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SAMUEL DEXTER.

SAMUEL DEXTER was a native of Boston, Massachusetts, where he was born in the year 1761. His father, Samuel senior, a descendant of Richard Dexter, who emigrated from England to America, a short time after the landing at Plymouth, was an active supporter of the patriotic cause, prior to the Revolution, and for his eminent services was several times elected by the colonial House of Representatives to the Council; and for the same reasons as often rejected by the royal governor. Finally, however, he was permitted to take his scat; but, in 1774 was again negatived, in company with Bowdoin and others, by the " express commands of his Majesty." It is recorded that he took part in the preparation of the celebrated answers to the Governor's speeches, and the various state papers of that period; which have so long been the theme of admiration for their eloquence and their firm and bold tone of remonstrance against the oppressive measures of the British ministry.* "Soon after the commencement of the revolutionary war," says Doctor Holmes, "he removed, with his family, to Woodstock, Connecticut. He had a large library, which attracted much attention, at the time of its removal, and he was greatly devoted to the use of it, in his retirement, to the close of his life. He was a gentleman of a highly respectable character, possessed a handsome estate, and enjoyed far beyond most literary men, in our country, otium cum dignitate. The latter part of his life was spent in the investigation of the doctrines of theology; which resulted in the establishment, by his will, of a professorship of Sacred Literature in Harvard University. He died, at Mendon, in Massachusetts, on the 10th of June, 1810. Hannah, the wife of this excellent man, and the mother of the subject of this sketch, was the daughter Andrew and Mary Sigourney, and a descendant of André Sigourney, one of those Huguenots who fled from France to America on the revocation of the edict of Nantes. She is described as "a respectable lady, of dark complexion, with characteristic French features and pronunciation; peculiarities which her distinguished son inherited. Of her, as well as of his honored father, that son always spoke with reverenco and affection.

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At the age of sixteen years Samuel Dexter, the junior, entered Harvard University, and in 1781, graduated with the highest honors of his class. During his junior year he delivered a poem on the Progress of Science, "which was at that time," says Judge Story, "received with great applause, and is still (1816) considered as highly creditable to his taste and judgment." § After leaving college he studied law in the office of the Honorable Levi Lincoln, an eminent counsellor of that period, and subsequently Lieutenant Governor of Massachusetts. In due time

* Wheaton's Life of William Pinkney, page 141.

+ Appendix to Doctor Holmes's Memoir of the French Protestants who settled at Oxford, Massachusetts, A. D. 1686, &c., in the Massachusetts Historical Collections. Third series, vol. 2, page 79.

Mr. Dexter was, at one time, engaged in the defence of some foreign sailors, who were on trial in Rhode Island, for piracy. During the trial he had occasion to confer with them repeatedly; and a Quaker, to whom he was personally unknown, observed to a friend, when Mr. Dexter commenced his argument-"How well he speaketh our language!" mistaking him for one of the foreigners, arguing in behalf of himself and his associates.—Sketches of Samuel Dexter by Mr. Sargent.

Sketch of the Life and Character of Samuel Dexter, by Judge Story. Miscellaneous Writings, page 782.

he commenced practice, his reputation increased, and "he soon found himself surrounded with clients." He now became a member of the legislature of his native State; soon after was elected to the lower House of the Congress of the United States, and from thence was elevated to a seat in the Senate. In both branches of Congress his course was honorable and distinguished. " "His clear and forcible argumentation, his earnest and affecting admonitions, and his intrepid and original development of principles and measures, gave him a weight of authority, which it was difficult to resist. Perhaps no man was ever heard by his political opponents with more profound and unaffected respect."

In the spring of 1800, he was appointed by President Adams, Secretary of War, and in the following winter, on the resignation of Oliver Wolcott, was transferred to the Treasury Department. He discharged the duties of these offices with his characteristic energy and ability. Before the close of Mr. Adams' administration he was offered a foreign mission. This honor he declined.

Mr. Dexter continued at the head of the Treasury department during a greater part of the first year of Mr. Jefferson's presidency. Mr. Gallatin succeeded him on the twenty-sixth of January, 1802. Soon after retiring he resumed the duties of his profession, and was immediately engaged in causes brought before the highest courts of his native State and of the country. It was in this position that his splendid powers were fully developed. "In no situation,” said Judge Story, "have the admirable talents of Mr. Dexter appeared with more unclouded lustre, than in his attendance on the Supreme Court, at Washington. For several years, he passed the winters there, under engagements in many of the most important causes. Rarely did he speak without attracting an audience composed of the taste, the beauty, the wit and the learning, that adorned the city; and never was he heard without instruction and delight. On some occasions, involuntary tears from the whole audience have testified the touching power of his eloquence and pathos. On others, a profound and breathless silence expressed, more forcibly than any human language, the riveted attention of an hundred minds:-I well remember," continues the same able authority, "with what appropriate felicity he undertook, in one cause, to analyze the sources of patriotism. *** No one who heard him describe the influence of local scenery upon the human heart, but felt his soul dissolve within him. I can recall but imperfectly a single passage; and, stript of its natural connection, it affords but a glimmering of its original bright'We love not our country,' said the orator, 'from a blind and unmeaning attachment, simply because it is the place of our birth. It is the scene of our earliest joys and sorrows. Every spot has become consecrated by some youthful sport, some tender friendship, some endearing affection, some reverential feeling. It is associated with all our moral habits, our principles, and our virtues. The very sod seems almost a part of ourselves, for there are entombed the bones of our ancestors. Even the dark valley of the shadow of death is not without its consolations, for we pass it in company with our friends.""

