The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1842-06-02
Erom the National Lntellieencer.

1872, is An Essay on the Civil Law, by
n Lawyer of North Carolina" which IS
creditable to the taste and learning Of the
author. But on page 25l Of the work,
observe the following note on certain
passage 10 the essay by the editor:
Peine forte ct dure.--Uness recently amend
cd, this dreadful Judgment is to this day requr-
cd by the laws of North Carolina. For, If we
mistake not, the terrible sentence of petns forte
Ct dare was inflicted by one of her courts only
few years ago. When the prisoner was arraign-
ed for trial he stood mute, and refused to plead
either guilty OF not guilty. Whereupon he was
laid on his back upon the bare floor OF the court
house, great weights, as great, ard greater, than
he could bear were placed upon his body, and Ia
this condition he was fed with diteh-water from
a spoon until he died. We challenge the uni
yersal jurisprudence of modern Chrstendom TO
out IIerod this. We call upon our correspondent
and every other friend of humanity, TO use their
influence in erasing from the statute book of the
good old North Stalu this disgraeeful and barbar
Gus penance."-E Editor. Southern Literary Mes
seEsee
That an editor at the Capital of Virgin
ia, distant not more than ten or twelve
hours travel from that OF North Carolina,
and with a copy of the Statutes Of the lat
ter State at leas, as near to ham as the tx
ecutiye office in Richmond, should have
ventured upon statement so uncailed tor,
and so unlounded, in publication aspiring
to a higher character for candor than the
ordinary newspaper press--a statement,
than which Hall, Trollope, Marrya,, ct ID
oHlEe genus, have put forth calumny on
our country SO ridiculously extrayagant,
is certainly matter to be regretted by all
the lovers Of that literature to which the
Messenger processes 10 be devoted. Had
the editor deigned to consult The first VOL
ume of the Revised Statutes of North Car
DINA, which reduces into but little more
than 600 pages the whole body of her pub
lie statute law which is now in force, from
Magma ChQrtG of Great Britain until the
year 1887, be might at least haya pared
, his appeal TO the 90 friends Of humanity to
use their influence in eTasing a barbarous
provision from her statute-book. he will
there neither find the peine forte ct dure OF
. three centuries ago, nor any thing which
even barbarian could mistake for it,
, But, on the contrary, an express provision,
, that if any person arraigned shall stand
mute, Of malice, or viii not answer direct
to the indictment, in every such case II
shall and may be lawful for the Court to
, order the proper officer to enter plea Of
) not gully Oh behalf Of such person ;sand
the plea so entered shall have the same
, force and effect as if such person had ac-
tuaIy pleaded the same"
The readers OF the Messenger who may
j chance to read this will Judge whether the
; code Of North Carolina IS wanting in hui
. mainly, or the editor Of the Messenger IN
accuracy of information on a subject which
he volunteers to illustrate. This provls-
: ion, it is true, was inserted in the Rcylsal
) of $50 for the first time. But it was not
. then inserted the old doctrine of peiHe forte
$ ct dure had ever prevailed in the state.
Al s,,eif s s.ae and parts OF the common
@ fore in force and use in the colony, and al
: were not inconsistent with the new form Of
government, were adopted By act Of the
] General Assembly in l777. But there is
S no history or tradition OF the existence Of
I this barbaris,n, ain force or use, at any
5 time IN the colony, and it is manhestly in
J consistent with certain declarations in the
Bill of Rights, which forms a part of the
: Constitution, adopted in 1916. II there.
fore never had foothold in her criminal
{ law. And with an acquaintance somewhat
familiar with the Reports Of cases decided
in her Courts, which reach back nearly to
5 the period Of tie Revolution, and with a
: personal acquaintance with, believe, ey.
cry professional man in the State now liy-
ing who has been at the bar for as much
as FIVE years, haze never read or heard
OF any incident in the proceedings of those
Courts which could furnish even a sugses-
ton for the tale of atrocity which is told
with so much mInuteness, and dwclt on
with such holy horror BY the editor Of the
Messenger, as having been realized Sin
, one Of the Courts Of North Carolina only a
/, few years ago, d tale which, iftruc, would
degrade North Carolina Judge below the
level Of a Scraggs or Jeiiries, exhibit her
unsurpassed system OF enlightened jurls-
, prudence as no better than that of our En-
glish ancestors in the worst times Of feudaI
despotism, and her free and gallant people
as not only patient spectators, but the rea-
, dy and willing instruments Of most cruel
and savage murder.
SO sheer and basoless a fabrication is
hardly to be found in the adventures Of
Munchausen. Yet the story is told with a
precision of description which might almost
indicate personal attestatlon, and more
IN sorrow than anger. The unlucky cuI-
prlt having been " arraigned, stood mute /;
whereupon he was laid on his back upon
the bare floor, great weights--as great,
and greater, than he could bear-were
! placed upon his body, and in this condition
he was fed with clearwater from spoon
TIL he died" This last idea of the ditch.
water is | think, refinement on the old
mode OF torture, and apprehend has no
precedent in the year books. 1t was prob.
ably suggested to the writer by some Of
the incidents which hiGforu rncor1s nc NJ