Volume III Part 69 (1/2)

Nicolet, blew out his brains. Yesterday, the unfortunate George Clement destroyed himself in his cell; and in addition to this dreadful catalogue we have to add that of the death of two, brothers, who destroyed themselves through grief at the death of their mother; and truly may we say that 'we know not what to-morrow will bring forth.'”

The ”Louisiana Advertiser,” as quoted by the Salt River (Mo.) Journal of May 25, 1837, says:

”Within the last ten or twelve days, three suicides, four murders, and two executions, have occurred in the city!”

The ”New Orleans Bee” of October 25, 1837, says:

”We remark with regret the frightful list of homicides that are _daily_ committed in New Orleans.”

The ”Planter's Banner” of September 30. 1838, published at Franklin, Louisiana, after giving an account of an affray between a number of planters, in which three were killed and a fourth mortally wounded, says that ”Davis (one of the murderers) was arrested by the by-standers, but a _justice of the peace_ came up and told them, he did not think it right to keep a man 'tied in that manner,' and 'thought it best to turn him loose.' _It was accordingly so done_.”

This occurred in the parish of Harrisonburg. The Banner closes the account by saying:

”Our informant states that _five white men_ and _one_ negro have been murdered in the parish of Madison, during the months of July and August.”

This _justice of the peace_, who bade the by-standers unloose the murderer, mentioned above, has plenty of birds of his own feather among the law officers of Louisiana. Two of the leading officers in the New Orleans police took two witnesses, while undergoing legal examination at Covington, near New Orleans, ”carried them to a bye-place, and _lynched_ them, during which inquisitorial operation, they divulged every thing to the officers, Messrs. Foyle and Crossman.”

The preceding fact is published in the Maryland Republican of August 22, 1837.

Judge Canonge of New Orleans, in his address at the opening of the criminal court, Nov. 4, 1837, published in the ”Bee” of Nov. 8, in remarking upon the prevalence of out-breaking crimes, says:

”Is it possible in a civilized country such crying abuses are _constantly_ encountered? How many individuals have given themselves up to such culpable habits! Yet we find magistrates and juries hesitating to expose crimes of the blackest dye to eternal contempt and infamy, to the vengeance of the law.

”As a Louisianian parent, _I reflect with terror_ that our beloved children, reared to become one day honorable and useful citizens, may be the victims of these votaries of vice and licentiousness. Without some powerful and certain remedy, _our streets will become butcheries overflowing with the blood of our citizens_.”

The Editor of the ”New Orleans Bee,” in his paper of Oct. 21, 1837, has a long editorial article, in which he argues for the virtual legalizing of LYNCH LAW, as follows:

”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!!”