ments of the opposite counsel; he then concluded his speech as follows.] Let me add a few words with respect to the necessity of force, to what has been already said on that subject. According to what has been often observed in the course of this trial, the crime consists of the beginning, the progress, and consummation, in the course of which some force must be exhibited. A man might begin a crime and stop short, and be far from committing the act. He might go on one step still further, without incurring guilt. It is only the completion of the crime that the law punishes. Suppose an army were embodied by Mr. Burr, and they only assembled and separated without having committed any act; what would the government have to complain of? When they punish a man for murdering another, it is because he is dead. When a man man it may select for its victim? (I do not [Mr. Randolph here replied to several argu punished for a robbery, it is because a person has been put in fear and his property taken from him without his consent. So it is with respect to every other crime; while it is in an incipient state it is disregarded. No person is punishable who is only charged with such an inchoate incomplete offence. The intention is never punished. In such cases time is allowed for repentance, at any time before its consummation. Such an offence as this is never punishable, unless in the case of a conspiracy; and even on a prosecution charging that offence specially, the act of conspiring must be satisfactorily established. Here no injury has arisen to the commonwealth. No crime has been perpetrated. The answer to this is, that there were preparations to commit it. As far as communications have been made to the government, there is no possibility of proving a complete act, yet those accused must be punished. Then their rule of law is, that wherever there is a beginning of a crime, it shall be punished lest it should grow to maturity! Is this the spirit of American legislation and American justice? Is it the spirit of its free constitution to consider the germ as the consummation of an offence? the intention, so difficult to be ascertained and so easy to be misrepresented and misunderstood, as the act itself? In such a system it may be a source of lamentation that no more than death can be inflicted on the completion of the crime. Death, death, is to be the universal punishment, the watchword of humane legislation and jurisprudence! When we mentioned the idea of force, I was not a little amazed at the manner in which they attempted to repel the argument. It was said that they were prepared to show potential force; that fear was used; that an assemblage was drawn together to act on the fears of the people. This fear begins at New Orleans, mounts the Mississippi against the stream, and fixes itself at Blannerhassett's island. Henry IV. fell a sacrifice to the predictions of the Jesuits. They determined to destroy him, and predicted that he would fall; and he did fall. may safely admit that fear really existed at New Orleans, because the man who was interested to excite it had it in his power most effectually to do so. A great conspiracy with vast numbers and means is feigned. A particular day is announced as the time of attack. The militia are brought together. They "surround the city, spread the alarm in the coffeehouses and other public places; guard the river, for they are coming in the next flood of the Mississippi." Thus terror and apprehension were excited by every stratagem imaginable. Are we to be sacrificed by base and insidious arts like these? by the artifices of a man interested in our destruction to effect his own preservation? I have done, sir. I find myself hurt that I could not give a greater scope to my feelings on this all-important subject. I will only add one remark, which I hope will be excused and considered as applying to all who occupy the sacred seat of justice. Judges have passed through the temple of virtue and arrived at that of honor; but we find that it is a just decree from the free will of the people, that the floor of that temple is slippery. Some may suppose that because the wheel of fortune is not seen immediately to move, it is at rest. The rapidity deceives the sight. He who means to stand firm in that temple must place his hand on the statue of wisdom, the pedestal of which is a lion. These are the only qualities by which they can be useful in their honorable station. Popular effusion and the violence and clamor of party they will disregard. It is the more necessary, as judges may hereafter mingle in politics; and they are but men, and the people are divided into parties. In the conflicts of political animosity, justice is sometimes forgotten or sacrificed to mistaken zeal and prejudice. We look up to the judiciary to guard us. One thing I am certain of, that you will not look at consequences; that you will determine "fiat justitia," let the result be what it may. |