Part 200 (1/2)
”We think then that in the circ.u.mstances in which we are placed, the Legislature ought to sanction such measures as the situation of the country render necessary, by giving to justice a _convenient lat.i.tude_. There are occasions when the delays inseparable from the administration of justice would be inimical to the public safety, and when the most fatal consequences would be the result.
”It appears to us, that there is an urgent necessity to provide against the inconveniences which result from popular judgment, and to check the disposition for the speedy execution of justice resulting from the unconst.i.tutional principle of a pretended Lynch law, by authorizing the parish court to take cognizance without delay, against every free man who shall be convicted of a crime; from the accusations arising from the mere provocations to the insurrection of the working cla.s.ses.
”All judicial sentences ought to be based upon law, and the terrible privilege which the populace now have of punis.h.i.+ng with death certain crimes, _ought to be consecrated by law_, powerful interests would not suffice in our view to excuse the interruption of social order, if the public safety was not with us the supreme law.
”This is the reason that whilst we deplore the imperious necessity which exists, we entreat the legislative power to give the sanction of principle to what already exists in fact.”
The Editor of the ”New Orleans Bee,” in his paper, Oct 25, 1837, says:
”We remark with regret the frightful list of homicides, whether justifiable or not, that are daily committed in New Orleans. It is not through any inherent vice of legal provision that such outrages are perpetrated with impunity: it is rather in the neglect of the _application of the law_ which exists on this subject.
”We will confine our observation to the dangerous facilities afforded by this code for the escape of the homicide. We are well aware that the laws in question are intended for the distribution of equal justice, yet we have too often witnessed the acquittal of delinquents whom we can denominate by no other t.i.tle than that of homicides, while the simple affirmation of others has been admitted (in default of testimony) who are themselves the authors of the deed, for which they stand in judgment. The _indiscriminate system of accepting bail_ is a blot on our criminal legislation, and is one great reason why so many violators of the law avoid its penalties. To this doubtless must be ascribed the non-interference of the Attorney General. The law of _habeas corpus_ being subjected to the interpretation of every magistrate, whether versed or not in criminal cases, a degree of arbitrary and incorrect explanation necessarily results. How frequently does it happen that the Mayor or Recorder decides upon the gravest case without putting himself to the smallest trouble to inform the Attorney General, who sometimes only hears of the affair when investigation is no longer possible, or when the criminal has wisely commuted his punishment into temporary or perpetual exile.”
That morality suffers by such practices, is beyond a doubt; yet moderation and mercy are so beautiful in themselves, that we would scarcely protest against indulgence, were it not well known that the acceptance of bail is the safeguard of every delinquent who, through wealth or connections, possesses influence enough to obtain it. Here arbitrary construction glides amidst the confusion of testimony; there it presumes upon the want of evidence, and from one cause or another it is extremely rare, that a refusal to bail has delivered the accused into the hands of justice. In criminal cases, the Court and Jury are the proper tribunals to decide upon the reality of the crime, and the palliating circ.u.mstances; _yet it is not unfrequent_ for the public voice to condemn as an odious a.s.sa.s.sin, the very individual who by the acquittal of the judge, walks at large and scoffs at justice.
”It is time to restrict within its proper limits this pretended right of personal protection; it is time to teach our population to abstain from mutual murder upon slight provocation.--Duelling, Heaven knows, is dreadful enough, and quite a sufficient means of gratifying private aversion, and avenging insult. Frequent and serious brawls in our cafes, streets and houses, every where attest the insufficiency or misapplication of our legal code, or the want of energy in its organs.
To say that unbounded license is the insult of liberty is folly.
Liberty is the consequence of well regulated laws--without these, Freedom can exist only in name, and the law which favors the escape of the opulent and aristocratic from the penalties of retribution, but consigns the poor and friendless to the chain-gang or the gallows, is in fact the very essence of slavery!!”
The editor of the same paper says (Nov. 4, 1837.)
”Perhaps by an equitable, but strict application of that law, (the law which forbids the wearing of deadly weapons concealed,) the effusion of human blood might be stopt _which now defiles our streets and our coffee-houses as if they were shambles_! Reckless disregard of the life of man is rapidly gaining ground among us, and the habit of seeing a man whom it is taken for granted was armed, murdered merely for a _gesture_, may influence the opinion of a jury composed of citizens, whom, LONG IMPUNITY TO HOMICIDES OF EVERY KIND has persuaded, that the right of self-defence extends even to the taking of life for _gestures_, more or less threatening. So many DAILY instances of outbreaking pa.s.sion which have thrown whole families into the deepest affliction, teach us a terrible lesson.”
From the ”Columbus (Ga.) Sentinel,” July 6, 1837.
”_Wholesale Murders_.--No less than three murders were committed in New Orleans on Monday evening last. The first was that of a man in Poydras, near the corner of Tehapitoulas. The murdered individual had been suspected of a _liason_ with another man's wife in the neighbourhood, was caught in the act, followed to the above corner and shot.
”The second was that of a man in Perdido street. Circ.u.mstances not known.
”The third was that of a watchman, on the corner of Custom House and Burgundy street, who was found dead yesterday morning, shot through the heart. The deed was evidently committed on the opposite side from where he was found, as the unfortunate man was tracked by his blood across the street. In addition to being shot through the heart, two wounds in his breast, supposed to have been done with a Bowie knife, were discovered. No arrests have been made to our knowledge.”
The editor of the ”Charleston, (S.C.) Mercury” of April, 1837, snakes the following remarks.
”The energy of a Tacon is much needed to vivify the police of New Orleans. In a single paper we find an account of the execution of one man for robbery and intent to kill, of the arrest of another for stabbing a man to death with a carving knife; and of a third found murdered on the Levee on the previous Sunday morning. In the last case, although the murderer was known, _no steps had been taken for his arrest_; and to crown the whole, it is actually stated in so many words, that the City guards are not permitted, according to their instructions, to patrol the Levee after night, for fear of attacks from persons employed in steamboats!”
The present white population of Louisiana is but little more than that of Rhode Island, yet more appalling crime is committed in Louisiana _every day_, than in Rhode Island during a year, notwithstanding the tone of public morals is probably lower in the latter than in any other New England state.
TENNESSEE.
Tennessee became one of the United States in 1796. Its present white population is about seven hundred thousand.
The details which follow, go to confirm the old truth, that the exercise of arbitrary power tends to make men monsters. The following, from the ”Memphis (Tennessee) Enquirer,” was published in the Virginia Advocate, Jan. 26, 1838.
”Below will be found a detailed account of one of the most unnatural and aggravated murders ever recorded. Col. Ward, the deceased, was a man of high standing in the state, and very much esteemed by his neighbors, and by all who knew him. The brothers concerned in this 'murder, most foul and unnatural,' were Lafayette, Chamberlayne, Caesar, and Achilles Jones, (the nephews of Col. Ward.)
”The four brothers, all armed, went to the residence of Mr. A.G. Ward, in Shelby co., on the evening of 22d instant. They were conducted into the room in which Col. Ward was sitting, together with some two or three ladies, his intended wife amongst the number. Upon their entering the room, Col. Ward rose, and extended his hand to Lafayette.