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</td></tr></table>Mmulliganhttps://gppwiki.swem.wm.edu/wiki/index.php?title=.NTMyMw.MzY2OTY&diff=690286&oldid=prevMmulligan: Created page with "fied forever, that you are to remunerate the plaintiff by the punishment of the defendant. It is not her present value which you are to weight--but it is her value at that tim..."2022-04-20T17:22:17Z<p>Created page with "fied forever, that you are to remunerate the plaintiff by the punishment of the defendant. It is not her present value which you are to weight--but it is her value at that tim..."</p>
<p><b>New page</b></p><div>fied forever, that you are to remunerate the plaintiff by the punishment<br />
of the defendant. It is not her present value which you<br />
are to weight--but it is her value at that time when she sat basking<br />
in a husband's love, with the blessing of Heaven on her head,<br />
and its purity in her heart; when she sat amongst her family,<br />
and administered the morality of the parental board; estimate<br />
that past value--compare it with its present deplorable diminution--<br />
and it may lead you to form some judgment of the severity <br />
of the injury, and the extent of the compensation. --The Learned <br />
Counsel has referred you to other cases, and other countries, for<br />
instances of moderate verdicts. I can refer you to some authentic <br />
instances of just ones. In the next county, 15,000|. against a <br />
subaltern officer. In Travers and McCarthy, 5000|. against a servant.<br />
In Tighe against Jones, 10,000|. against a man not worth<br />
a shilling. What then ought to be the rule, where rank, and<br />
power, and wealth, and station, have combined to render the<br />
example of his crime more dangerous--to make his guilt more<br />
odious--to make the injury to the plaintiff more grievous, because<br />
more conspicuous? I affect no levelling familiarity, when<br />
I speak of persons in the higher ranks of society--distinctions of<br />
orders are necessary, and I always feel disposed to treat them with<br />
respect--but when it is my duty to speak of the crimes by which<br />
hey are degraded, I am not so fastidious as to shrink from their<br />
ontact, when to touch them is essential to their dissection. How-<br />
er, therefore, I should feel on any other occasion, a disposition<br />
speak of the noble defendant with the respect due to his sta-<br />
n, and perhaps to his qualities, of which he may have many,<br />
edeem him from the odium of this transaction, I cannot so<br />
lge myself here. I cannot betray my client, to avoid the pain <br />
oing my duty. I cannot forget that in this action the con-<br />
n, the conduct, and circumstances of the party, are justly<br />
peculiarly the objects of your consideration. Who then are<br />
parties? The plaintiff, young, amiable, of family and edu-<br />
on. Of the generous disinterestedness of his heart, you can <br />
m an opinion even from the evidence of the defendant, that<br />
declined an alliance which would have added to his fortune<br />
and consideration, and which he rejected for an unportioned<br />
<br />
[[unclear]] sacrilege and impiety. In the most<br />
odious contempt of every personal feeling, of public opinion, of<br />
common humanity, did he parade this woman to the sea-port,<br />
whence he transported his precious cargo to a country where her<br />
example may be less mischievous than in her own; where I <br />
agree with my learned Colleague, in heartily wishing he my remain<br />
with her forever. We are too poor, too simple, too unadvanced <br />
a country, for the example of such atchievements.--<br />
When the relaxation of morals is the natural growth and consequence<br />
of the great progress of arts and wealth, it is accompanied<br />
by a refinement that makes it less gross and shocking: but<br />
for such palliations we are at least a century too young. In every<br />
point of view in which I can look at the subject, I see you are<br />
called upon to give a verdict, of bold, and just, and indignant, <br />
and exemplary compensation. The injury of the plaintiff demands<br />
it from your justice. The delinquency of the defendant<br />
provokes it by its enormity. The rank on which he has relied for<br />
impunity, calls upon you to tell him, that crimes does not ascend <br />
to the rank of the perpetrator, but the perpetrator sinks from his<br />
rank, and descends to the level of his delinquency. The style<br />
and mode of his defence is a gross aggravation of his conduct, <br />
and a gross insult upon you. Your verdict will, I trust put an<br />
end to that encouragement to guilt that is build upon impunity--<br />
the devil, it seems, has saved the Noble Marquis harmless in the<br />
past; but your verdict will tell him the term of that indemnity is<br />
expired, that his old friend and banker has no more effects<br />
in his hands, and that if he draws any more upon him, he must<br />
pay his own bills himself. You will do much good by doing so;<br />
you may not enlighten his conscience, nor touch his heart, but<br />
his frugality will understand the hint. He will adopt the prudence<br />
of age, and be deterred from pursuits, in which, though<br />
he may be insensible of shame, he will not be regardless of expence.<br />
You will do more, you will not only punish him in his <br />
tender point, but you will weaken him in his strong one, his money.<br />
There is another consideration, Gentlemen, which I think most<br />
imperiously demands even a vindictive award of exemplary damages,<br />
and that is the breach of hospitality. To us peculiarly <br />
does it belong to avenge the violation of its altar. The hospitality</div>Mmulligan