And may that Being who is supreme over all, the patron of order, the fountain of justice, and the protector, in all ages of the world, of virtuous liberty, continue his blessing upon this nation and its government, and give it all possible success and duration, consistent with the ends of his providence!

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.”