"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 punishing 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.
He refused, saying he would shake hands with no such d----d rascal.
The rest answered in the same tone. Col. Ward remarked that they were not in a proper place for a difficulty, if they sought one. Col. Ward went from the room to the pa.s.sage, and was followed by the brothers.
He said he was unarmed, but if they would lay down their arms, he could whip the whole of them; or if they would place him on an equal footing, he could whip the whole of them one by one. Caesar told Chamberlayne to give the Col. one of his pistols, which he did, and both went out into the yard, the other brothers following. While standing a few paces from each other, Lafayette came up, and remarked to the Col., "If you spill my brother"s blood, I will spill yours,"
about which time Chamberlayne"s pistol fired, and immediately Lafayette bursted a cap at him. The Colonel turned to Lafayette, and said, "Lafayette, you intend to kill," and discharged his pistol at him. The ball struck the pistol of Lafayette, and glanced into his arm. By this time Albert Ward, being close by, and hearing the fuss, came up to the a.s.sistance of the Colonel, when a scuffle amongst all hands ensued. The Colonel stumbled and fell down--he received several wounds from a large bowie knife; and, after being stabbed, Chamberlayne jumped upon him, and stamped him several times. After the scuffle, Caesar Jones was seen to put up a large bowie knife. Colonel Ward said he was a dead man. By the a.s.sistance of Albert Ward, he reached the house, distance about 15 or 20 yards, and in a few minutes expired. On examination by the Coroner, it appeared that he had received several wounds from pistols and knives. Albert Ward was also badly bruised, not dangerously."
The "New Orleans Bee," Sept. 22, 1838, published the following from the "Nashville (Tennessee) Whig."
"The Nashville Whig, of the 11th ult., says: Pleasant Watson, of De Kalb county, and a Mr. Carmichael, of Alabama, were the princ.i.p.als in an affray at Livingston, Overton county, last week, which terminated in the death of the former. Watson made the a.s.sault with a dirk, and Carmichael defended himself with a pistol, shooting his antagonist through the body, a few inches below the heart. Watson was living at the last account. The dispute grew out of a horse race."
The New Orleans Courier, April 7, 1837, has the following extract from the "McMinersville (Tennessee) Gazette."
"On Sat.u.r.day, the 8th instant, Colonel David L. Mitch.e.l.l, the worthy sheriff of White county, was most barbarously murdered by a man named Joseph Little. Colonel Mitch.e.l.l had a civil process against Little. He went to Little"s house for the purpose of arresting him. He found Little armed with a rifle, pistols, &c. He commenced a conversation with Little upon the impropriety of his resisting, and stated his determination to take him, at the same time slowly advancing upon Little, who discharged his rifle at him without effect. Mitch.e.l.l then attempted to jump in, to take hold of him when Little struck him over the head with the barrel of his rifle, and literally mashed his skull to pieces; and, as he lay prostrate on the earth, Little deliberately pulled a large pistol from his belt, and placing the muzzle close to Mitch.e.l.l"s head, he shot the ball through it. Little has made his escape. _There were three men near by when the murder was committed, who made no attempt to arrest the murderer_."
The following affray at Athens, Tennessee, from the Mississippian, August 10, 1838.
"An unpleasant occurrence transpired at Athens on Monday. Captain James Byrnes was stabbed four times, twice in the arm, and twice in the side by A.R. Livingston. The wounds are said to be very severe, and fears are entertained of their proving mortal. The affair underwent an examination before Sylvester Nichols, Esq., by whom Livingston was let to bail."
The "West Tennessean," Aug. 4, 1837, says--
"A duel was fought at Calhoun, Tenn., between G.W. Carter and J.C.
Sherley. They used yaugers at the distance of 20 yards. The former was slightly wounded, and the latter quite dangerously."
June 23d, 1838, Benjamin Shipley, of Hamilton co., Tennessee, shot Archibald McCallie. (_Nashville Banner_, July 16, 1838.)
June 23d, 1838, Levi Stunston, of Weakly co., Tennessee, killed William Price, of said county, in an affray. (_Nashville Banner, July 6, 1838_.)
October 8, 1838, in an affray at Wolf"s Ferry, Tennessee, Martin Farley, Senior, was killed by John and Solomon Step. (_Georgia Telegraph, Nov 6, 1838._.)
Feb. 14, 1838, John Manie was killed by William Doss at Decatur, Tennessee. (_Memphis Gazette, May 15, 1838_.)
"From the Nashville Whig."
"_Fatal Affray in Columbia, Tenn_.--A fatal street encounter occurred at that place, on the 3d inst., between Richard H. Hays, attorney at law, and Wm. Polk, brother to the Hon. Jas. K. Polk. The parties met, armed with pistols, and exchanged shots simultaneously. A buck-shot pierced the brain of Hays, and he died early the next morning. The quarrel grew out of a sportive remark of Hays", at dinner, at the Columbia Inn, for which he offered an apology, not accepted, it seems, as Polk went to Hays" office, the same evening, and chastised him with a whip. This occurred on Friday, the fatal result took place on Monday."
In a fight near Memphis, Tennessee, May 15, 1837, Mr. Jackson, of that place, shot through the heart Mr. W.F. Gholson, son of the late Mr.
Gholson, of Virginia. (_Raleigh Register, June 13, 1837_.)
The following horrible outrage, committed in West Tennessee, not far from Randolph, was published by the Georgetown (S.C.) Union, May 26, 1837, from the Louisville Journal.
"A feeble bodied man settled a few years ago on the Mississippi, a short distance below Randolph, on the Tennessee side. He succeeded in ama.s.sing property to the value of about $14,000, and, like most of the settlers, made a business of selling wood to the boats. This he sold at $2.50 a cord, while his neighbors asked $3. One of them came to remonstrate against his underselling, and had a fight with his brother-in-law Clark, in which he was beaten. He then went and obtained legal process against Clark, and returned with a deputy sheriff, attended by a posse of desperate villains. When they arrived at Clark"s house, he was seated among his children--they put two or three b.a.l.l.s through his body. Clark ran, was overtaken and knocked down; in the midst of his cries for mercy, one of the villains fired a pistol in his mouth, killing him instantly. They then required the settler to sell his property to them, and leave the country. He, fearing that they would otherwise take his life, sold them his valuable property for $300, and departed with his family. _The sheriff was one of the purchasers._"
The Baltimore American, Feb. 8, 1838, publishes the following from the Nashville (Tennessee) Banner: