The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-29


f.udsl dsspot For though centuries have ntsrvenod
the nature Of the men h the same; or they dr-r "
they o'n.r Mt ai but IN the circumstances that one
claimed the privilege 10 Cypress divine and here
dfsry right and the other cIsms exercise the
preroaative OF lib-rty Come, thsrsfors. from what
~ the Law BY force and violence Is resisted aud
that PROMPTLY at the outset As it il impossible to
tel. iron the spark of ignition how far the conAagrs
tion extend 80 ia A. impossibls discern ia the
fret gathering Of popular tumurt What conssq
may fellow it-Shether IL will ne but the affair OF dav
grow big with the d-stiny pstiou The rae Drds
n the pest are studded with too many Instances of
society given up TO the sapgsinary dominion of mobs
not ia know their nature aud fee alive their
Such scenes the elements that bring fearful de-
velopem.nt the latent ferocity # mans nature;
and exercise control and dominion. II they
permitted to go on unchecked, disorder oreeps
pressiops which 10 born anarchy and subject to the
uncertain chances OF which the victor OF to- day
liberty tho blessings 81 Law the security OF both
The preservation OF ORDER and he who wmnton.y and
wifuly di,urbs It, IL to be treated the enemy Of his
race and the foe OF society These considerations,
gentlemen meet us ct the threshold of the case adj
vert TO them because the frequent these
scenes ~ violence and disorder has given
to the unfouDd@d opinion that they are be
a. the natural effect Of the working of our free in
stitu'ions The in-fhciency of courts or the I'M
Willingness Of juries to convict In suah cases
have led many to think that the Do w-rless to
repress them So far have things gone in the lar adj
minitrston Of justice that these outbrssks ara not
without their eulogsts those who argue their
ees.ity within comparatively recent period the
municipal council Of u neiyhboriug city deliberately
passed resolution to he effect that such
outbreaks wers necessary to the cultivation OF brave
and courageous habits In our youth as II the noble
quality OF courage att~sted by the Welt
ibes Of defrpc~less women and decing plies erect
"a 10 the worship OF common Gnd propoundiug the
mopstrous that 10 is that the vouth
Of this country should pass through a pupilag. of
boodbed thnto ut him for the rational duties Of the
citizen be should be- encouraged to the developemsnt
Of propensities in which the savage is hi. equal
sddrrss these consdera ions strongly you gentle.
hecSuse II the Law violated IL rests With
you whether the laws shall he vindcated or not; for
In criminal eases. however much may dwell pom
laws and copstitutons to the practical power welded
on the copscieni"usness with which that pc is
the jury must the lien turn, with high hope or With
anxious fear. for everything depends upon the in
,eerty and hrmnsss Of jurors ns every thing is to
be feared from their corruption or servility A
man may do. rs respects hims.h In his per
sonsl matters what he may not do public man He
given as weakness which approximstes In the other
to he nature OF crime This Is n consideration that
juror II never 10 lose sight Of when he enters upon
the discharge Of public duties his indvidua will or
wihSs are To be merged In the great duty
20 society ms will apply t. every case In which
which. from the consequences which follow a d-res-
ten from duty increase the responsibility Of juror
In proportion 10 the results which that pro
duce This II OF those That thel aw SHOULD
be sustained In such most deeply the
peace and welfare OF society That IL should b.
an' IN this city the chief city Of the Union is more
Important COS sideration than IL would be
Ths great metropolis IL he heart and out
wide spread ooptrderacv Usrs ,ben ., ,b,. c,,r.,
point Of attraction ~bich every thing
traes and from which everything ratiates IL Is bsft
tiny that an .xanpl. -hould be set ,hicb sba,i n. .
precedent to the country at lsrgssn example the
faithful and 6ru admins trntion Of ins,Ice vb,ch
tbaIl serve hereafter a. stesdy iiyb, 10 steer M,
when darkness and t-mpest gather around tn. State.
In coDnexop with what have slready said there are
other TO which yonr sttsnfon sh,nid
be drawn great portion Of this trial both in tbs In.
S. ., .sn and In 81. q
tiers which have nothing the OF the
guilt or the innoc~ncs ~ the prisoners We have
pmsipR To do with the question whethsr the cou-
duct OF the authorities was esnsurabie or other
wise-whetbsr more judicious course might have
been pursued than the one adopted This suthori-
ties must answer TO the lay N they have violated
u In any particular or II they are not within
the pale 81 legal responsibility. they must answer
at the great bar o. public opiuion Neithsr IL 1t any
part enquiry to determine whethcr ths interpo-
s,.n 81 the military was nec.ssary-whetber the dig
tohsncs could have been queiled by the police force
without their aid This frms No part of the question
respecting the guilt or Innocence Of the prisoners
they AL with one exception. stand indicted for
alleged 10 have been done before the military frsI aud
they we're srrested In fact before the military
upon 'h. ground Their acts not provoked by tho
tfing The appearance OF ths military Ana IL they
wer- IL would such The military we're
the DUTY Of all citizens to retire before them
Neither you to b. influenced by What has beea al
ersd 70 you 10 r.spo, TO The condition in fe OF tbs
them fer support This might be urged to jury In the
case o. e,sry prisoner foe there are fec who nth
tpcct the youth some OF the DEFENDANTS This IA
matter addressed soiely to the DETERMINATION Of tho
Court; ana The Court Is gifted with large discretion
IN such matters Should any all OF those defendants
be convicted the ourt when called upon perform
The lStt act Of the Law. will not be- unmndluI OF
the tender youth of OF them, bat will distn-
gpth b.tween acts which spring from the M
nature % cuth and acts which the deliberate tesi
u perver,d manhood And Ia passing upon thu Issue
ana the only issue here you are not 20 be drawn OF
from The plain import Of Testimony by wre-drawn d,-
tDefiopp. cobcsivsbl. possibIitiss There IL no
,ubjsct Of human inquiry which may not b. Dyolyed
In inextricsb. confusion by admitting such disturbog
ibnuspces you do not keep steadily before YOU the
real object Of your enquiry pecimy In oass ike
tbs you ~i'l be lost la a II uncertainty. Every
thing, Therefore addressed 20 your preudtc,sto vosr
synJatbef- which may b.. designed 10 ooofu.. YOUR
uuoerstnpdpe p-rpirx your uig re nj l. 10 be esfe
fully watched aud r.j.st.d ben such con id-r.,tous
to you BY dvocat.s Won are To- hear
IN Dibd the pui'ion Of the advocate and 10 attach
what he says In proportion 20 IN. sincerity
With bich he uttsrs IL When an nd,oo 4. pp.Ars a
the advocate Of accused innocence no position . hu.
m being can oceupv L. p-rb.ps ,,or. ...I,.a 10,