JVilliam Augustus Beach. salvation; yet I make no prayer for mercy, although our own needs should lead us all to render deeds of mercy. I ask but a fair and unprejudiced judgment for this respondent. I ask from this court, as I have a right to ask, that its preconceptions and prejudices shall be surrendered. I ask that the members of this court shall disdain the dictation of those who assume to control it. I ask that the bitter and malevolent misrepresentations and perver sions which are daily heralded throughout the land shall be dismissed; that in the high exer cise of its prerogatives, from which no appeal lies, however cruel and dishonoring may be its judgment, every member of the court shall be governed by those exalted sentiments and by that spirit of fairness which becomes an American judge. And you will heed my claim, Mr. President; I but echo the demand of the Constitution and the law. I speak only those sentiments deeply rooted in our in stitutions and love. Incumbered and pressed as you may be, there is yet within us all a conscience, holding us to the discharge of duty. In the responsible position which you occupy under your oath of office, you dare not disregard its monitions. Heedless of per sonal consequences, disdaining the threats over hanging your judgment, you will rise above such considerations to the exalted standard of your calling. Mr. President, representing a gentleman in the situation of this respondent, standing, I think, in the greatest peril which can assail an American citizen, I have a right respectfully but earnestly to ask for this high exercise of independence and impartiality on the part of each member of the court. I have seen men struggling for life before court and jury, encompassed by the awful circumstances of guilt, — with an ignominious death upon the scaffold before them, — and yet I have never seen an intelligent human being standing in a more appalling situation than that now occupied by this respondent. It would be better for him that he should dangle from the scaffold than bear the humiliating and crushing weight of your condemnation. Better die than meet the reproachful silence of the wife who loves and the children who revere him. You are asked to degrade him, — to stigmatize him as unfit to wear the honors of office. This
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judgment is claimed against one who less than four years ago, by the verdict of his constit uents, unexampled in the history of our elective franchise, was elevated to the conspicuous position he occupies. You are asked to disregard this high certificate granted by the sovereignty of the State. Mr. President, con templating the character of this court and the consequences of its judgment, how mean and pitiful appear the schemes and strifes of po litical factions! How detestable the thought that its passions and ambitions should corrupt the pure fountains of justice! " 1 "I am frank to say I do not approve all the acts of this respondent. I think, sir, badmannered as I am, I might be able to im prove him in dignity of demeanor and suavity of address. He has been educated, as have been many of our sons, in a rude school. He is a man of action, bold in his convictions, fearless in their expression. He is not the kind of metal of which tools and instruments are made. He might become a daring leader of bold adventurers, were he not well grounded upon principle. But never, sir, could he be made the petty and insignificant puppet of meaner men. If he descends to crime, it will be with a bravery which sometimes adds dignity to its commission. Once more, your honors, I en treat your serious attention to this notable ex ample of his independence and fairness, of his readiness to repair an error and to restore a party to his just rights, whenever, by his action, they have been impaired. It expresses a spirit irreconcilable with the character pictured in these articles." 8 "If your honors please, sheltered by the doc trines I claim, with utmost respect for the court, I demand in this case clear and convincing proof of guilt. I protest against the indulgence of any uncharitable and inimical presumption or inferences. I demand an impartial and con siderate criticism of the conduct of this re spondent. I pray your honors to regard the conspicuous and shining examples illustrating the benignity of the law. I beseech your honors not to move in judgment with the persecuting and inhuman spirit of accusers, but with the 1 Official Report, p. 1821.
- Ibid., p. 1S57.
