Public Speaking: Principles and Practice

by Irvah Lester Winter

IN DEFENSE OF THE SOLDIERS

Published in "Depew's Library of Oratory," E. J. Bowen and Company,
New York, publishers

BY JOSIAH QUINCY, JR.

May it please your honors, and you gentlemen of the jury,—We have at length gone through the evidence in behalf of the prisoners. The witnesses have now placed before you that state of facts from which results our defense.

I stated to you, gentlemen, your duty in opening this cause—do not forget the discharge of it. You are paying a debt you owe the community for your own protection and safety: by the same mode of trial are your own rights to receive a determination; and in your turn a time may come when you will expect and claim a similar return from some other jury of your fellow subjects.

How much need was there for my desire that you should suspend your judgment till the witnesses were all examined? How different is the complexion of the cause? Will not all this serve to show every honest man the little truth to be attained in partial hearings? In the present case, how great was the prepossession against us? And I appeal to you, gentlemen, what cause there now is to alter our sentiments? Will any sober, prudent man countenance the proceedings of the people in King Street,—can any one justify their conduct,—is there any one man or any body of men who are interested to espouse and support their conduct?

Surely, no! But our inquiry must be confined to the legality of their conduct, and here can be no difficulty. It was certainly illegal, unless many witnesses are directly perjured: witnesses, who have no apparent interest to falsify,—witnesses who have given their testimony with candor and accuracy,—witnesses whose credibility stands untouched,—whose credibility the counsel for the king do not pretend to impeach or hint a suggestion to their disadvantage.

I say, gentlemen, by the standard of the law are we to judge the actions of the people who were the assailants and those who were the assailed and then on duty. And here, gentlemen, the rule we formerly laid down takes place. To the facts, gentlemen, apply yourselves. Consider them as testified; weigh the credibility of the witnesses— balance their testimony—compare the several parts of it—see the amount of it; and then, according to your oath, "make true deliverance according to your evidence." That is, gentlemen, having settled the facts, bring them truly to the standard of the law; the king's judges, who are acquainted with it, who are presumed best to know it, will then inspect this great standard of right and wrong, truth and justice; and they are to determine the degree of guilt to which the fact rises.

II

May it please your honors, and you gentlemen of the jury,—After having thus gone through the evidence and considered it as applicatory to all and every one of the prisoners, let us take once more a brief and cursory survey of matters supported by the evidence. And here let me ask in sober reason, what language more opprobrious, what actions more exasperating, than those used on this occasion? Words, I am sensible, are no justification of blows, but they serve as the grand clew to discover the temper and the designs of the agents; they serve also to give us light in discerning the apprehensions and thoughts of those who are the objects of abuse.

"You lobsters!"—"You bloody-back!"—"You coward!"—"You dastard!" are but some of the expressions proved. What words more galling? What more cutting and provoking to a soldier? But accouple these words with the succeeding actions,—"You dastard!"—"You coward!" A soldier and a coward!

This was touching "the point of honor and the pride of virtue." But while these are as yet fomenting the passions and swelling the bosom, the attack is made; and probably the latter words were reiterated at the onset; at least, were yet sounding in the ear. Gentlemen of the jury, for Heaven's sake, let us put ourselves in the same situation! Would you not spurn at that spiritless institution of society which tells you to be a subject at the expense of your manhood?

But does the soldier step out of his ranks to seek his revenge? Not a witness pretends it. Did not the people repeatedly come within the points of their bayonets and strike on the muzzles of the guns? You have heard the witnesses.

Does the law allow one member of the community to behave in this manner towards his fellow citizen, and then bid the injured party be calm and moderate? The expressions from one party were—"Stand off, stand off!"—"I am upon my station."—"If they molest me upon my post, I will fire."—"Keep off!"

These words were likely to produce reflection and procure peace. But had the words on the other hand a similar tendency? Consider the temper prevalent among all parties at this time. Consider the situation of the soldiery; and come to the heat and pressure of the action. The materials are laid, the spark is raised, the fire enkindles, all prudence and true wisdom are utterly consumed. Does common sense, does the law expect impossibilities?

Here, to expect equanimity of temper, would be as irrational as to expect discretion in a madman. But was anything done on the part of the assailants similar to the conduct, warnings, and declarations of the prisoners? Answer for yourselves, gentlemen! The words reiterated all around stabbed to the heart; the actions of the assailants tended to a worse end,—to awaken every passion of which the human breast is susceptible; fear, anger, pride, resentment, revenge, alternately take possession of the whole man.

To expect, under these circumstances, that such words would assuage the tempest, that such actions would allay the flames,—you might as rationally expect the inundations of a torrent would suppress a deluge, or rather that the flames of Aetna would extinguish a conflagration!

III

Gentlemen of the Jury,—This case has taken up much of your time, and is likely to take up so much more that I must hasten to a close. Indeed, I should not have troubled you, by being thus lengthy, but from a sense of duty to the prisoners; they who in some sense may be said to have put their lives in my hands; they whose situation was so peculiar that we have necessarily taken up more time than ordinary cases require. They, under all these circumstances, placed a confidence it was my duty not to disappoint, and which I have aimed at discharging with fidelity. I trust you, gentlemen, will do the like; that you will examine and judge with a becoming temper of mind; remembering that they who are under oath to declare the whole truth think and act very differently from bystanders, who, being under no ties of this kind, take a latitude which is by no means admissible in a court of law.

I cannot close this cause better than by desiring you to consider well the genius and spirit of the law which will be laid down, and to govern yourselves by this great standard of truth. To some purposes, you may be said, gentlemen, to be ministers of justice; and "ministers," says a learned judge, "appointed for the ends of public justice, should have written on their hearts the solemn engagements of his Majesty, at his coronation, to cause law and justice in mercy to be executed in all his judgments."

"The quality of mercy is not strained;
It droppeth as the gentle rain from heaven:…
It is twice blessed;
It blesseth him that gives, and him that takes."

I leave you, gentlemen, hoping you will be directed in your inquiry and judgment to a right discharge of your duty. We shall all of us, gentlemen, have an hour of cool reflection when the feelings and agitations of the day shall have subsided; when we shall view things through a different and a much juster medium. It is then we all wish an absolving conscience. May you, gentlemen, now act such a part as will hereafter insure it; such a part as may occasion the prisoners to rejoice. May the blessing of those who were in jeopardy of life come upon you—may the blessing of Him who is "not faulty to die" descend and rest upon you and your posterity.