(c) He knew the dagger had been destroyed,
(d) He knew who had committed the murder,
(e) He knew when it was done,

(f) He knew where the club was hidden,

(g) He went home after the murder,

(q) Mr. Colman's testimony is said to be inconsistent with his subsequent actions; but

(r) His inconsistent conduct is all in favor of F. Knapp and shows a friendliness to him.

CONCLUSION.

D.

I. Summary of Inferences.

The following conclusions must be inferred from the circumstances and the testimony:

A. There was a conspiracy for the purpose of committing the murder;

B. The Crowninshields and the Knapps were
parties to this conspiracy;

C. The prisoner knew that the murder was to
be committed on the evening of April 6th;
D. The murderers of Captain White were the
suspicious looking persons in and about
Brown and Howard Streets that night;
E. Richard Crowninshield was the perpetrator
of that crime;

F. The prisoner at the bar was on Brown Street
that night;

G. If there, he was there by agreement with Crowninshield, to aid the perpetrator; and if so, he is guilty as PRINCIPAL.

II. Address to the Jury:

It is the duty of the jury —

A. To apply the law as delivered by the court;
B. To remember the safety of the public, as well as
what is due the prisoner;

C. To decide according to knowledge and conscience

regardless of consequences.

OUTLINE OF BURKE'S SPEECH ON CONCILIATION WITH THE AMERICAN COLONIES.

A.

INTRODUCTION.

1. The return of the penal bill is a good omen;

2. The subject is grave and demands fixed opinions ; 3. Parliament has changed its opinions frequently; hence 4. The American Colonies are kept in a state of agitation; 5. Though requested to formulate a scheme of government, I hesitate, for I doubt,—

(a) My own ability,

(b) The value of government on paper.

6. I consent, for I believe in,—

(a) The character and judgment of the English people, (b) The efficacy of the proposition, which is,

7. "I propose peace with the Colonies by restoring their former confidence in the mother country"

(a) This is better than refined policy,

for

(b) Conciliation has already been declared admissible ever without submission on the part of the Colonies,

(c) The principle is broad enough,

(d) We, the superior power, may offer it with safety and honor;

8. This proposition raises two questions;

(a) Shall we concede?

(b) What shall the concession be?

9. To determine either, it is necessary to examine the nature and circumstances of these colonies.

B.

DISCUSSION.

FIRST:

· Condition of American Colonies.

I. Population: (a) Population is already large;

(b) It is very rapidly increasing; hence

(1) It will admit of no narrow and mean

policy.

II. Commerce: 1. American commerce is of great importance to us;

(a) Mr. Glover's calculations have shown

this,

(b) An exhibition of the growth of exports shows it,

(c) American trade has been the life of all our trade,

(d) This is the growth of sixty-eight years, (e) A statement of imports would show the same,

(f) Agricultural products are of immense value,

(g) Fishery products are of immense value:

A. America, then, is well worth making an effort to retain.

B. But fighting America is not the best way to retain her for

1. Force is only a temporary means;

2. Force is an uncertain means;

3. Force impairs the value of what is fought for;

4. Force is out of our experience in govern

ing colonies;

5. Force cannot be used successfully against the
American people; for

III. Character: (a) They are ardent lovers of liberty, because

(a) They are descendants of Englishmen, and possess English traits,

(1) They emigrated when the spirit of liberty was highest,

(2) The English were always tender

on taxation,

(3) The Colonies are tender on the same point,

(b) Their form of legislature fosters liberty,

SECOND:

(c) Religion in the North fosters liberty, (1) They are Protestants, and

(2) They are mainly dissenters from the Church of England.

(d) The presence of slavery in the South fosters the spirit of liberty among the free,

(e) Their education, specially in law, fosters the spirit of liberty,

(f) Their distance from the governing power has a like effect.

(Recapitulation.)

Treatment of the Colonies.

C. (Transition) Something must be done with their spirit of liberty, at once, or we shall lose the Colonies : for 1. Every recurrence of trouble increases intracta

bility;

2. They have shown their independence of us;
3. They have organized satisfactory governments,
(a) Lord Dunsmore's report is authority;

4. Massachusetts has found anarchy tolerable;
5. Our present treatment only depreciates the value
of freedom.

D. The colonies cannot be given up : for

1. This proposal met no support in parliament. E. The spirit of the Colonies cannot be changed as inconvenient by removing the causes : for

1. It would be attended with great difficulties, if not
impossibilities; because

(a) Stopping of grants of land would not do it,
(a) The Colonists would occupy unsettled
land already granted,

(b) They would occupy without grants,
(1) They have already done so,

(c) They would become dangerous to English
settlements, and officers,

(d) It would contradict our national policy, (b) Impoverishing the Colonies would not do it, for

(a) It will render them unserviceable to us, (b) Arms would still be their recourse, (c) It would necessitate falsifying their pedigree, (d) It would necessitate changing their religion, (e) It would necessitate destroying their intelligence,

(f) It would be necessary to annihilate their legislature,

(g) It would involve freeing slaves, and

(a) These, armed, might fight us,

(b) It would stop our slave trade,

(h) It would involve pumping the ocean dry. F. This spirit cannot well be prosecuted as criminal: for 1. It would be putting communities on a level with individuals;

2. There is no provision for indicting communities; 3. It would call any state's claim of privilege treason; 4. It would make one of the parties judge in the

case;

5. This method has already been tried and abandoned;

(a) Rebellion was declared in Massachusetts Bay, (b) No proceedings have been instituted;

6. All our attempts in this direction have been dismal failures:

There is, therefore, but one other possibility, which is

G. The spirit of the Colonies must be complied with as necessary, perhaps as a necessary evil: for

1. This will conciliate them; for

(a) It involves concession of 'what they demand, 66 no taxation without representation;" 2. Ignoring the question of our right, it is our best policy;

3. It will restore tranquillity, by

(a) Giving the colonies part in the constitution,
(b) Giving them our assurance of fairness and

fidelity;