The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-10-13
Webb Pleaded Guilty.


entered plea of Guilty to the indictment recently
found against him by the Grand Jury, for leav.
ing this State, with the intention Of receiving
or giving a challenge" The punishment for
the offence, under the statute is Imprisonment in
the State Prison for term not less than two years,
nor more than
He rose and read the following special plea,
which had been previously placed in type at the
office of the Courier.
The District Attorney said that he should move for
judgment in the case on Tuesday next, at which
time the Court said that they should pronounce
sentence.
Webb intends to apply to the Governor for mme-
date pardon, and we understand that petitions
already in circulation for that purpose
MAY 1T Please THE CouRr:-
am well aware of my right to plead the general 10
lin answer to this arragnment for act which the
Era
that admit the truth of the alleged offence should
" which, q
Court must of necessty award the punishment which the
But may be permitted to remark that whilst the law
recognises in Statute Books constructive crimes the
period has not yet arrived when in the estimation Of an
enlightened people visit upon the citizen construc
tive ignominy. is the offence which have committed
agansth the law, and not the law ITSELF which take
ty which in the Judgment Of the world may have scqur
ed is the nature ofthe crime and not the character Of
the punishment which the law awards 1.-THE act itself
and not the convct's cewhch in the judgment Of hon
est and honorable will forever determine the
Of disgrace enaled upon for the
mission OF the act for which am arragned at the bar
ofjustce, and in relation to which have alternative
but frankly and fully to admit my offending
am not ignorant Of the Laws mercy in presuming
every innocent until jury Of his Peers shall have
passed upon and proclaimed his guilt But it does not
to believe would not with that line Of CON.
duct which have uniformly endeevored to pursue were
shrink from the full responsibility of any OF my acts
whatever may be the consequences they entail
To proclaim myself not guilty" of the act for which
now arragned constitutes therefore, part Of my
intentions and am alike prepared to admit the truth OF
the charge upon which am arragned and to meet the
punishment which the law imposes Yet stand not here
the advocate Of Duelng and hazard nothing in saying,
that most individuals who engage in Duel, do with
uctance, and from deep of injury in obedience
the opinions Of that society which they constitute
part need tell YOU that this ersally pro-
nounced barbarous practice" not only the offspring
of civilization but even in our own country il encour-
aged countenanced and under certain circumstances,
rendered absolutely necessary by that class of fellow
citizens whose opinions are entitled to- and will ever re-
mental culture and the responsible positions which they
| occupy
and public opinion has, least until recently demanded
of men occupy ing prominent positions in life and par
culary Of the officers OF the army and navy ready &C.
quiescence in the requirements of the code honor
lot to enter the at an early age and on re-
as aSd S e
roneousy to abide by those principles end practice up
on those precepts which had constituted my rule OF ac
| ton in the military profession.
frank and fearless discharge of my editorial duties
has been the consequence and are all liable to err
ror, mine have doubtless been frequent and numerous
not the least important Of which, in the eyes ofpoicans
my uniform custom OF speaking OF public men and their
ting my language by consideration Of prudencs or being
guided in praise or censure by the dictates and re-
Ihave said that brought with me into civil life the in
tenton practice upon those which had been
my guide as military and prominent among these
sponsibls for Whatever published in relation
individuals had not only recognized the principle Of
personal responsibility while in the army but had on
than one OCCASION prsctised upon and this fact
being notorious candid cannot fail to perceive that
Congress meeting which has led to my present
had alternative but to yield to the call
suffer in the estimation Of the great majority Of those
whose friendship and good opinion most anxious to
retain.
But the Grand Jury charge that have offended against
the law Literally speaking, this cannot be denied; but
may well question the moral right Of any body Of men
presenting this community. attempting to revive against
Courts and the studied neglect Of every Grand Jury which
has convened in this city since s enactment have vir-
tually proclaimed to be dead letter. lit wa. their duty
to do IL greatly to be regretted that all the Grand
Jures which have preceded them, should grossly have
doing Land snare aor the un vary by exposing them to
the malice Of set Of who pretending their superior
the law can be brought to shield them from an honest
| public indignation.
times stronger than the law; and need offer better
evidence Of this than the we'll known fact that long
na as SaPs been in
immediate vicinity Of this city am the 6rst and only per
tempted to be enforced And trust it will not be con.
dered prssumpuous in direct your attention TO the
and nson in connection ' with Ills practice Look into
Legislative Halls; examine the annals OF our learned
professions. enquire into the psr.Onsl history Of our
State; 20 to the Bench itsef-and what II more, APP
prosch' even the Sacred Book, and you will find in
each and every Of the distinguished classes have named
and in every walk in e men who have openly offended
in this regard; and in consequence the law by the stud
Jsres and our people at large has heretofore
considered adead letter. And would respectfully in
enforce upon csnSsrs the Of this law
become subject to ts Penste. and put upon my deenee
by the very body which has heretofore permitted It to Dc
under such there is either Justice or pro-
| priety in enforcing in provisional
need not remind you that the offences against this law
have been very numerous and that in very many in
the lives of of most useful and estimabc
fellow citizens have sacrificed to practice which,
in my person. about to be proclaimed crimes and yet
where the instance Of arragnment and punishment LOT
bunals and you will look in vain for any previous
ragnment of this character but turn from the record to
the Court ITSELF and you will there md appointed to al,
minister this very law who had repeatedly offended
against its provisons1 Never the much Wanted
GLORIOUS eeranes of the law" more strikingy appa-
than this instance; but when this uncertainty in
wolves the liberty of the citizen, becomes oppressive and
dangerous. When the law is administered either hero
elsewhere entrap the unwary into its meshes,
there must be something wrong in the organization OF our
Juries and the practice Of Courts and when the Grand
Inquest Of the City and County OF New York can, how
unntentonally their part be converted into an
instrument of oppression Is quite time that the same
public opinion which compels the offence against the
law should shield the offender and severely rebuks all
those who from selfish and wicked motives and without
notice seek thus revive the penalties of long neglect
ed and virtually obsolete statute.
Had taken the life Of valued citizen, exhibited to-
wards my adv ersary a savage and malignant purpose
and in consequence did public opinion and sound pub
lie feeling demand my punishment think know my self
sufficiently well to warrant the declaration that should
have entered the same plea OF guilty which nov au
save myself the penalties offs law thus unexpectedly
think unjustly revived for other than good and
patriotic purposes But this h not the And while
do not pretend deny that left this State for the
purpose Of fighting duel with the Hon. Thomas T. Mar
shall there are those who will bear witness that utterly
refused 10 sanction any which would give