The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-03-10
RemOnstrance OF Mr.. Arnold against the
Bill for the IS Punishment OF seduction"
before the Legislature.

To the Hon. the Legislature of the State of Ne,c
York, noU in Session.
Your memoriallst, citizen OF P0ughKeepsle,
and a constituent of the Duchess Delegation,
would respectfully represent TO your honorable
body, that he has seen, through the medium OF the
public prints, that bill " To punish Seduction and
Adultry as crimes, and for other purposes" has
been presented to the consideration and approval
of your honorable body, and which bill appears TO
have been formed IN accordance with the prayers
con your loaded table, "emana;lng IRON "numer'
Gus, vlrtuOus and estlmable class OF cltZens,
majority OF whom are females.
In the details OF said bill, the attention OF your
memorialist is forcibly arrested by Its one-sided
and partial characters Wherein the male Is proposed
to be totally dsarmed, and the female clothed
with an oppressive and dangerous power over hum
severe penalties are proposed to be inflicted ON the
seduclng male, whilst that OF the seducing female
appears to have entirely escaped the vlgilant care
OF your honorable committee in forming the bill.
To this partial feature of the bill, (withont impun
ing the motives of any,) your memoriast would
beg leave to demonstrate
The crime complained of, if it be crime, must
be committed by both male and female conformity,
and both should be held equally liable, and to stand
confronted, that justice may ascertain between the
seducer and the seduced, or whether the seduction
would prove to be mutual. The law OF Moses
would stone both to death. Also, the damsel taken
to the marriage bed, who was found TO have parted
from her chastity, which his and our law would
protect from violence, was to be retnrned-he be-
ing released from the consequences of the unfortu
nate marriage, and she to be stoned. l. should be
remembered that we have sons as well as dasgh-
ters
Your memorialist would solicit the attention OF
your honorable body to the consideration and pro-
priety of so amending said bill as to embrace
place them on equal footing Your memorialist is
confident that the proprety OF this course will meet
a ready response In the minds of your honorable
body
Has not the seductions Of the female, from time
immemoral, in all ages, been just subject of COM
plant both by "fathers husbands and brothers" and
does not the mothers, wives, sisters and daughters,
need your care IN the bill equally with them. Is i,
not notorious that he, otherwise s'yiruous," is
equally exposed to her seductive wiles wise
man hath said that ga vlrluous woman IS q crown
to her husband" and then exclalms "who can
1t is OF prevalent belief, founded on ancient
chronology, that the first man was tempted, seduc
ed and betrayed from the path OF rectltude by the
first woman and OF consequence entalled misery
that should well deserve his commlsseration, and Of
her Reproduction.
Your memorialist would beg to be permitted
to call the attention of your honorable body. to
few cases, (among the many that might be adduc
| ed) of the mutability OF woman.
Two OF Lofts daughters, by sratagem, COM
mitted seduction and incest with their father
Jacob (called IsraeD the son of Isaac, the OF
Abraham, had twelve SOUS by four women of his
household, and one fthem, Judah, conspicuous
prince In Israel, In an unsuspecting moment, by
seduced by lamar, his daughter-in-law, she dis
guising herself to that OF an harlot. She was
brought forth anon to be stoned, yet was saved by
clemency and pardon.
Anothsr OF jacobs sons-the first born of his ia
vorite Rachel, and his favorite son-Joseph, after
being traduced, and treacherously abducted by
these, his mixed brethren, and sold Potiphar in
Egypt, was sorey beset by the wiles and seduc-
lions Of his masters wife; and for his resistance
| and fidelity, was falsely accused of attempt TO
crime, Of which herself only was guilty, and he
sent to Pharoah's estate prison."
