Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1819-12-18

Rave agreed to recommend "that he De
4ehrimanded by the court" The learn
y ed court at first appeared to have some
doubts (T beg their honors' pardon) as to
the manner in which this retrimand was
70 be carried into execution; whether by
stripes, putting the prisoners head in
the fence Ca North Carolina substitute
for stocks) or otherwise. That great
luminary of criminal law, the Digest,
was produced and critically examined.
To the CONSERVATION OF the court, and
to the disgrace of our law givers, no
provision was to be found The court
finally concluded to be governed in this
difficulty by the common acccptatlon and
meaning OF the word 5rehrimand," as
defined by Walkers Dictionary; and
poor Walker, who had always been con-
sidered as feucea5ie and as innocent a
book as any one in Christians library,
was dragged into court on suspicion of
containing criminal words and he4Qk de-
fnitions! The definition of rehrimand
was found to be "to reprove." After
consultation, tha learned Chief Justice,
il very solemn and impressive man
ner, pronounced the opinion otthe whole
court. After expatiating on the law,
and on the evil tendency of permitting
persons I" in like cases offending" to es-
cap punishment, he declared 3" that it
was tic unanimous opinion of the court
thai tie Constable do take the said To-
Eer to some convenient place, and there
zetrimand the said Toney, by giving
him thirty-nine lashes on his bare back,
wen laid on 1t is very true, that Mr..
Z. the counsel for the prisoner, stated to
the court, that as the jury had found him
NOT guilty of the charge on which he was
arraigned, they were bound to discharge
him; and that 10 punish him in this
manner was illegal, extra judicial, and
oppressive. But, the Chief J'.5tice very
conclusivcly answered, that as "rc-
prove" meant punishment, and as the
punishment of slaves for offences not
capital was thirty-nine stripes, it was
very clear that "rehrimuad" meant
thirty-nine stripes; and at the same time
gave Mr.. p such half squirting sig
niicant look as if he would say, "what
the d. can you say now, MIR. p. p
However, in this instance, Mr.. P. like
GoIdsmith's school master, who,
"Though confounded, he could argue still''
was about to renew his argument, when,
as if the very wig and gown Of my lord
Coke had descended upon our worthy
Justice, he assumed such awful gravity
"as were damnable to tell" and at the
same time cast such a portentous frown
OH the pate Of DIR. p. as very clearly sa-
tis6ed Kim, that unless he relinquished
his argument, the jury would be charged
to recommend him also g to be repri-
nandcd by the court" It was certain
" outragcously uncivil in Mr.. p to at
Tempt to overturn the argument of the
Chief Justice, which it must be allowed
was bomb flroof; but this was not the
only insult offered to the court during
this important trial: for, at the very
moment when the sentence of the court
was pronounced, as if
-" that ideot laughtcr'-who
--A-f' strains mems checks to idle merri-
ment"--
had played the ID with phizzes, every
person in court laughed incredibly +!
while, it is said, the Chief Justice
-" from his horrd hair
Shook pestlence and war ~
But there is some doubt about this, for
be was bound by his oath of office to keep
the peace. Even the constable refused
to execute the sentence without writ
ten order, (Which was granted of course,
because, forsooth, Mr.. P. had threatened
that, if he punished the negro without
such order, he would prosecute him,
and that if the court gave such an order,
he would bring suit against them in IA
yor Of the owner of the slave. Indeed,
it is said that suit is actually commenced,
with malicious intent to commute re-
trimand and strites, into cash--an in
tent, no doubt, which the court, on the
authority of Walkers Dictionary, will
pronounce to be wiIful and corrupt
sorgery.
KAsKAsKIA, DEC. IS.
The Supreme Court of this state,
commenced its second session in this
"A I