Speeches: Delivered at the City-Hall of the City of New York, in the Courts of Oyer & Terminer, Common Pleas, and General Sessions of the Peace

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Gould, Banks and Gould, 1812 - Law - 80 pages
 

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Page 44 - Of him that hopes to be forgiven, it is indispensably required that he forgive. It is therefore superfluous to urge any other motive. On this great duty eternity is suspended ; and to him that refuses to practise it the throne of mercy is inaccessible, and the SAVIOUR of the world has been born in vain.
Page 21 - And indeed, even in cases of felony at the common law, they are the weakest and most suspicious of all testimony : ever liable to be obtained by artifice, false hopes, promises of favor, or menaces ; seldom remembered accurately, or reported with due precision ; and incapable in their nature of being disproved by other negative evidence.
Page 40 - ... to decline any further struggle, and afterwards, being closely pressed by his antagonist, kills him to avoid his own destruction, this is homicide, excusable by self-defence.
Page 79 - ... neglect, is giving way to a spirit of bold and fearless investigation. Man seems to be becoming more erect and independent. He leans more on himself, less on his fellow-creatures. He begins to feel a consciousness in a higher degree of personal dignity, and is less enamoured of artificial distinctions. There is some hope of our beholding that simplicity and energy of character which marks his natural state, blended with the humanity, the elegance, and improvement of polished society.
Page 40 - that all manner of force without right upon a man's person, puts him in a state of war with the aggressor ; and, of consequence, that being in such a state of war, he may lawfully kill him that puts him under this unnatural restraint...
Page 49 - Rome, that whenever there was a question between liberty and slavery, the presumption should be on the side of liberty. This excellent principle our law has adopted in the construction of penal statutes : for whenever any ambiguity arises in a statute introducing a new penalty or punishment, the decision shall be...
Page 77 - ... far from being spent. Europe never presented such a spectacle before, and it is worthy of being contemplated, with the profoundest attention, by all its inhabitants. The empire of darkness and of despotism has been smitten with a stroke which has sounded through the universe. When we see whole kingdoms, after reposing for centuries...
Page 39 - But the self-defence which we are now speaking of, is that whereby a man may protect himself from an assault, or the like, in the course of a sudden brawl or quarrel, by killing him who assaults him.
Page 78 - ... rearing. Institutions which have been long held in veneration as the most sublime refinements of human wisdom and policy, which age hath cemented and confirmed, which power hath supported, which eloquence hath conspired to embellish and opulence to enrich, are falling fast into decay. New prospects are opening on every side, of such amazing variety and extent as to stretch farther than the eye of the most enlightened observer can reach.
Page 75 - Rape is the carnal knowledge of any woman above the age of ten years, against her will, and of a woman child under the age of ten years, with or against her will.

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