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Abraham Lincoln - American Memory

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14<br />

•heir serene brows to the dust of the grave, and lifting their hands<br />

for the last time amidst the consuming fires of battle ! I assume, for<br />

the purposes of this argument, that self-defence is as clearly the right<br />

of nations as it is the acknowledged right of men, and that the Amer-<br />

ican people may do in the defence and maintenance of their own<br />

rightful authority against organized armed rebels, their aiders and<br />

abettors, whatever free and independent nations anywhere upon this<br />

globe, in time of war, may of right do.<br />

All this is substantially denied by the gentleman in the remarkable<br />

argument which he has here made. There is nothing further from.<br />

my purpose than to do injustice to the learned gentleman or to his<br />

elaborate and ingenious argument. To justify what I have already<br />

said. 1 may be permitted here to remind the court that nothing is<br />

said by the counsel touching the conduct of the accused, Mary E.<br />

Surratt, as shown by the testimony ; that he makes confession at the<br />

end of his arraignment of the government and country, that he has<br />

not made such argument, and that he leaves it to be made by her<br />

other counsel. He does take care, however, to arraign the country<br />

and the government for conducting a trial with closed doors and<br />

before ,i secret tribunal, and compares the proceedings of this court<br />

to the Spanish Inquisition, using the strongest words at his command<br />

to intensify the horror which he supposes his announcement will<br />

excite throughout the civilized world.<br />

Was this dealing fairly by this government? Was there anything<br />

in the conduct of the proceedings here that justified any such remark ?<br />

Has this been a secret trial ? Has it not been conducted in open day<br />

in the presence of the accused, and in the presence of seven gentle-<br />

men learned in the law, who appeared from day to day as their<br />

counsel ? Were they not informed of the accusation against them ?<br />

Were they deprived of the right of challenge? Was it not secured<br />

to them by law, and were they not asked to exercise it? Has any<br />

part of the evidence been suppressed? Have not all the proceed-<br />

ings been published to the world ? What, then, was done, or intended<br />

to be done, by the government, which justifies this clamor about a<br />

Spanish Inquisition ?<br />

That a people assailed by organized treason over an extent of ter-<br />

ritory half as large as the continent of Europe, and assailed in their<br />

v.i v capital by secret assassins banded together and hired to do the<br />

work of murder by the instigation of these conspirators, may not<br />

be permitted to make inquiry, even with closed doors, touching the<br />

nature and extent of the organization, ought not to be asserted by

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