different construction, when compared with other expressions, as acts of the speaker. So, of a shake of the head, or shrug of the shoulders without the utterance of a single expression. Let the papers then be examined with these cautionary remarks. Charles Eberle proves, that it is the hand writing of Christian Manhhardt, who is said to be a man of warm and ardent temper. From the pen of such a man, we cannot reasonably expect a mere milk and water composition, breathing such language as a mother would use to a child. Alderman Geyer proves, that the words, " mit Leib und Leben" were underscored in the original address, when it was presented to the corporation. They were therefore deemed to be energetic terms to which the attention of the readers was particularly solicited. The bulk of the signers were plain men unused to figures of speech, who would adopt the expressions in their literal and natural sense. Mannhardt was the leader of those who were attached to the performance of divine service in the German language exclusively, and delivered orations against their adversaries. He boasted, that he had stirred up all the people at Camptown by a speech he had addressed to them, that he had it in his power and would do it again. To John Uhler, he says, "not half an inch must be given, or blood must flow." To Charles Eberle he repeats expressions of a similar nature. John Derneck, tells Andrew Busch, "before the English language shall be introduced into the church, blood shall flow," and uses the same words again to Henry Burkhardt, adding, that they would do as had been theretofore practised in the German church in London, have rum and beer in the church and fight like game cocks, or bull dogs. Christian Schmidt also threatened George Krips, that if his companions would not come in peaceably, they would follow the command of our Saviour and smite with the sword. I forbear to repeat the expressions of Valentine Haglee, John Schlag, Schwartz, Kean and others, whose conduct and sayings are admitted to have been highly intemperate and blameable. The German petition was prepared and signed with several names prior to the petition in favor of English preaching. They state therein, that they had firmly bound themselves before God and solemnly to each other to defend with their bodies and lives their German divine worship against every attack, which general word includes a lawful as well as unlawful attack and to oppose, &c. To the jury it belongs to determine, whether they consistently with good conscience can say on their oaths, that force or violence was not intended to be used, if they should see a fit occasion for it, taking into view the facts preceding it, and all the attendant circumstances. It is of no avail, in what manner the original petition was obtained, or that the defendants were ignorant of the extent of the legal offence they had committed. Every man is bound to know the laws of his country. The fact of conspiring need not be proved, but may be inferred from circumstances. Establish the concurrence of the parties to do the act, it is a conspiracy, although no act be done, and even though they were not previously acquainted with each other. When an act is done by one, the law imputes it to all, if done in pursuance of the illegal combination. This I explicitly lay down to be the laws by which the jury should be governed. Neither they, nor I, have any thing to do with the consequences of a correction: the constitution of our country has placed this power in other hands. Between fifteen and twenty of these defendants have courted this prosecution, as has been proved. by the clerk of the mayor. Be it so; they have chosen and spread their own bed, and must abide the consequences. In our several departments we act under the sanction of an oath, and are bound by the most imperious duty to do equal, justice to the commonwealth and the defendants. Let each of us then go straight forward, looking neither to the right nor the left. Let each of us endeavor to inform our judgments and act impartially according to the dictates of a pure conscience. I will only add, if the jurors on mature deliberation shall have any reasonable doubts of the guilt of the defendants, or any of them, it is their duty to acquit them; if they have no such doubts, they are bound to convict. To convict the innocent or acquit the guilty, both equally are abominations to the Lord. To the calm and temperate decision of the jury, I cheerfully commit the cause, VERDICT, GUILTY! APPENDIX. ΤΟ ΤΗΣ HONORABLE CORPORATION OF ST. MICHAEL'S AND ZION'S CONGREGATION, IN AND NEAR PHILADELPHIA. We, the undersigned, members of the German Evangelical Lutheran Congregation, in and near Philadelphia, herewith give an honorable corporation to know, our liveliest displeasure on the inconsiderate undertaking of introducing a strange language in our churches. At a time when our beloved congregation tasted the deepest rest, when the worthy German Gospel was preached among us with peculiar energy and power, when not only an increase of the number of our congregational members, but a powerful spiritual awakening, particularly among our youth, appeared to manifest itself-exactly at that time it is ventured on, to sow the seeds of discord, of disturbance and destruction. We declare ourselves briefly by this opportunity, and only aver, to an honorable corporation, (that we are determined, as we have also firmly bound ourselves before God, and solemnly to each other) to defend with our bodies and lives, our German divine worship against every attack, and to oppose with all our power, the introduction of a strange language in our churches. To this end we herewith apply to an honorable corporation, and to you fathers and brothers particularly, who in this respect cherish similar feelings with ourselves, who with us prefer divine service in German to the English, and pray you, assiduously, in virtue of your oaths before God and our whole congregation, to guard our exclusive privileges, and the welfare of our whole union, so that the tempter may not succeed in destroying our beautiful German establishment. We pray you, dear fathers and brothers, to direct a steady eye to the charter of our church, according to which, in important occurrences, at least twothirds of the corporation and the congregation are required, before any innovation can be brought about. We pray you, dear fathers and brothers, agreeably to a resolution of the corporation, not again to let it be brought to an election, whether the English divine service shall be introduced in our German churches or not. We pray you, dear farthers and brothers, for the suppression of a pernicious example, by repealing a resolution, which permits the members of the corporation to speak in a strange language, when the honorable church council is assembled on business of the congregation: such an example hath in our view, the most baneful consequences. We further pray you, to make such arrangements that the opponents to the German language, and German divine worship, may never be permitted to meet in our school houses, for the attainment of their base views, because, we ourselves, would thereby give them the means in hand for our destruction. We pray you, dear fathers and brothers, for the sake of the ashes of our ancestors, who gave their wealth, yea, their blood, to build us German churches, thereby, to enable us to enjoy the blessings of the German Gospel; we pray you, for the sake of the peace of our congregation; for the sake of the inno gent hearts, who under present circumstances suffer the deepest sorrow. We pray you for the sake of the German Lutheran order; yea, we pray you for the sake of Jesus Christ our Saviour, to comply with our prayers. And, finally be assured that we will with all our powers-yea, with body and life, support you, dear fathers and brothers, in all such measures, that may tend to the welfare, the advancement, and to the perfecting of our German divine service. Experience teaches us, that if we give up the breadth of a finger of our property, of our exclusive rights and privileges, that we are then near our destruction, in that event, we shall become the object of laughter of every civilized nation. **** SEAL. We are with esteem and devotion, an honorable church councils, The above is a true translation from the original hereto an- (Signed) |