George A. Smith

“ God said to Cain, I will put a mark upon you, that no man may kill you. I want the crocodile, the hyena, that would destroy the reputation of our females to feel that the mark is upon him; and the avenger upon his path, ready to pounce upon him at any moment to take vengeance; and this, that the chastity of our women, our wives and daughters, may be preserved: that the community may rest in peace, and no more be annoyed by such vile depredations. ”

“ A man, for taking the life of the seducer of his sister, was tried and acquitted, although he did the deed in the presence of hundreds of persons: he shot him not more than ten feet from the Court House. I saw the prosecutor, and conversed with him, and have a knowledge of the leading facts. I bring these instances before the jury, to show that there are parallel cases to the one before us in American jurisprudence; and yet, in some of the States a civil suit for damages will answer the purpose. ”

“ Are the law, the genius, the spirit, and the institutions of a people who go in for preserving inviolate—in perfect innocence, the chastity of the entire female sex—are they to compare with the spirit and the genius of communities that only value it by a few dimes? ”

“ And whether such an application of law and justice as that I have just noticed is applicable to us?
In England, when a man seduces the wife or relative of another, the injured enters a civil suit for damages, which may perhaps cost him five hundred pounds, to get his case through; and, as a matter of course, if he unfortunately belongs to the toiling million, he may get twenty pounds as damages. In this case, character is not estimated, neither reputation, but the number of pounds, shillings, and pence alone bear the sway, which is common in courts of all old and rotten governments. ”

“ Go to the cities of Great Britain where the census reports between two and three hundred thousand prostitutes: if a man seduces a female, no matter how it occurs, a few pence is all the scoundrel pays. He damns the woman, who is consigned to infamy, and compelled to linger out a short existence, and ultimately covers her shame, seeking repose in a premature grave ”

“ In taking this point into consideration, I argue that in this territory it is a principle of mountain common law, that no man can seduce the wife of another without endangering his own life. I may be asked for books. Common law is, in reality, unwritten law ”

“ Egan, that it may be known that the man who shall insinuate himself into the community, and seduce his neighbor's wife, or seduce or prostitute any female, may expect to find no more protection than the wolf would find, or the dog that the shepherd finds killing the sheep: that he may be made aware that he cannot escape for a moment. ”

“ Why, men are under the necessity of respecting female chastity, when a seducer is no more secure abroad than the dog is that is found killing sheep. Female virtue is not protected by those old governments ”

“ Horton," for the killing of the seducer of his sister. The jury in this case also found the prisoner NOT GUILTY. This is the common practice in the United States, that a man who kills the seducer of his relative is set free. ”