DEFENSE OF MRS. MARY E. SURRATT

For the lawyer as well as the soldier, there is an equally pleasant

duty--an equally imperative command. That duty is to shelter the

innocent from injustice and wrong, to protect the weak from

oppression, and to rally at all times and all occasions, when

necessity demands it, to the special defense of those whom nature,

custom, or circumstance may have placed in dependence upon our

strength, honor, and cherishing regard. That command emanates and

reaches each class from the same authoritative and omnipotent

source. It comes from a superior whose right to command none dare

question, and none dare disobey. In this command there is nothing of

that _lex_ _talionis_ which nearly two thousand years ago nailed to the

cross its Divine Author.

"Therefore all things whatsoever ye would that men should do to you,

do ye even so unto them; for this is the law and the prophets."

God has not only given us life, but he has filled the world with

everything to make life desirable; and when we sit down to determine

the taking away of that which we did not give, and which, when

taken away, we cannot restore, we consider a subject the most solemn

and momentous within the range of human thought and human action.

Profoundly impressed with the innocence of our client, we enter upon

the last duty in her case with the heartfelt prayer that her

honorable judges may enjoy the satisfaction of not having a single

doubt left on their minds in granting her an acquittal, either as to

the testimony affecting her, or by the surrounding circumstances of

the case.

The first point that naturally arises in the presentation of the

defense of our client is that which concerns the plea that has been

made to the jurisdiction of the commission to try her--a plea

which by no means implies anything against the intelligence,

fairness, or integrity of the brilliant and distinguished officers

who compose the court, but merely touches the question of the right

of this tribunal, under the authority by which it is convoked. This

branch of her case is left to depend upon the argument already

submitted by her senior counsel, the _grande_ _decus_ _columenque_

of his profession, and which is exhaustive of the subject on which

it treats. Therefore, in proceeding to the discussion of the merits

of the case against her, the jurisdiction of the court, for the sake

of argument, may be taken as conceded.

But, if it be granted that the jurisdiction is complete, the next

preliminary inquiry naturally is as to the principles of evidence by

which the great mass of accumulated facts is to be analyzed and

weighed in the scales of justice and made to bias the minds of her

judges; and it may be here laid down as a _concessum_ in the case,

that we are here in this forum, constrained and concluded by the

same process, in this regard, that would bind and control us in any

other court of civil origin having jurisdiction over a crime such as

is here charged. For it is asserted in all the books that

court-martial must proceed, so far as the acceptance and the

analysis of evidence is concerned, upon precisely those reasonable

rules of evidence which time and experience, _ab_ _antiquo_, surviving

many ages of judicial wisdom, have unalterably fixed as unerring

guides in the administration of the criminal law. Upon this conceded

proposition it is necessary to consume time by the multiplication of

references. We are content with two brief citations from works of

acknowledged authority.

The World's Best Orations, Vol. 1 (of 10) · 第 39 / 97 题