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It is much to be regretted that the forensic efforts of Mr. Dexter have not been preserved. But one of his arguments is extant, and that is spoken of by his most recent and most competent biographer,* as an abridgment," and cannot, probably, however able, be classed in the very foremost rank of his efforts. His argument on the unconstitutionality of the embargo laws, is considered to be one of his greatest successes. To the profound legal knowledge, the able statesmanship, and the tremendous eloquence he displayed on this occasion, Mr. Webster, in the memorable debate on Foot's resolution, gives unqualified and honorable praise.

Mr. Dexter's style of speaking was slow and deliberate. Generally, he stood still and erect, using no gestures except, occasionally, in the extension of is right arm towards the bar, with his hand firmly clenched. "When growing earnest, he often inclined his body slightly forward, and closing the palms of his hands, moved them up and down repeatedly, as though he were about to dive into the jury box; and, at such times, a dignified motion of the head gave emphasis to the argument. When deeply engaged in any important cause, a slight tremulation of the fingers

* Honorable Lucius Manlius Sargent, of Massachusetts, whose sketches of Mr. Dexter, over the signature of "Sigma," appeared in the Boston Transcript in 1856-1857. These valuable papers have since been issued in a volume.

was frequently perceptible:-He was in the practice of walking much in his office, with his hands behind his back, and in perfect silence. He had a very common habit of sitting for an hour or more with his eyes closed, his chair canted backward, his feet resting against the wall, or the mantel, and while in this position, gently stroking his nose with his thumb and finger. On such occasions, no one disturbed him, without good and sufficient reasons." Another of his peculiarities is noted by Mr. Sullivan, in his interesting Letters on Public Characters. "His precious moments were of the early morning, when in bed. He awoke oftentimes before dawn, and would remain in bed, producing a gentle motion of the body by shaking his foot, while his mind was occupied in severe contemplation." His manhood may be considered to have been one long process of meditation, reluctantly interrupted by business and sleep.

Mr. Dexter was a strenuous advocate of temperance, and was one of the originators of the first society formed for the promotion of that object, and, on its organization, its first president. This was the Massachusetts State Temperance Society, established about 1813. His was the remark: "Give me the money paid for the support of drunken paupers in the United States, and I will pay the expenses of the Federal and of every State government in the Union, and in a few years become as rich, with the surplus, as the Nabob of Arcot." He had consented to deliver the opening address of the Massachusetts Society, but was prevented from carrying out his intentions in consequence of being detained at Washington.*

In 1815, President Madison tendered him the mission to Spain, but, from an unwillingness to leave his native country, he declined the proffered honor. During the winter of this and the following year, he was, as usual, engaged in the laborious duties of his profession at Washington. He was once compelled to relinquish his labors for a time on account of illness; but before he returned to the North in the spring of 1816, he had regained his accustomed health and vigor. On the last day of April of this year, he arrived at Athens, New York, whither he had gone with his family, to attend the wedding of his oldest son. At the time of his arrival he was somewhat indisposed, and continued to fail until his death, which occurred on the morning of the fourth of May following.

The best memorials of this remarkable man, are to be found in the recent sketches by Mr. Sargent, to whom the historical and literary students of America are deeply indebted for the many and valuable facts he has garnered and preserved in the several occasional products of his pen. In the various discourses delivered by eminent jurists of the United States, among whom are Justices Story and Thacher, and Mr. Bliss and Mr. Livingston, will also be found earnest tributes to the eloquence and ability of Mr. Dexter.

ARGUMENT IN SELFRIDGE'S TRIAL.

