemen arraign the administration, let them
clear the skirts of their client. Let them prove his innocence; let
them prove that he has not covered himself with the clouds of mystery
and just suspicion; let them prove that he has been all along erect
and fair, in open day, and that these charges against him are totally
groundless and false. That will be the most eloquent invective which
they can pronounce against the prosecution; but until they prove this
innocence, it shall be in vain that they attempt to divert our minds
Public-domain text, read in full here on John Shaqi.
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