New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-04-03
THE TRIBUNE.
Punishment of Lfcentionsness.

The Committee OF the /" ho'e' MT; SSUsiL III tnc
chair resumed the consideration VI lne o W punisn
Seduction and Adultery
Mr. SEpGwIcK was against any pecuniary pun
isbment This would deter the rich, and the poor
man uvonld be readily forgiven He would make It I'M.
prisonmept such stain the character as would be
mark OF degradation which, ike the penalty OF Cain,
should follow the man through lie. This punishment
Ia not too great-it should be certain and severe
Mr BEERS did not believe that in the whole range
ofcrme there was one which called forth such indgna
ten as that which the bertinc incts on society He
entering the house OF his friend under the guse OF KIND
ness and sometimes of plotting and etccting the
ruin of sister or daughter finds himself subjected to the
1 taii0nis the law OF violence Brother or iather take
vengeance for themselves and we have seem by the re-
suits in another State that juries have believed them
selves justified acquitts This Is because the law
has not provided punishment and the outraged moral
OF the community has found one ior itseh ns
the law should remedy. It should protect the unoen d.
ing deenceess female and the measure of punishment
should be such would be sustained by public opinion
Mr.. LESTER doubted whether, except in the case
of adultery of seduction accompanied by promise oil
marriage this law could be enforced, and he deemed
law on the book unsusained and unenorced by
public opinion great evil He offered a secton ma
king the cases TO which ne referred punishable as
misdemeanor and confnng the law TO those cases.
Mr JOHNSON did not think hatlegislation on this sub
isct should ever be framed to weaken the guard
which females should keep over themselves.
Mr. VAS ScHooNHovEN was for MEASURES, on this
subject of decided character II nes the punish
ept provided it would result in the OF the poor
man In Imprisonment, for he could not meet the pay
ment In the rich and wealthy what would they
for the extreme limit which the fine is placed by the
bill under consideration Money cannot compensate
for the injury inflicted in such cases. Let the punish
nent be such intmidate. Let the rich mantle
Young gentleman know that 1.-The commits the crime his
Thou sands Of dollars shall not him from going 10
prison-that his wealth cannot him from degra
dation The forfeiture of liberty will be punishment
Mr. " s. did not believe in the policy which prescribed
marriage in all ceses as conformation OF the offence
BY saying that If the parties marry the crime Is obtera
ted marriage would be resorted to- to get rid Of punish
ment only-a perversOn OF its holy purposes. IL mad
been him matter of establishment that the Legislature
had consented year after year to e this SUBJECT pass
without legislation.
Mr.. PORTER thought the Legislature could err by
nhicting penalties that too This would be
provision in our penal code, and penalties were
found too lenen future Legislature could make them
more severe. lie had long desired to see tho law 30
framed that this crime could be punished. He did not
desire much discretion left to the courts. He
had seen it very often abused whether from want OF
moral courage other causes he could not determine
He wanted the punishment to the proligate specified
and determined one-so that the offender should know
and feel the punishment
Mr. CLARK alluded 10 recent instances of ecquit-
tai and light punishment In terms He thought the
Judge who sentenced the Costello should himself
sit in the place where that sentenced to be,
until he could learn something OF propriety. Murder
was no longer crime. young man Of fascinating
scduce his neighbours wife, live with her
till he has become tired OF her and after numbering her
can come into Court and the jury who to try
him find, their oaths that the woman cut her own
throat and laid down very deliberately and died. and set
Mr. LEsrER:-That is Boston law and morals.
Mr. CLARK:-And New y FORK law and morals too,
the Robinson case testified although there was an at
tempt get up the decent farce OF alib Mr. C. then
went on to speak OF the wreched administration of
criminal Justice In this State and of the avorm shown
to those who had pecuniary means. twas one OF the
incidents OF the times he trusted only like wave COM
Ing up now but to recede, that conviction for
murder or any great crime could be had though he
believed there exception recently where poor
lone woman in Fulton county was found guilty and hung
Circuit Judges go the people and harangue them about
the Injustice of a law which provides the penalty OF
DEATH Insanity is anever failing plea. 1t is no wonder
that jures follow in the path they are directed and pal
late pass the deepest crimes He feared IT the
punishment OF this crime was made confinement in
State prison, it never would be enforced Some poor
might be undefcnded and always convicted but the
rch would be almost absolutely certain to be ac-
Quilted and escape. He believed that make marriage
conformation in all doing away with the penalties
Of the statute would be to place the woman who had al
ready been the victim in the pewer OF her inurer to
make the remainder of her life wretched. The statute
would be bar punishment while the marriage might
be the meres form and ceremony fraudulent or
without any intention the OF the man TO do other
than 10 desert and nure her whom he had already made
miserable He defended the law from the charge OF oens
law for one side only. The Indebtedness and ruin was
all on side-thc world visited disgrace and ruin on
the woman. and smiles on her seducer.
Mr. WILLIAMS argued in favor of allowing mar
rage to be condonation OF the offence de was as ar
gent any Senator could be- that ths crime should be
punished severely but did desire to law passed
~ and could no, be enforced He thought discretion
should be vested in the courts to award such punish
ment as they deemed deserved.
Mr.. BARLOW spoke of the necessity Of having the
bill which should be made into law this important
question well guarded. He examined at some length
the effect which laws designed to add weight TO moral
ssnctions-ihe aid of human law to divine command
had produced lie thought Il the first great step to be
taken 10 make the sentiment OF the people rght-to pu
riiy and make sound public opinion.
Mr.. iouNG believed that under the rules OF the
common law. marriage could be accepted rs condona
ton OF the offence whether i, specified In the statute
or not He doubted he had always doubted, whether
tho community could be iegislscd into morality he
drew parallel between the moral condition Of our
country and those Of Europe claimed that our
had vast superiority, and in confirmation Of this al
uded TO the the great proportion OF negitmste children
In the countries OF Europe as shown by their statistics
Mr. CLARK There is nothing legitimate there
but the government
Mr.. You've regretted that in reference TO the
crimes in question public opinion wrong or in.
efficient. The young man finds that his debaucbcrv
does exclude him from intelligent and refined sece,r
The woman his victim, finds other door open to her
than ruin. he willing TO this law tried, though
nothing could supply the place OF good education. II
that universal there would be need of this law
1t may be well however TO try the experiment to see
whether those who do fear moral restraints may
be oveTawed by physical punishment.
Mr.. BARLOW continued the debate, and then the
committee and reported progress
The several amendments proposed by Mr.. LESTER
were ordered printed.
La SoNNAMBULA.--Ths impressive opera which
has been forcby recalled to the minds of the public by
the late trial in Boston, and the words which have been
80 Off repeated by Brough and SeSuin continually
curing 10 the memory win readers permit US 20
recall the following brief extract from the third in
the third act of the opera
Redolpao. There are persons, who while sleeping,
Sui. like day, their vigils keeping.
Wandering dreaming. speaking killing,
Tho in sleep, their scish ful6iing-
Somnambusts they named Ii seems
From insanity in their dreams.
Chorus Who'd believe III Such histry--
Sleeping. mwrd'rtag oh, lis mystryi
FREsHEr on THE ANDRoscoGGiN-We learn
hat the South West Bend and North Turner Bridges
and part Of the Little River Bridge have been swept
away The ice damned lust below Livermore and a
MOOD OF water swept in over the ntervsle upon which