THE BOSTON MASSACRE

(First Day's Speech in Defense of the British Soldiers Accused of

Murdering Attucks, Gray and Others, in the Boston Riot of 1770)

_May_ _If_ _Please_ _Your_ _Honor_,_ and_ _You_,_ Gentlemen_ _of_

_the_ _Jury_:--

I am for the prisoners at the bar, and shall apologize for it only in

the words of the Marquis Beccaria:--

"If I can but be the instrument of preserving one life, his

blessings and tears of transport shall be a sufficient consolation

for me for the contempt of all mankind."

As the prisoners stand before you for their lives, it may be proper

to recollect with what temper the law requires we should proceed to

this trial. The form of proceeding at their arraignment has

discovered that the spirit of the law upon such occasions is

conformable to humanity, to common sense and feeling; that it is all

benignity and candor. And the trial commences with the prayer of the

court, expressed by the clerk, to the Supreme Judge of judges,

empires, and worlds, "God send you a good deliverance."

We find in the rules laid down by the greatest English judges, who

have been the brightest of mankind: We are to look upon it as more

beneficial that many guilty persons should escape unpunished than

one innocent should suffer. The reason is, because it is of more

importance to the community that innocence should be protected than

it is that guilt should be punished; for guilt and crimes are so

frequent in the world that all of them cannot be punished; and many

times they happen in such a manner that it is not of much

consequence to the public whether they are punished or not. But when

innocence itself is brought to the bar and condemned, especially to

die, the subject will exclaim, "It is immaterial to me whether I

behave well or ill, for virtue itself is no security." And if such a

sentiment as this should take place in the mind of the subject,

there would be an end to all security whatsoever, I will read the

words of the law itself.

The rules I shall produce to you from Lord Chief-Justice Hale, whose

character as a lawyer, a man of learning and philosophy, and a

Christian, will be disputed by nobody living; one of the greatest

and best characters the English nation ever produced. His words are

these:--

(2 H. H. P. C.): _Tutius_ _semper_ _est_ _errare_, _in_

_acquietando_ _quam_ _in_ _puniendo_, _ex_ _parte_ _misericordiae_

_quam_ _ex_ _parte_ _justitiae_.--"It is always safer to err in

acquitting than punishing, on the part of mercy than the part of

justice."

The World's Best Orations, Vol. 1 (of 10) · 第 19 / 97 题