Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-06-01

one redeeminr feature, in either of your cases.
In the hours of your deepest Distress, no human
heinz could be found who would peril his soul
by his testimony in your favor. and no jury
would have acquitted you, without afixing to
their own characters a stain approaching to the
hue which they would nave eiiaced from yours. No
Al tentative was left them but to obey or vio-
late the laws of the country. to perform their
duty in enforcing them, or leave you free to re-
new your depredations with impunity. The
Court have well grounded reasons for believing
that your past history affords little else than :
list of crimes-that the punishments inflicted on
you for past offences have failed IN the effect
hoped and intended, by the mild and humane
spirit in which our criminal laws are founded
that example has been disregarded and refor-
nation become hopeless-that impunity for the
past has emboldened you in the commission OF
new crimes, and that humanity to you would be
cruelty to the innocent, unofending, unpro-
tected victims Of your future avarice or revenge.
There is time when humanity to prisoners is
the high and imperious duty OF all concerned
in the administration OF criminal justlce-itl is on
their trial, to impart to them the full benefit OF
that bright and noble principle of the common
law, which considers every man innocent TIL
his guilt is proved beyond all reasonable doubt;
whose rules apply alike to every one accused,
high or low, rich or poor, good or bad. Every
security which the constitution or laws have
thrown around innocence, every possible means
of defence which could have been allowed to
individuals of the most unblemished reputation,
or most exalted stations in society, have been
acceded to you. Able counsel. process for wit
nesses, time for preparation. an impartial, intel
ligent. upright Jury, free from legal exception or
- k@,on ,nr,cto 4 nacnuit if tbov
doubted of your guilt, ~solemnly cautioned to act
under no influence which did not arise from the
evidence, and fully advised of their power as to
the law, twenty-four of your fellow-citizens have,
under the most solemn obligations which
man can owe to his fellow-men or his God.
pronounced YOU guilty. But the humanity of
the law has not stopped here;-on a motion for
a new trial, your cause has been before the court
again on its merits, and on a motion in arrest of
Judgment on the form of the official accusation
presented by the grand jury. Had the able
arguments and laborious researches OF your
counsel, or our own reflections, led US to en-
terrain a rational doubt of the correctness of
any opinion we expressed during the trial. in
our charge to the jury, or even as to thetorm
Of the indictment. you have had the full adj
vantage of thoae doubts by a new trial. But
no doubts have clOuded your case; no shadow,
was thrown over the minds of the jury which was
connected with the evldeGce, there existed no le-
cal or technical subtlety which would justify the
court in setting aside or a~rresting the conse-
quences of their verdict. We had only to de-
eide whether your trial should terminate in the
vindication of the offended laws of the nation, or
the triumph of acknowledged guilt. referring
the close of your sad career for the commission of
some act of still blacker and more complicated
%atrocity, at the thought of which humanity shud-
ders.
Your counsel have declared that they have no
further reason to offer why the sentence of the
law should not be pronounced upon YOU, and
none exists in the mind of the court. The safe
ty of our citizens requires-puhllc justice de-
mands. our Judgment. awful and dreadful as tits;
our duty and our oaths compel us to render 1t.
| Tie humanity of the law has reached its end: its
doors of mercy are forever closed to Won ill this
court; your days are numbered, aud YOU must
soon die the death o~ffelons, unless there is found
elsewhere an arm stretched forth to save YOU
from a fate which cannot we avert-a hope which
We most s%olemnly caution you not to indulge.
Much as we admire the mildness of our Grim
inal code; opposed as we are to capital punish
ments, where the peace OF society and the secu-
rItv to the lives of our citizens do not imperi-
ouslv exact them, We should have much cause to
question the Justice or wisdom of the national
legislature if, in their opinion, such a scene as
has been disclosed on your trial, did not call
for the highest punishment. An a~trocious crime
deliberately planned; deadly weapons cody pre-
pared for its execution; the crime committed in
the dead of night: the public mail robbed and
pIuudered. the life of the driver threatened. with
pistols directed at his person, and in the hands
of men ready to execute the most horrid purposes;
presents a case at which even the enthusiast in
philanthropy must pause. Even murder may
have its palliatives, when committed under the
excitement of passions, which the laws may
condemn. but for which, those who administer
them may be excused the indulgence of some
feeling of commisseration; but for those who in
cool blood resolve on a desperate offence, under
the instigation of no passion but for plumber,
reckless of the innocent lives that its qualification
may cost, false humanity alone has a tear. 1t is
a wise and Just law that dooms such offenders to
atonemcnt by their iives-shey justly forfeit
life by such offences, and ST the laws have Or
dained. Our only remaining duty, is obedi-
ence to it's commands.