It is indeed, as described by
Bacon, at bottom a kind of wild untutored justice; for the fear
of retaliation must withhold the hands of the oppressor where
there is no regular law to check daring violence. But though all
this may be granted, and though we may allow that, such having
been the case of the Highlands in the days of the prisoner's
fathers, many of the opinions and sentiments must still continue
to influence the present generation, it cannot, and ought not,
even in this most painful case, to alter the administration of
the law, either in your hands, gentlemen of the jury, or in mine.
The first object of civilisation is to place the general
protection of the law, equally administered, in the room of that
wild justice which every man cut and carved for himself,
according to the length of his sword and the strength of his arm.
The law says to the subjects, with a voice only inferior to that
of the Deity, 'Vengeance is mine.' The instant that there is time
for passion to cool, and reason to interpose, an injured party
must become aware that the law assumes the exclusive cognisance
of the right and wrong betwixt the parties, and opposes her
inviolable buckler to every attempt of the private party to right
himself.
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