But what is the line of defence taken by its advocates?
It has been solemnly and repeatedly declared in the House of Commons that a jury composed of planters would have acted with far more injustice than did this court;--this court which has never found a single lawyer to stake his professional character on the legality of its proceedings.

The argument is this.

Things have doubtless been done which should not have been done.

The court-martial sat without a jurisdiction; it convicted without evidence; it condemned to a punishment not warranted by law.

But we must make allowances.