The native American., 1838-11-17

ty of this law and had the good sense to pass It;
and we have seen above the first fruits OF It's
operation, at the proof of its utility, and the
condemnation of its opposers. We also see'
what might have been, and no doubt was, expect
ed by every body, that foreigner-an Irishman-
was the first aggressor; and it may be safely
affirmed that, but for foreigners there would have
existed no necessity for such law.
This was an aggravated offence, violating the
act of Assembly in every particular, and there
fore deserved the highest penalty; not only so,
but it was double oIence-one act was perpe-
trated in the morning and the other in the even
ing, and ought therefore to have incurred double
penalty in both hkinds-imprisonment and fine.
The latitude allowed to the discretion of the
court was, in regard to the fine, from one to five
hundred dollars the term of Imprisonment was
fixed at three months. We are at a loss to know
what consideration (for that of its being ''the first
offence tried under the law" we think is INSULT
ccnt,) influenced the court to innict the minimum
penalty. 1t is sound maxim that the punish
ment should be in proportion to the crime There
are cases, however, which, from the nature of
the crime, no equal punishment can be in
nicted and this is one. What would compen-
safe for the loss of the elective franchlse?,! Let
Americans answer the question-et the Judges
own remarks answer it where he SAYS in pro-
nouncing sentence, "the testimony advanced by
the defendant is entirely negative and opposed
by the positive testimony of witnesses, who saw
McCuthen shove the man down, and heard him
declare he should not vote. Every man should
be protected in his right to vote Here is ma
tive citizen coming to vote, and foreigner says
he shall not-the Legislature, to guard the rights
of voters, had passed special act for the punish
mcnt of persons interruptny that right. Boyce
man has the right to express his opinions
II IS cain to talk Of liberty and freedom, Of opin-
ION, ypersons are to be precented from erercis-
ing their right to cote. ind 1t IS the interest
of epery ma, IN the community TO hola mp his
hands against such conduct. ysuch practices
arc permitted, arc shall no longer possess those
glorious institutions zohich the newspapers
throughout The country are so fond IF holding
up to the admiration Of the scorlu. The Legis-
aturc has cndeavored to protect every man in his
royal 1--WE would say republican, prerogative OF
voting" The glowing colors in which the Judge
has painted the sacred right of voting, needs not
the feeble aid of our pen, and bears us out in the
assertion that the criminal ought to have been
punished for two distinct ohences--to have suf-
lcred the maximum penalty of the law-and in
stead of Imprisonment for three months, and a
fine of one hundred dollars, it ought to have been
sic months imprisonment and one thousand dol
lars fine. If the penalty were not intended to be
proportionate to the crime, why did not the Le-
gislature make it fixed sum! If this be case
deserving the lowest punishment only, we should
be glad to know what sort Of case, in the opn-
a worse case could no, occur, the minimum pen
atty could never be inflicted, hence the law, to
that extent is a dead letter, and its administration
is virtual charge Of folly against that body, or,
in other words, a mockery.
Our greatest surprise is that the defendant did
not procure evidence to prove his innocence and
implicate the other in the guilt. For, had not
former successes in playing the same game in
spired him with the confidence of impunity, there
is not question that his whole clan would have
backed him by their oaths, and have given tri-
umph by numbers.
We hope it will not be long before every city
and district, every county, in every State through
out the Union, may have Registry Law, and
that the next National Legislature may abolish
the laws of naturalization, and forever cut off all
foreigners from the right of suffrage which they
have so shamefuy abused. This would obvi-
ate one occasion at least for leagues of foreign
rebels, rioters, dsorganizers and mobiles to break
the peace, beat off native born voters, defy the
civil authority, mock sacred rights, insult the
majesty of the law, impair the morals and dis
grace the community and country whose mis-
placed benevolence has tolerated their acts.
| AS both parties have come out in condemna.
-, of c.,uluept yotinU and the ILLEGAL and mis-.