The following argument was delivered by Mr. | close of the defence of this important and interDexter, in the Supreme Court of Massachusetts, esting cause. In doing it, though I feel perat the trial of Thomas O. Selfridge, attorney-at-yet I reflect with anxiety, that no exertion or fectly satisfied that you are men of pure minds, law, for killing Charles Austin, on the public Exchange, in Boston, on the fourth of August, 1806.t

MAY IT PLEASE YOUR HONOR, AND YOU, GENTLEMEN OF THE JURY: It is my duty to submit to your consideration some observations in the

zeal on the part of the defendant's counsel can
possibly insure justice, unless you likewise per-
form your duty. Do not suppose that I mean
to suggest the least suspicion with respect to
your principles or motives.
I know you to
have been selected in a manner most likely to
obtain impartial justice; and doubtless you have

* Familiar Letters on Public Characters by William Sul- condensed statement of his defence, to the detailed draft, as livan, page 403.

+ This argument was first printed in the report of this trial, in 1807, with the following note. "The Argument of Mr. Dexter is published from a report of the same as furnished by himself. Mr. D. preferred this mode of giving a

prepared by one of the stenographers. It is much compressed in size from the original argument, but although a compendium, will be found to contain all the prominent and essential points, maintained by him in this important trial."

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honestly resolved, and endeavored to lay aside all opinions which you may have entertained previous to this trial. doing this, is perhaps not fully estimated; a But the difficulty of man deceives himself oftener than he misleads others; and he does injustice from his errors, when his principles are all on the side of rectitude. To exhort him to overcome his prejudices, is like telling a blind man to see. He may be disposed to overcome them, and yet be unable because they are unknown to himself. When prejudice is once known, it is no longer prejudice, it becomes corruption; but so long as it is not known, the possessor cherishes it without guilt: he feels indignation for vice, and pays homage to virtue; and yet does injustice. It is the apprehension that you may thus mistake, that you may call your prejudices principles, and believe them such, and that their effects may appear to you the fruits of virtue, which leads us so anxiously to repeat the request, that you would examine your hearts, and ascertain that you do not come here with partial minds. there is no reason for this precaution. Jurors In ordinary cases, are so appointed, by the institutions of our country, as to place them out of the reach of improper influence, on common occasions; at least as much so as frail humanity will per

mit.

case, his would be the misfortune, and to him would it be confined; but in the other, you vioruin. Consider what would be the effect of an late a principle, and the consequence may be impression on the public mind, that in consequence of party opinion and feelings, the defendant was acquitted. Would there still be recourse to the laws, and to the justice of the country? Would the passions of the citizen, in a moment of frenzy, be calmed by looking forward to the decision of courts of law for justice? Rather every individual would become the avenger of imaginary transgression. Vio. lence would be repaid with violence; havoc would produce havoc; and instead of a peaceable recurrence to the tribunals of justice, the spectre of civil discord would be seen stalking through our streets, scattering desolation, misery and crimes.

And

political prejudice on this day; and if so, you are amenable to your country and your God. Such may be the consequences of indulging This I say to you who are federalists; and have are democratic republicans? That liberty, which I not as much right to speak thus to those who you cherish with so much ardor, depends on your preserving yourselves impartial in a court of justice. It is proved by the history of man, at least of civil society, that the moment the What is liberty, but the enjoyment of your rights, free from outrage or danger? judicial power becomes corrupt, liberty expires. what security have you for these, but an impartial administration of justice? Life, liberty, reputation, property, and domestic happiness, are all under its peculiar protection. It is the judicial power, uncorrupted, that brings to the dwelling of every citizen, all the blessings of civil society, and makes it dear to man. Little has the private citizen to do with the other branches of government. What, to him, are the great and splendid events that aggrandize a few eminent men and make a figure in history? His domestic happiness is not less real, because it will not be recorded for posterity; but this happiness is his no longer than courts of justice protect it. It is true, injuries cannot always be prevented; but while the fountains of justice are pure, the sufferer is sure of a recompense.

But when a cause has been a long time the subject of party discussion; when every man among us belongs to one party or the other, or at least is so considered; when the democratic presses, throughout the country, have teemed with publications, fraught with appeals to the passions, and bitter invective against the defendant; when, on one side, every thing has been done, that party rage could do, to prejudice this cause; and, on the other, little has been said in vindication of the supposed offender, though, on one occasion, I admit that too much has been said; when silence has been opposed to clamor, and patient waiting for a trial to systematic labor to prevent justice; when the friends of the accused, restrained by respect for the laws, have kept silence, because it was the exclusive right of a court of justice to speak; when no voice has been heard from the walls of the defendant's prison, but a request that he may not be condemned without a trial; the necessary consequence must be, that opinion final despotism, that must result from mutual will progress one way; that the stream of in- deeds of vengeance, when there is no longer an Contemplate the intermediate horrors and cessant exertion will wear a channel in the pub-impartial judiciary, to which contending parties lic mind; and the current may be strong enough to carry away those who may be jurors, though they know not how, or when, they received the impulse that hurries them forward.

