ies in Boston! And, above
all, we trust that the Commissioner will be able to say to the world, to
the President, and to Congress, that this effort was the unpremeditated,
irresistible impulse of a small body of men, acting under the sense and
sight of oppression and impending horrid calamities, against the advice
of some of their own number; and that no gentleman of education, no
counsellor of this court sworn to obey the law, has instigated these
poor men to its overthrow. Massachusetts is not in a state of civil war,
and her most valued citizens are not engaged in overturning the
foundations of civil government.

Why should the criminal proceedings of this day have taken place at all?
What is the evidence? The learned District Attorney thought proper to
suggest to the Court that there was further evidence which might be
presented in another stage of this proceeding. That, I am sure, fell
with as little weight upon the mind of the Commissioner as it would if
we, on the other hand, had said, as is the fact, that we have a large
amount of evidence that might yet be presented in behalf of Mr. Davis.
This is not a game of brag! It is not upon evidence that is not here,
but upon evidence that is here, that this case is to be decided. Here
has been mortified pride, here has been fear, here has been the dread
spectre of Executive power, stalking across the scene, appalling the
hearts, and disabling the judgments of men. Excited men suspect
everybody. Every person who ever attended a public meeting is suspected.
A political party is to be put under the ban. There is nothing so rash
as fear. There is nothing so indiscriminating as fear. There is nothing
so cruel as fear, unless it be mortified pride--and here they both
concurred.

Instructions come from a distant Executive power that knows nothing of
the facts. And the fear of that power and patronage is the reason, may
it please the Commissioner, why suddenly, on Saturday or Sunday, before
the subject can be examined and the truth ascertained, a warrant is got
out against a person of the character and position of Mr. Davis. But
when we look at things in their natural light, when there is a calm
investigation of the facts, I think the Government will see and regret
its rashness and delusion.

I understand, may it please the Commissioner, that there is to be a
great deal done on this case of an unusual character. We have been
threatened with the reading of newspapers; and pu