Page images
PDF
EPUB

forced my way up to the bar, but at a hint from Mr. Lincoln, one of the bailiffs gave me a seat where I could hear and see all that was said and done.

The attorneys for the prosecution were Boutwell of Massachusetts, Reed of Maine, Edmonds of Vermont, and others of less note. For the defense, Senators Hanna, Chandler, Depew and Morgan, Col. Watterson of Kentucky, and two or three preachers who, by courtesy, were called "Christian ministers."

It was proved, that "at the time the United States declared war against Spain, the Filipinos had been fighting for liberty and independence for several years, and had nearly attained their freedom; that upon the arrival of the United States forces at the Philippine Islands, the Islanders became allies of the United States in their war against Spain; that at the close of that war the Filipinos still claimed their independence and their right to govern themselves, and denied the right which was claimed by the defendant, as Commander-in-chief of the Army and Navy of the United States, to govern them and exercise proprietary rights in their country; that, to enforce his claim, the President made war upon them, and by that war had caused the death, in battle and by wounds and disease, of twenty thousand Filipinos and two thousand Americans whom he had ordered there to fight, and that some of the latter were boys under twenty-one years of age."

The defense was, that "by the treaty of peace with Spain the United States had gained the sovereignty of those Islands, and that the President could not surrender it; that he had a right to enforce his claim to them to the extent of

the extermination of the inhabitants if they would not otherwise submit to his authority."

For a further defense it was pleaded that, "in prosecuting the war upon the Filipinos, the defendant was seeking to establish peace, humanity, civilization, and Christianity among them; that the war was for their own good, and no matter how much it cost in blood and treasure, it would finally result in peace, prosperity, and happiness."

For a further defense it was claimed, "that the United States needed the Islands in their business; that they were very, very rich, and would be a source of great profit to American speculators, traders, merchants, agriculturists, cotton-raisers, and office-holders; that it was the true policy of the United States to expand and create a colonial empire after the fashion of Great Britain; that it was the manifest destiny of the Anglo-Saxon race to control the world; that honor and patriotism demanded that the American flag should wave to the end of time wherever it had once been planted; and that to stop the Philippine War now would make our country an object of ridicule for a hundred years."

The trial lasted several days, the case being very ably and thoroughly argued on both sides. The Court was absolutely impartial. The motto of Chief-Justice Marshal in this case, as in the trial of Aaron Burr, was “Fiat justitia, ruat coelum." His instructions covered the whole doctrine of murder and were the most admirable specimen of that kind of literature I ever heard of read.

The case was given to the jury at ten o'clock in the morning, and at six o'clock in the evening they brought in their verdict. George Washington was the foreman. As

he arose and handed the verdict to the clerk of the court to be read his appearance was majestic. All eyes were now upon the clerk. The stillness was intense and the interest and suspense painful. The verdict was, "Guilty as charged in the indictment."

Up to this time, and during his long trial, the prisoner had borne himself with a firmness (perhaps I should rather say hardihood) worthy of the man who made that terrible speech at Pittsburg, presaging the conquest of the Filipinos. Now, as all eyes were turned to him, upon the reading of the verdict, he started as if he had received a violent electric shock, then turned deadly pale and had to be supported in his chair by his attendants.

A motion for a new trial was made by his attorneys, and ten o'clock the following day was set for hearing it, and the court adjourned.

The argument of the motion the next day was lengthy, and, upon the part of some of the attorneys for the defense, very abusive. The Court took a recess of one hour to consult, and at the end of that time they returned, overruled the motion, and again adjourned.

Then ensued a most extraordinary scene. Mr. Clay, the boldest and most self-reliant public man of this century, arose and requested all the people to remain till he made an announcement.

He stated that the trial which had just closed was the most important that had ever occured in the history of this country. The verdict had been severely criticised and he thought the jury owed it to themselves and to the people

of the United States to make a public statement of the grounds of their verdict; he had consulted with the jury during the recess, and they all agreed with him, that, as there was to be no court to-morrow, they would meet in the court-room for that purpose at ten o'clock the next morning.

At the hour appointed the court-room was, if possible, more crowded than during the trial. General Washington was elected president of the meeting, by acclamation; Mr. Lincoln vice-president, and Mr. Clay secretary. The president directed the secretary to call the names of the jury in alphabetical order, beginning with Aristides.

SPEECH OF ARISTIDES.

"It is plain, from the evidence, that the killing in this case was done by the order of the defendant; but it is contended that as it was done in a state of war, it cannot be murder. This would be true if the war was just or necessary, but this war was neither. On the contrary, the circumstances under which the war was made aggravate the offense, for the Filipinos were, or had been, the allies of the Americans in their war against Spain.

"It has always been my opinion that war never was justifiable except in necessary self-defense, such as the wars of Greece against Persia, and the wars of America against England. Offensive wars always injured Greece, and the Peloponnesian war was ruinous to Athens. It was not merely by war that Greece became the admiration of the world, and Athens the most wonderful city that ever ex

isted; it was more by the success of their great men in the works and arts of peace.

"I am proud of the heroic deeds of the warriors of my country, but I am still more proud of those greater exhibitions of superior mental power which still shine with such lustre in the works of her poets, orators, statesmen, and sages; and of those edifices and monuments which still attest the skill and taste of her artists, architects, and builders. Who can tell how much they have done for the civilized world in the last two thousand years? Bright was the glory and green were the laurels which they won at Marathon, Salamis, and Platea; but dim is that glory and faded are those laurels when compared with the honors and blessings which will ever rest on the poets and orators, philosophers and statesmen of my native land.

"My countryman Themistocles was a man of superior genius, and rendered great services to his country in the Persian war, and the failure of the fearful invasion of Xerxes was, in large measure, due to him; but he was ambitious, selfish, and corrupt. After the defeat of the Persians at Marathon and Salamis, and when Xerxes had retreated to Persia, Themistocles proposed to the Athenians to destroy the ships of their allies, and thus secure the naval supremacy of Athens. The Athenians rejected the proposal as unjust and perfidious, and they were clearly right in so doing.

"In the present case, the defendant has done worse with the allies of the Americans in the war against Spain than Themistocles proposed to do with the allies of the Athenians. He has attempted to appropriate their country to the use of the Americans, unjustly; and, because they re

« PreviousContinue »