I am fortunate enough not to know, with respect to most of you, to what political party you belong. Are you republican federalists? I ask you to forget it: leave all your political opinions behind you; for it would be more mischievous, that you should acquit the defendant from the influence of these, than that an innocent man, by mistake, should be convicted. In the latter

may appeal, with full confidence that principles will be respected. Fearful must be the interval of anarchy; fierce the alternate pangs of rage and a gloomy despotism terminate the struggles of conflicting factions. Again, I beseech you and terror, till one party shall destroy the other, to abjure your prejudices. In the language once addresssed from Heaven to the Hebrew prophet, "Put off your shoes, for the ground on which you stand is holy." friends, the devoted worshippers of civil liberty; will you violate her sanctuary? Will you proYou are the professed

I will now proceed to state the nature of the charge on which you are to decide, and of the defence which we oppose to it; then examine the evidence, to ascertain the facts, and then inquire what is the law applicable to those facts.

fane her temple of justice? Will you commit | sake of argument, that the evidence proves mursacrilege while you kneel at her altar? der. Our time will be more usefully employed in considering the principles of the defence. Let it be admitted, then, as stated by the counsel for government, that the killing being proved, it is incumbent on the defendant to discharge himself from guilt. Our defence is simply this, that the killing was necessary in self-defence; or, in other words, that the defendant was in such imminent danger of being killed, or suffering other enormous bodily harm, that he had no reasonable prospect of escaping, but by killing the assailant.

The charge is for manslaughter; but it has been stated in the opening, that it may be necessary to know something of each species of homicide, in order to obtain a correct idea of that which you are now to consider.

Homicide, as a general term, includes, in law, every mode of killing a human being. The highest and most atrocious is murder; the discriminating feature of which is previous malice. With that the defendant is not charged; the grand jury did not think that by the evidence submitted to them, they were authorized to accuse him of that enormous crime. They have, therefore, charged him with manslaughter only.

This is the principle of the defence stripped of all technical language. It is not important to state the difference between justifiable and excusable homicide, or to show to which the evidence will apply; because, by our law, either being proved, the defendant is entitled to a general acquittal.

Let us now recur to the evidence and see whether this defence be not clearly established.

Mr. DEXTER here went into a minute exami

The very definition of this crime, excludes previous malice; therefore it is settled, that nation of the whole evidence. In the course of there cannot, with respect to this offence, be an accessory before the fact; because the intention it he labored to prove, that Mr. Selfridge went of committing it is first conceived at the moment on the Exchange about his lawful business, and of the offence, and executed in the heat of a without any design of engaging in an affray; sudden passion, or it happens without any such that he was in the practice of carrying pistols, intent, in doing some unlawful act. It will not be contended that the defendant is guilty of and that it was uncertain whether he took the either of these descriptions of manslaughter. weapon in his pocket in consequence of expectNeither party suggests that the defendant was ing an attack; that if he did, he had a right so under any peculiar impulse of passion at the to do, provided he made no unlawful use of it; moment; and had not time to reflect; on the contrary, he is said to have been too cool and that the attack was so violent and with so dandeliberate. The case in which it is important gerous a weapon, that he was in imminent danto inquire, whether the act was done in the heat ger; that it was so sudden, and himself so of blood, is where the indictment is for murder, feeble, that retreat would have been attended and the intent of the defence is to reduce the crime from murder to manslaughter; but Self- with extreme hazard; that the pistol was not ridge is not charged with murder. There is no-discharged until it was certain that none would thing in the evidence that has the least tendency interfere for his relief, and that blows, which to prove an accidental killing, while doing some perhaps might kill him, and probably would unlawful act. It is difficult to say, from this view of manslaughter, when compared with the fracture his skull, were inevitable in any other evidence, on what legal ground the defendant way, and that the previous quarrel with the can be convicted; unless it be, that he is to be father of the deceased, if it could be considered considered as proved guilty of a crime which as affecting the cause, arose from the misbehamight have been charged as murder, and by law, if he now stood before you under an indict-vior of old Mr. Austin, and that the defendant ment for murder, you might find him guilty of had been greatly injured in that affair:-Mr. manslaughter, and therefore you may now con- DEXTER then proceeded: vict him.

This does not appear to be true; for the evidence would not apply to reduce the offence from murder to manslaughter, on either of the aforementioned grounds. Perhaps it may be said, that every greater includes the less, and therefore, manslaughter is included in murder; and that it is on this principle that a conviction for manslaughter may take place on an indictment for murder. I will not detain you to exmine this, for it is not doing justice to the defendant to admit, for a moment, even for the VOL. II.-16

It cannot be necessary, gentlemen, for the defendant to satisfy you beyond doubt, that he received a blow before the discharge of the pistol. There is positive evidence from one witness, that the fact was so, and other witnesses say much that renders it probable. But if the defendant waited until the cane was descending, or even uplifted within reach of him, reason and common sense say, it is the same thing; no man is bound to wait until he is killed, and being knocked down would disable him for de

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