There is one object before us, far surpassing in importance any to which I have yet alluded; it is one, fellow-citizens of the jury, in which each individual of your number is as deeply concerned as ourselves, in which the highest earthly interests of every human being in this community are included; it is the one great object for which these walls were raised, this hall opened, which has placed those honourable men as judges on the seat of justice, which has called you together, from the less important pursuit of your daily avocations, to give an impartial opinion in every case brought before you; it is the high object of maintaining justice in the community to which we all equally belong. I am willing to believe, fellow-citizens of the jury, that you are fully aware of the importance of your own office, of the dignity of this court, of the necessity of its existence, of its activity to protect the honest and inoffensive citizen, against the designing, the unprincipled, and the violent. Such protection we know to be absolutely binding upon every community claiming to be civilized; we know that without it no state of society, at all worthy of the dignity of human nature, at all worthy of the dignity of freemen, can exist; without active justice, indeed, the name of Freedom becomes a mere sound of mockery. I have been taught to hold the opinion, gentlemen, that if there is one obligation more imperative than any other, imposed upon an American by the privileges of his birth-right, it is this very duty of maintaining justice in her full integrity; of raising his voice in her behalf when she is threatened, of raising his arm in her defence when she is assailed. To move at the first clear appeal of justice, is surely one of the chief duties of every American citizen, of every man blessed with ******* of speech and ******* of action; and, surely, if this be a general rule, it would become a double act of moral cowardice, to desert the post, when those individual rights, confided especially to my own protection, including interests so important to myself, are audaciously assailed. If there are circumstances which partially remove the weight of this obligation, of this public struggle for justice, from portions of the community, from the aged, who have already firmly upheld every honourable principle through a long course of years, and from those who are confined by their natural position to the narrow but holy circle of domestic duties; if such be honourable exemptions from bearing the brunt of the battle, it is only to open the front rank to every active citizen, laying claim to manliness and honesty. Such I conceive to be the obligation imposed upon myself, by the demand of the plaintiff. Upon examination, I can find no sufficient evidence to support this claim; it becomes therefore, in my belief, by its very nature, an atrocious outrage alike to the living and the dead--an insulting violation of natural justice and the law of the land, sufficient to rouse every justifiable effort in resistance.
"Whenever attention may be called to a question, of a character audaciously unprincipled, even when quite independent of personal advantage and personal feeling, I should still hope that duty as a man, duty as a freeman, would have sufficient influence over my actions, to urge me forward in opposition to its unrighteous demands, just so far as common sense and true principle shall point the way. Such I conceive to be the character of the present question; were there no pecuniary interest, no individual feeling at stake, I should still conceive it a duty to hold on the present occasion the position in which I now stand.
"The grounds upon which this opinion as to the character of the case has been formed, the grounds upon which we base our defence, must now be laid before you."
After this opening, Harry proceeded with an outline of the testimony for the defence. His statement was very clear and accurate throughout; but as it contained nothing but what is already known to the reader, we shall omit this part of his remarks.
