e it is that this trial attracts this unusual interest. It is
not that, so far as this defendant is concerned, the question whether he
be bound over here, or whether the District Attorney takes his case
directly to the Grand Jury, can make the slightest difference in the
world; but because the decision of this tribunal, though only
preliminary, will have great effect upon the community, and will be
carried throughout the United States. It is because of the political
weight attached to it, that such anxiety is felt for the result. For the
simple rescue of a prisoner out of the hands of an officer, is a thing
that occurs in our streets not very unfrequently, and often in other
cities. It might have occurred up stairs, and not have attracted a
moment's attention.

Who, Mr. Commissioner, is the defendant, at the bar? I have said that he
is a Justice of the Peace, sworn to sustain the laws, a counsellor of
this court and of all the courts of the United States in this State,
sworn doubly to sustain the laws. He is a gentleman of property and
education, whose professional reputation and emolument depend upon
sustaining law against force; a man whose ancestors, of the ancient
Pilgrim stock of Plymouth, are among those who laid the foundations of
the institutions that we enjoy. He has at this moment so much interest
in the way of personal pride, historical recollections, property, in
family, reputation, honor and emolument in these courts--so much at
stake as to render it impossible to believe, except on the strongest
confirmation, that he should be guilty of the offence charged against
him at this moment.

The charge against the defendant involves the meanness of instigating
others to an act he dares not commit of himself, of putting forward
obscure and oppressed men, to dare the dangers and bear the penalties
from which he screens himself; meantime holding up his hand and
swearing to obey the laws of his country which he is urging others
forward to violate.

Since, then, my friend has done me the honor to ask me to appear for him
before this tribunal, from among others so much better qualified, I feel
that I am placed in circumstances calling for some allowance, some
liberty for feeling and expression. We think ourselves happy that in
this State trial, this political State trial, we appear before one who
has been known through his whole life as not only the advocate of the
largest liberty, but the asserter and maintainer of