ns of the
committee, and that whatever I did would be sanctioned by them all, and
full protection, both in law and conscience, afforded me in any stage of
the proceeding.
Nothing was wanting but my own consent; but this was difficult to
secure.
At the first view, it seemed to be a most horrible and unwarrantable
crime to deprive a fellow-being of life, under any circumstances; but
especially so where, in meeting his fate, no opportunity 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
Murat 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 its
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