The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1825-09-22
THE FOLLOWING SPEECH

Communicated TO the Editors Of the Yirgi.
MAN for publication, was intended To be deli
vered in behalf OF the prisoner, in late Grim.
inal prosecution ; all argument was, howe
yer, waived il is Tor the purpose OF givin ];
the public some insight into the facts u rriu,
ciples of this interesting case that it is now
published
GENTLEMEN OF THE JUR7: Great and
good men in every age have doubted the
prOprIpty OF preventing the commission of
crimes by the punishment Of death. We
have been told that il is not authorised by
the law of nature, that ii is n 4 founded in
reason, that it is not even necessary or use
fDl for the general good. independent of
those precepts of Scripture which clearly
give to civil society the right to inllict this
punishment, it may be justified on the
ground of absolute necessity. Were We
not To bring to the bar of public jpsticc,
and expose to the merIted punishment Of
death, the man Who had committed the
ciuel aud bloody deed of murder, what a
spectacle would our country present. Thu
evil prepensllIes II passions of man would
coon cover our land with crime. Murder
would walk abroad IN the face of day j;
blood and destruction would become fani-
art' our sight c;,iliztlon would he 1T
an end all government would be
subverted ; and man reduced to state of
nature. / then for ore cannot doubt yuur
right 10 prevent by the temhle sanction of
death, the commission of those crimes that
strike At TIN, very foundation of civil socie-
ty. He that sleeps his han in his brothers
blood, deserves TO bessnspenaed from the
gaIlews AS an example to society and ter
tor to those whose evil dispositions may
prompt them to similar offences. | have
merely adverted 10 these speculative opin.
ons for the purpose of impressing YOU
minds with the solefnnity of the occasion,
of bringing to your recollection the aHfu
responsibility which has been imposed up
on you by your country. If philosophers
have doubted the right of civil society to
plot the destruction of an individual, with
what canton ought yon to impose the hea-
w penalties of death With what feelings
ought you to enter the walls of a court Of
Jnsticr,to dFcldein the presence ofyonrG ID,
& before your country, on the life Il death
ola fellow creature You should have
your minds haIIowel for the solemn office
--you should feel as if standing on holy
ground-you should purify, as far as posi-
bic, your hearts from prejudices or predi-
lectIons-Iisten 10 the dictates of reason
regard only the appreciation Of that inter-
nal monitor your conscience, whose RE-
prOaches no voice can still. Listen, then,
Gentlemen, to the evidence which has
been detailed to you and, if, after a vigi-
lent scrutiny into the charge you should be
satisfied of his guilt, discharge your duty
to yourselves, 10 your country, aud your
God, by pronouncng the sentence OF death.
! Oh the contrary you should be conyinc-
ed OF his Innocence, render to him that
measure oi Justice which you would re-
ceive placed in his situation. If doubts
exist, the humanity of our laws and the
satety-of our citizens, alike require that the
scales of Justice should be turned in favor
OF the accused.-An adherence to this
Is what Constitutes the palladium
of safe trial. That you should no, he sa-
tished with any thing short of moral GER
rAinty, in substantlating charge Of 10 much |
ttrocity, is ruh of law, which YOU will |
ieei It your duty 10 observe. This species |
Of incredulity, is what constitutes the Justice |
and wisdom of jury.-It is the Esis |
which is to shield the innocent from the |
shafts Of calumny and the effects of popu-