493 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:

WILLIAM WEMMS AND SEVEN OTHERS. 461

The cry was not, "Here is the soldier who has injured us—here is the fellow who wounded the man in Cornhill." No, the reasoning, or rather ferment, seems to be, "The soldiers have committed an outrage, and we have an equal right to inflict punishment, or rather revenge, which they had to make an assault." They said right, but never considered that those soldiers had no right at all. These are sentiments natural enough to persons in this state of mind—we can easily suppose even good men thinking and acting thus. Very similar to this is the force of Dr. Hiron's testimony, and some others. But our inquiry is, what says the law? We must calmly inquire whether this, or anything like it, is countenanced by the law. What is natural to the man, what are his feelings, are one thing; what is the duty of the citizen, is quite another. Reason must resume her seat, and then we shall hear and obey the voice of the law.

The law indulges no man in being his own avenger. Early in the history of jurisprudence, we find the sword taken from the party injured and put into the hands of the magistrate. Were this not the case, punishment would know no bounds in extent or duration. Besides, it saps the very root of distributive justice when any individual invades the prerogative of law and snatches from the civil magistrate the balance and the rod. How much more are the pillars of security shaken when a mixed body, assembled as those in King Street, assume the province of justice and invade the rights of the citizen? For it must not be forgotten that the soldier is a citizen, equally entitled with us all to protection and security. Hence, all are alike obliged to pay obedience to the law; for the price of this protection is the duty of obedience.

Let it not be apprehended that I am advancing a doctrine that a soldier may attack an inhabitant, and he not be allowed to defend himself. No, gentlemen! If a soldier rushes violently through the street and presents a weapon of death in a striking posture, no doubt the person assailed may defend himself, even to taking the life of the assailant. Revenge and a sense of self-preservation instantly take possession.