rtunity was to be
afforded him for preparation or repentance. It was a long time before
I could disassociate, in my mind, the two ideas of act and intent. My
studies had long ago made me perfectly familiar with the doctrine of the
civil law, that in order to constitute guilt, there must be a union
of action and intention. Taking the property of another is not theft,
unless, as the lawyers term it, there is the animus furandi. So, in
homicide, life may be lawfully taken in some instances, whilst the deed
may be excused in others. The sheriff hangs the felon and deprives him
of existence; yet nobody thinks of accusing the officer of murder. The
soldier slays his enemy, still the act is considered heroical. It does
not therefore follow that human life is too sacred to be taken away
under all circumstances. The point to be considered was thus narrowed
down into one grand inquiry, whether Summerfield was properly to be
regarded as hostis humani generis, the enemy of the human race, or not.
If he should justly be so considered, then it would not only be not a
crime to kill him, but an act worthy of the highest commendation. Who
blamed McKenzie for hanging Spencer to the yard-arm? Yet in his case,
the lives of only a small ship's crew were in jeopardy. Who condemned
Pompey for exterminating the pirates from the Adriatic? Yet, in
his case, only a small portion of the Roman Republic was liable to
devastation. Who accuses Charlotte Corday of assassination for stabbing
Marat in his bath? Still, her arm only saved the lives of a few
thousands of revolutionary Frenchmen. And to come down to our own times,
who heaps accusation upon the heads of Lincoln, Thomas or Sheridan, or
even Grant, though in marching to victory over a crushed rebellion, they
deemed it necessary to wade through seas of human gore? If society has
the right to defend itself from the assaults of criminals, who, at best,
can only destroy a few of its members, why should I hesitate when it was
apparent that the destiny of the globe itself hung in the balance? If
Summerfield should live and carry out his threats, the whole world would
feel the shock; his death was the only path to perfect safety.

I asked the privilege of meditation for one hour, at the hands of the
committee, before I would render a decision either way. During that
recess the above argumentation occupied my thoughts. The time expired,
and I again presented myself before them. I did not deem it requisi