The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-11-17

MURDER NOT MURDER-AND rARRIClDE
ONLY HOMICIDE IN THE SECOND DECREE.
We have been accustomed to regard murder
as an I" unlawful killing" and parricide as an
almost impossible monstrosity. And murder,
we supposed, is a positive unlawful killing.
We did not imagine there could be negative
element in it. If there be an "unlawlul Kill
ling" with malice prepense, it is murder; and
the act cannot be more or less than murder.
If there be no deliberate, premeditated, unlaw-
| full killing, then there is no murder But IT
there be all that then there is murder, and the
act is punishable by death, according to the
express injunctions Of law, human and di-
vine.
| William Stewart was tried early lin this
month, in the Baltimore city Court, Tor the al
legged murder of his father. According to the
Judge who delivered the sentence of the
Court, !" the testimony ,cas Of decisive cha
racter, and clearly demonstrated the deiibera-
ion and premeditaiion Nth 'rhieh the MURDER
,ras committed" 1t was also proven TO the
satisfaction to the Court that the victim of this
established murder, was the prisoners oicn
father! This then was not only murder, but
murder in its most aggravated relation, and
shocking, and beastly deformty What ex-
pation does the criminal law Of all civilized
nations demand for such barbarity? Death
Certain DEATH Certain, because the iner,-
table execution of the la,r, is as essential to its
purpose, as the manner prescribed by Its
I letter.
But Baltimore jury, by subtlety, whose
reconc iliation to the obligations Of an oath, we
can neither appreciate nor comprehend,dec'ded
this deliberate, premedltated, unlawful killing,
to be only MURDER in the second degree! and
the sentence of the Court accordingly con-
signed the murderer, not to the suitable pun
ishment of death for murder. but to confne-
ment in the pententiary until the goth day
of August, lS56-the. one-twentieth part ofthat
time to be passed in solitary confinement !"
Now murder is murder, or it is not. If muir
der is murder, it is punishable by death. But
this case decides that murder is not murder
that parricide is only homicide in the second
ueSTee, anu ~ IA '"S
penitentiary. If crime Of this positive ma
ture can be reduced to the second degree, why
may it not be reduced ad iafnitum, until it is
whitfield down to just nothing at all !! lfajury
can thus modify and graduate the character of
a fact, which only they try, then there is no
longer any certainty in this mode Of trial, for
it commits prisoners fate to ajury's caprice.
Precisely in point was the case in New Jer-
sey, where, person being convicted of steal
ing horse, the learned jury rendered a ver-
dict of manslaueh ter! We cannot therefore
but regard the state of this Baltimore case,
as dangerous northumberland indeed, and
totally irreconceable with the law and the
fact.
We understand that the Court sustained the
right of the jury to bring in such a verdict
Will any professional character or editor in
Baltimore, bring to blight the law of Maryland
which authorizes such finding
The columns of the Globe are becoming devoted
4. l., In 49, e