II the quotation in the report of your honorable
committee is worthy of meditation and common,
OF Zone whose graphic pencil drew human nature
| to the llfe," that
"Heaven hath plague like love to hatred turned,
Nor hell fury like a woman scorned."
| then we have the key to Joseph's unjust punish
ment in Pharoah's estate prison." And to the
| formidable power now granted her by your laws
| and to "scorned love" would you weigh gold or
count dollars to sspander to the avarice and Gu
pdity Of ''hellish fury, to bear testimony against
| OF Joseph e, might be virtue Would you not give
| him an equal chance tor justice.
Can 1t be possible, that such discrimination as
the bill provides is the prayer of virtuous women,
who have SO constantly ssloaded your table Z" Has
virtue lost its power! Then let her appeal to the
laws you have already granted her, by which to Sc.
ect her victim. And would you PROSTATE him to
her feet, there to beg that 1t may not be Joseph
Is there not cause to apprehend that this fearful
power is now abused, not by the "virtuous," but
by the avarice and cupdty Of the s'fures OF hell .
orable body for its amelioration? Under such
law as the bill proposes, where could be found the
safety OF trembling man Would she rule supreme
over his degradation? W ould your honorable body
repel man, by fear, from the smiles OF womeE and
in her anger place him victim to her power, and
cast him over to the ''furies of hell"
Are there none of courage to face the violent
torrent and TO repel the taunts and reproaches Of
jealous bgots and to ask tor equal justice for the
criminal, whether male or female, without fear,
favor, or Partially!
Let our frail sons and daughters, equal in the
sight OF God, be taught the benign and lasting
fruits of vrtue-a shield that will defend and repel
the most poisoned arrow-only to be obtained but
by prudence, clrcumspectOn, and perseverance In
the path OF rectltude-yes, conscious rectitude!
"a conscience void of ofence' is pearl of great
prlce-a sDlace that none can give nor take away
an ark OF safety and pillar of hope. Let them also
be warned OF the danger and peril to which they
will expose themselves on the least departure from
this benign and vital principle for to rebel agans,
the convictions of light and truth is partaking OF
forbidden fruit, and ga guilty conscience who can
bear?" We are naked in the sight of Omnipotence,
who, "without respect of persons, judgeth accord
ing to every mans works..
Hence, your .nemoriast would solemnly and
firmly demonstrate against the passage of the bill,
as reported by your committee TO your honorable
body. BENJAMIN ARNOLD.
February II, 1916.
In SUPREME COURT, March 4, lS45.-March Spe-
cia Term.--Mr. Justice Beardscy presiding -
Nisbit ads McCotter Motion to refer granted jordan
ct al Posey. Motion to file of attorney nunc
pro tune, grantedJordan ct al Posey Motion to set
aside the writ Of fe acas Issued in this cause denied
Posey ads Jordan ct al Motion to and aside
judgment docketed in this cause and the fa issued
thereon, denied-van Benschoten impd, &c ads Rusk.
Motion to set aside judgment and execution defend
ant Van Benschoen granted with costs unless certain
conditions complied wth.-Mc Garry ads Hart Mo-
ton to set aside default &C. granted TERMS Griffin
ads Dewey. Motion for Judgment as in of suit
granted by default Bugert ct al Allen Motion for
order that the late sheriff of Oswego execute deed
plaintiffs granted with restrictions by dcfsult-McC lean
ads Fhan ct al Motion TO act aside inquest &C. grant
ed on terms-smith ct al eds Kellogg Motion to change
venue, granted by default.-.La Grange ads. Watson
Motion to set aside inquest SC granted terms the
matter of Cook ct al for alternative mandamus the
Niagara Common Pleas granted parte Carley imp'd
ads Swift ct al Motion set aside execution, &c, de-
MED with osts-Bromaghim vs.. Gorse. Motion to set
aside judgment and to reax costs Ordered that the
ton stand over to next special term in the mean time
costs to be retaxed before taxing officer &cln the
ter Of the application Francis Cory, for certiora
granted parteIn the matter Of the attachment Of the
estate OF Charles NJ Reed ct al, nonresident debtors.
Motion vacate orders and to aside the attachment in
this matter, granted terms.Kingsley Burngame
Motion ex nar naintM have leave file