The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-05-31
From the Boston Courier.

From the Boston Courier.
The annexed remarks from the London Morning
be appropriate Their application is proper here as
in England, though, perhaps, 1t might be hbelous TO
discriminate and apply
sWe have often thought that the tenderness shown
by our law presumed criminals is AS injurious as
is Inconsistent and excessive. A miserable beggar,
nettv rioter the wretch who steals loaf to satisfy the
cravings of his hunger roughly seized closely ex
ahmed and severely punished meanwhile the plain
common of our mobs, If not OF our magistracy
has pitied the offender, and perhaps acquitted him.
But let some apparent murderer be caught, almost In
the fragrant deed of his atrocty let him, to the best
of all human belief, have killed, dlsembowelled and
dismembered-.e him have united the GOODNESS OF con-
summae craft to the boldest daring of inlquny; and
straightway (though the generous crowd may hoot
and hunt the wretch with yelling execraon) he finds
in law and lawyers refuge, defenders and apologiss.
Tendery and CONSIDERABLY is he cautioned on no ac-
count to crimnate himself; he is exhorted, even by
Judges, to withdraw the honest and truthful plea OF
ftguiIty-now the only amends which such an one
can make to the outraged laws of God and man:
he IS defended even the desperate length of maig-
nant accusation of the innocent, by learned men,
whose aim it is to perver justice and screen the gull
ty he is lodged and tended with more circumstance
Of outward comfort and consideration than ne proba-
by has ever experienced in all his life before and If
notwithstanding the ingenuity of his advocates, and
the merciful CLOSES Of his judge, simple minded
British Jury capally convict him, and he handed
over to the execuoner he still finds plous gentlemen
ready to weep him in his CELL and titled danes to
send him white cameas to upon his heart when
he is haning.
Now what is the necessary consequence of this but
a mighty or fearfully influential premium on crime
And what is its radical cause, but the absurd ndu-
oence wherewith our law greets the favored, because
The atrocious, criminali Upon what principle Of
nropriety, or of natural justice, should seeming
murderer not be-we will not say sternly, but even
kndlycatechised and for his very souls sake coun-
seed to confess his guilt Why should the morale
of evidence be so thoroughly lost sight Of and male
factor who is ready to acknowledge crime, or unable,
when questioned to conceal it, on no account be lis
tened to- lest he may do his precious life irreparable
harmi 1t is not agonized repentance or incidental
disclosure that makes the culprit his own execu-
toner but his crime that has preceded 1t it is not
the weak avowing tongue, but the bold and bloody
hand.
We are unwilling to allude specifically to the
any recent maefacor in connection with these plain
remarks for in the absence alike of hindered vo-
mntary confession and of incomplete legal evidence
we would not prejudge-that is, prejudice case
Rut we do desire to exclam against any further ex
b;biou of that morbid tenderness wherewith all per-
sons are sure to be treated if only they accused
of enormies more than usually disgusting; and we
specially protest against that foolish, however an
cient rule i'm our criminal law, which discourages
and rejects the sIenderest approach to confession,
while It has sacrificed many an innocent victim to the
uncertainty of evidence, supported by nothing more
safe than outward cTcumstantials'