Year: 1859

, here for the defence, the scrupulou,
! truthiulncss of the witnesses witt
have testified, and the decorum ant
, justness Of the juries who have actet
their parts from the first hour OF thi.
court to the present time--I speak in
the hearing of the country. An i'm.
portant and memorable page in histo
ry is being written. Let it not be
omitted that Virginia has thrown
around band Of deluded men, who
invaded her soil with treason and
murder, all the safeguards Of her Con
stitution and laws, and placed them
in her courts upon an equality with
her own citizens. know of what
speak, and my love of truth and sense
Of right forbid me to be silent on this
point.


Gentlemen, am not here OH behalf
of this pale.faccd, fair'haircd wan.
dercr from his home and the paths OF
duty to talk to you about legal tech.
nicalites of law, born of laborious
analysis by sight Of the midnight
lamp. lpace him before you on no
such ground. lie is in the hands of
friends who abhor the conduct of which
he has been guilty. But does that de.
bar him Of human sympathy! Docs
the simple act smite the erring broth.
er with leprosy which iorbids the
touch of the hand of affection! Is
his voice olrepcntance and appeal for
forgiveness stihed in his mouth! Ii
so, the meek Saviour of the world
would have rccoiled with horror from
Mary Magdalene, and spurned the re-
pentant sorrow of Peter who betrayed
him. For my client | avow every
sympathy. Fallen and undone; bro
ken and ruined as he is by the fall,
yet, from the depths Of the fearful
chasm in which he lies, hear the
common call which tho wretched
make for sympathy more clear y than
if it issued from the lolliest pyramid
of wealth and power. If lie who
made the earth and hung the sun and
moon and stars on high to give it light
and created man a joint heir of etcr.
nal wealth, and put within him AN
immortal spark of celestial flame
which surrounds His throne, could
remember mercy in executing justice
when His whole plan of Divine Gov.
ernment was assailed and dnrangcd ;
when His law was set at defiance and
violated; when the purity of Eden had
been deiled by the presence and coun-
sells of the scrpcnt-why, so can |,
and can you, when the wrong and the
crime stand confessed, and every
atonement is made to the majesty of
the law which the prisoner has in his
power to make.


Let us come near to each other and
have proper understanding. | am
laboring with you for an object. |
think know something of the human
heart and of the leading attributes
by which it is governed throughout the
world. By virtue of those attributes
| feel that we may annihilate the dis.
tance that separates our homes,
sweep away all bleeding excitement,
and sit down together and reason up
on this most tragic and melancholy
affair as becomes citizens of the same
Government, proud Of the same line
age, ,actuated by the same interests,
and forever linked to the same desti-
ny. You are not merely cmpancllcd in
your capacity as jurors to pass upon
the life of this crratic youth before
you, but the nation cannot be divorc
ed from a deep and permanent inter-
est in your deliberations. The crime
for which the law claims his life as
forfeit is one connected with ques.
ton of the wcightiest national import
ia question which, without any fault
of yours, has rudely strained and sha-
ken the bonds which embrace and
hold together the States of this Union.
This trial is incident to that question,
and must be met in the face of the
whole nation, and in the view Of the
entire American people, as n matter
OF universal interest and cOncern.-
The very nature of the offence now
under discussion lifts us all to "a point
of observation on which stateSme n
and patriots have long bent their anx'
ious looks. And the pressing, ever
present and determined question Of the
hour which now sits with you in the
jury-box. and will retire with you to
your deliberations on your verdict, is,
How shall you most fully meet the
requirements OF the American people
at large; best conduce to the peace
and reposo of the Union; allay the
rushing winds that are abroad on the
face of the great deep; say peace be
still to the angry elem 'nts OF passion
aud treasunable agitation, and at the
same time do all your duty as honest
and conscientious men administering
the laws of your State! II it shall
be in my power, in some measure, to
point out the course by which these
great objects may be attained, shall
mark this. otherwise sad day on which
| address you, as the brightest to me
in the calendar of time. And, fur.
lher, if these objects are to be obtain
ed on your part by invoking into your
midst, and following the winning
counsels of the meek.eyed and gentle
angel of mercy--if you can faithfully
discharge your oath as jurors, and, at
the same time, best meet the 0bliga-
tions which rest upon you as Ameri-
can ctitizens by tempering the bitter