Year: 1866

~--~


it be denied to men who are accused of such


offenses as those for which Sydney and Rus
/ sell were beheaded, and Lisle was hung, and


Elizabeth Gaunt was burnt alive, and John


Bunyan was imprisoned fourteen years, and


Baxter was whipped at the carts tail, and


Pryrin had his ears cut off? No; the words


of the Constitution are all-embracing


''As broad and general as the casing air.


The trial of ALL crimes shall be by jury.


ALL persons accused shall enjoy that privi-


lege-and NO person shall be held to an


swer in any other way.


That would be sufficient without more.


But there is another consideration which


gives it tenfold power. 1t is a universal rule


of construction, that general words in any


instrument, though they may be weakened


by enumeration, are always strengthened by


exceptions. Here is no attempt to enume-


rate the particular cases in which men charg-


ed with criminal offenses shall be entitled to


jury trial 1t is simply declared that all


shall have it. But that is coupled with a


statement of two specific exceptions cases


of impeachment; and cases arising in the


land or naval forces. These exceptions
strengthen the application of the general
rule, to all other cases. Where the law-giv-
er himself has declared when and in what
circumstances you may depart from the gen
eral rule, you shall not presume toleave that
onward path for otherreasons, and make dif
ferent exceptions To exceptions, the max
i'm is always applicable, that erpressio u,1t,Is
ercgtSi,o est Glterius


But we are answered that the judgment
under consideration, was pronounced in time
of war, and it is therefore, at least, morally
excusable. There may or there may not be
something in that admit that the merits
or dement's of any particular act, whether it
involves violation of the Constitution or
not, depend upon the motives that prompted
it, the time, the occasion, and all the attend
ing circumstances. When the people of
this country come to decide upon the acts of
their rulers, they viii take all these things
into consideration But that presents the
political aspect of the case with which, l
trust, we have nothing to do here. l decline
to discuss it. would only say, in order to
prevent misapprehension, that think it is
precisely in a time of war and civil commo-
ton, that we should double the guards upon
the Constitution. IF the sanitary regula-
tions which defend the health of a city are
ever to be relaxed, it ought certainly not to
be done when pestilence is abroad. When

the Mississippi shrinks within its natural
channel, and creeps lazily along the bottom,
the inhabitants of the adjoining shore have
no need of dyke to save them from inun-
lation. But when the booming food comes
lown from above and swells into volume
which rises high above the plain on either
'ide, then a erevasse in the levee, becomes a
most serious thing. SO in peaceable and
quiet times, ourlegalrights are inlittIe danger
,fbeing overborne; but when the wave of ar
oitrary- power lashes itself into violence and
age, and goes surging up against the bar
-iers which were made to confne it, then
We need the whole strength Of an unbroken
Constitution to save US from destruction
But this is question which properly belongs
o the Jurisdiction of the stump and the



There is another quasi political argument
necessity IF the law was violated because
t could not be obeyed, that might be an ex-
use. But no absolute compulsion is pre-
ended here These commissioners acted, |
It most, under what theyregarded as moral |
necessity. The choice was left them to obey |
he law or disobey it. The disobedience |
vas only necessary as means to an end which |
hey thought desirable; and now they assert |
hat though these means are unlawful and /
vrong, they are made right, because with
'ut them the object could not be accom-
,lished; in other words, the end justifes the /
means There you have rule of conduct I
denounced by all law, human and divine, as
'eing perniciousin policy and falsei in morals.
Zee how it applies to this case. Here were
hree men whom it was desirable to remove
ut of this world, but there was no proof on
Thich any court would take their lives
therefore, it was necessary, and being neces-
ary it was right and proper, to create an IL
sgal tribunalwhich would put them to death
-ithout proof BY the same mode of rea-
Dning you can prove it equally right to poi
On them in their food, or stab them in their
eep.


Nothing that the worst men ever pro-
ounded has produced so much oppression,
lisgovernment, and suffering as this pre-
nee of State necessity. A great authority
Ills it the tyrant's devilish plea y and the
,mmon honesty of all mankind has branded


with everlasting infamy,


OF course, it is mere absurdity to say that
lese REALTORS were necessarily deprived of
leir right to fir and legal trial, for the
cord shows that court of competent juris-
Ictlon was sitting at the very time and In the
H. II 1