New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-01-29


state Of Instruction. the military force which bad uni
then been employed in that county was "iibdfa"n--
The unlawful bands Of armed resstcrs have long sinc
been abandoned No authentic evidence has sppearee
Of bined resistance OF the sws IN any county OF h'
state since the las mentioned proclamation was issued
Nor believed that there sny Just grounds % ap
prrhend their renewal The controversy out Of which
these disturbances arose s not indeed - YET ended
nor Is IL certain that viii end gnni 10 causes are if
some way removed Bat the Executive. IN THIS connec
ton has nothing % DO With the controversy except &
b. assured ths the discussion i not carried on un,sv
fully.
Oi those who were convicted eighteen are remaining
in the state Prison under sentences yet uneNpired
Their crimes indeed sudacious and dangerous
and : not a; al owing any prudence moderation
exercised BY them that the law has resumed rs sway
and that Alarms and spprehensons for the stability OF
republican institutions have ceased. No good citizen
csn look with forhesrance much less with favor upon
these offences Vet Il cannot be denied that IN some
respects they disrnguishahlc from ordinary trans
grrssIous Those who committed al OF these offences
. were not known as malicious idle vicious persons.
They citizens whose position habits aud relations
in society hose OF respecabhiy snd csrcalns
Thsir motives not those OF sordid felony, but
many OF them had doubtless been induced 70 believe
that they were maintaining for themselves sud others
nights guaranteed 10 them and 10 al By the Constitution
and laws
Without deciding AZ al concerning their rights or the
power duty OF the Legislature to grant reei 50 often
asked Tor or the s0undness of opinions expressed
strongly and earnestly In their favor by legislators and
others Il must De ths those opinions tended 70 connrm
Without questioning the wisdom patriotism
of those who denied the existence OF grievances the
power OF the Government TO remove them, II may be
admitted thst those denis could not tail % eNsspcrate
These considerations derive additional force from the
TACT that the Legislature of $40 after ali Of these disturb
snccs and convictions had occurred, did acknowledge
that there were grievances and that there was power
To some extent % remove them for law passed
by which the income OF the landlords taxed. and
another by which distress for rent abolished while
third bill designed by amending the law of devises 20
~ int lDlp
when landlords shou die ntestae. passed by the
Assembly. although failed 10 obtain the consent Of the
Senate. Nor It be safely affirmed that II these
measures had been more seasonaby adopted they would
not have prevented the agitation from attaining It's fear
tul contamination.
In administering the law. however DESTROYS we may
be O. indict punishment with reference the msgni
tude OF the danger 10 De removed cannot forget
that crime essentially consists In deprsyity OF mo-
tive than ia violence OF action. AOugh we cannot
easily conceive how these offenders reasoned them
selves into belief that their conduct innocent
ufcrtorious. cannot deny that they esteemed i
without repeating al the experience we have OF
the conduct of men in great masses, moved by pro
found sentiments Of justice and equality and acting
under excitement In all combinations OF men, the
impulses 10 action. whether vrtuous criminal
increased by aggregation while their reason and sense
of responsibility exactly in the inverse proper
ton OF the numbers combined. When the circum-
character and condition OF these offenders are
considered IL may reasonably be believed that left 10
himself free from the irresistible influence OF numbers
and the madness OF controversy. OF them would
have committed. OF ever medifacd crime. lhere
Is, indeed to believe they were holder
than thousands Of their fellow citizens who cher
ishing the same sentiments acuaied by the same mo
uves and seeking the same object combining with them
to affect H. in the same unusInable manner and who
being fortunate, have escaped from all punish
ment In such cases as this he who Is oyertsken IL
Justly regarded in his punishment represen.
tatve OF the in whose cause no engaged, and
his own demer seems 10 diminish because ne receives
in his person punishment for the offences OF others
well his Il is easy to say that our nstt1
tons so just aud equal a. 20 leave no excuse tor
those who seek 10 redress their grievances by force
But this Is always said by any government. how.
ever arbitrary, when such yiolences are committed.
