524 APPENDIX. 



not carry them, had not brought them, or was guilty of a breach of the 

 first part of the law, viz., carrying unlawful weapons, for you sentenced 

 another who made the first attack upon him ; and equally clear that 

 he did not inflict any wound until he was assaulted by several, and in 

 self-defence, and had received great provocation to use the weapon he 

 had taken from the man who attacked him. This might have occurred 

 to any one walking peaceably in the street, aud yet you adjudge him 

 guilty of the worst motives, in having in his possession the weapon, 

 and order him to receive, after a very informal hearing, the severest 

 penalty of the law ; and that too, after his trial had been demanded by 

 jury, and you had been understood to grant the request. Is this right? 

 I think not. Under these circumstances, I felt it my duty to interpose, 

 and protect him from a farther infliction of lashes, which you now 

 inform me is remitted ; but that his fine is still to be paid. 



In demanding the man, I would have you distinctly to understand, 

 that it is not my desire to screen him from proper or legal punish- 

 ment, provided he is found guilty of an offence by a tribunal invested 

 with power to try the case ; but I object to any informal proceedings, 

 particularly where an ignominious and severe punishment is to be 

 inflicted. 



The case, as I now view it, stands thus : the man has received 

 twenty-eight lashes by your authority, and is required to pay fifty 

 dollars, without being allowed a proper trial, or such as he was justly 

 entitled to, and was claimed for him, and at which testimony would 

 have been brought to show that he was, prior to, and at the time of 

 entering the premises, peaceably inclined, with no weapons on him ; 

 when he was assaulted by one carrying unlawful weapons, and 

 resents it; unfortunately proves the most powerful, and gets pos- 

 session of the weapon ; is attacked by others, whom he defends him- 

 self against, and is then taken and punished, without an opportunity 

 of bringing proof of his good character, which there are many to 

 vouch for; and suffers part of a punishment that would be inflicted on 

 an assassin. 



The punishment already inflicted prevents me from soliciting a 

 new trial ; but I do, and must claim that a further hearing be had, in 

 the same informal manner, to examine if his intentions were criminal, 

 by making an unprovoked attack on the persons, and not one of self- 

 defence, and under the circumstances excusable, before I can consent 

 to the payment of a fine, which I cannot but view as excessive. 



In being brought to this conclusion, I must again impress upon 

 you, that it will always be my desire to show the utmost deference to 

 your laws, and to cause them to be observed by all those under my 



