It should seem to my way of conceiving such
matters that there is a very wide difference, in reason and policy, between the
mode of proceeding on the irregular conduct of scattered individuals, or even of
bands of men who disturb order within the state, and the civil dissensions which
may, from time to time, on great questions, agitate the several communities
which compose a great empire. It looks to me to be narrow and pedantic to apply
the ordinary ideas of criminal justice to this great public contest. I do not
know the method of drawing up an indictment against a whole people. I cannot
insult and ridicule the feelings of millions of my fellow-creatures as Sir
Edward Coke insulted one excellent individual (Sir Walter Raleigh) at the bar. I
hope I am not ripe to pass sentence on the gravest public bodies, intrusted with
magistracies of great authority and dignity, and charged with the safety of
their fellow-citizens, upon the very same title that I am. I really think that,
for wise men, this is not judicious; for sober men, not decent; for minds
tinctured with humanity, not mild and merciful.
Pages:
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96