Experience teaches US that the more freedom and
equality enjoy, the more jealous they Justly are OF
any abrdgment o. their rights Without looking for
examples 10 the Western States where society Is
less perfectly organized, we may recall popular dstur
Dances which have not long since happened In Maryland
Massachusetts Pennsylvania, and Rhode Island. In
OF which greater danger threatened the STATE, and
more violence was experienced than in the Anti Rent
excitement. and yet these connections grew not out OF
any supposed opposition of individuals but out of the
discussion OF abstract principles affecting the structure
OF Government and the general action of the constituted
authorities. These facts served 10 bring the present
/ case within principle by which every Just aud
ghtened Government distinguishes between offences
purely popular and political and ordinary, malicious and
Infamous individual crimes The latter result from
ves which purely individual and selfish and always
| remain with men of deprayed hearts and lives.
Sternness and severity constantly necessary to de
ter those who thus actuated from committing crime
/ for which there always occasions and temptations.
Political offences those in which masses VI people
combine, rarely il ever occur ia any country unless
there be something radically wrong ia Tie constitution
/ of society. In the action of the Government The
motives of political natnr. The sijoets real
or imaginary public good and the offence consists In
msdrccon and cNaggeratOn OF Just sentiments instead
ct base and corrupt designs occasions tor such offences
seldom occur. at least under our Government that
the law Is found not To have contemplated their occur
renee. and all laws passed n the heat OF such excite
meut psr,ake in some degree OF the nature OF En- post
Jac'O laws.
Thus il has happened and in this instance, most OF
the convictions were obtained under a law passed un
der the approximations Of public danger only lew
months before these trials and the others were ELECTED
by applying existing laws 10 class OF cases Of which
there were preeedents among US. In regard 10 po
/ itcsl offences every enlightened Government metes
punishment solely upon the principle that ii shall
be- sufficiently severe 20 remove the danger threatened
and shall cease when that danger l. removed AMSR5-
Tor political offences frequent and harmonic
well with sentiments Of actual justice and the prin.
eipes OF heightened policy that they always sp.
proved by mankind and there is measure of
TOO severe Tor Governments which refuse them when
the danger which threatened has passed away Thus
the fame OF the present great Monarch OF France mas
been constantly illustrated by his clemency % all Of the
Prisoners who had been convicted of attempts %
subvert the Constitution and b restore dynastes which
/ had been excessively expelled from the throne
! few years ago the Canadian provinces were the
scenes Of political commouons, which, Ike the Anti
Rent excitement did not attain the magnitude O rcvo
luton. Prisoners, (amOng whom were many OF Cit
zeDs) more numerous than those whose cases are
under consideration convicted. The laws OF the
state were enforced, but not without discrimination
greater than we have practsed. And the rebellion
subtued Successive acts of clemency followed each
other until now It Is believed every offender almost
every one has been fully restored The principle vi
granting amnestes vehementy contested in Rhode.
Island after law and order restored in that State
But the people wisely Oyerrued the opposition and of
many persons convicted OF armed and active treason
none suffered punishment Of great severity or long dura
ton. No doubts that in s these tbs exercise
Of clemency has fortified the Government
The only good objection that could be- made 10 the act
OF amnesty now invoked would be that It might tend To
revive the connections ont of which the convictions
arose BUTT would argue great ignorance Of the char
acter and conduct Of the people Of this state and Of the
sautary operation OF bensnsnt action the part OF the
Government 70 suppose that these eighteen offenders
constituting about third only Of the whole number
originally convicted would again conspre could move
any considerable portion OF the people % renew
which would have been enacted II their violence
had been anticipated and which all now equally de-
pOre. Il may be safely pronounced that il al punish
uent should the offences Ia the Anti Rent
commotOns In this State would have been punished with
greater rgor and severity than any Of similar and
degree have been punished In any other American
State. Indeed II the question only how pre-
the renewal OF the depofsbs scenes Of lsi5 the
Governor Is confident that Of the most efeciaal
measures would be remove the only remaining provo