The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1850-07-13

1 hr were ever so much inci,fed 10 do IL.
Dr.. Webstcr's accy1sn. Of the homicide shsuld
have the benefit Of ihsprcvious moral imprcbabhiy
fh7 accompanies the only rival theory, TINT OF pre-.
mrdilauon. tits highly improbable it il. be admit.
tied, that a man OF decent hie, mid, aniable and
moving nmong all amenities and refined aSsocia-
tons Of viItnOus society and of family like that
lot liz Webster. sympathsng, 10 rather an unusual
,tcCfec, IN the tastes and rccreations OF domestic
'clfcc exclusively leminine that such man would
deliberately plan the murder OF another. and cherish
and mature his design for several dnys.
Il L. not necessary To clam ioy Inn much mora.
'prIncple, or elevation ui mind, 10 enable 10 say
ttaIlt IS extremely Improbable beforehand. ltiSau
inp,obuhi.l, that uu>i yield to positive evidence
hut then II requires such ev!denc, u overcome it
Aud then, further. supp"sug that h. could aud diI
'peuIrdaie such plan, Hut Intended 10 execute 70,
there Is a sill. greater mo a probability that vher
the moment gulvcd he ,huU,dnud husii ah be 10 cN
tecutr Il. \ luan may have no moral principle 40
prevent ms concerning muItcfous iuicnt he WaV
Icoucry- u, and lay all ms plans for achieving IL.
iand Yet, say. II he's nUG,cu~omed 10 violence and
,houd, with no Iuiii1uy habits or associations Il he
HUNDRED TO one Tint When It's time comes. he wi.
Ishuuk from the performance that he Will not have
1.-THE courage and the nerve for IT, that he wi, not be-
lp to IL, tina, he canucl TO II, II he does not find
hmsei morally ntoyc, there is the greatest pIu5n-
biHty that be- wI.i find h.ms,f ',.uw hc POM of
Courage and hauhEood ~ which sue o deed can he
done Isupnosc lhcrr nr, rrnouo mankind \ bupt.
red u,urd rms nr,urii,nfinns n, nn,, ,rIn1i,,,tcd
iuufdcr 70, tn n, there i an immense double mCr-
nj mpohahilty against The hypothesis that the ~
ing ui DR. Parhman was first prtmedl,atrd undlhcn'
yi1rr rs frcmcditui,d That ip,prnbahitiv yyo,I Il
have To Wild 10 .r-nnr evidence tp, ibrr, INNS, b
such evidence. r,ai prruundclgurc of il. ronrr-
iyc testimony or circumstances ,hoi cannot ho ev
p'niucd uuou any other hypo,h,.s -..u,b -, . l.rra
In word. rs i no, found m the history Of his cos
lffrom all The facts an circumstance, of the case
credit shall. b, piye;, 10 the statement of DR. Web
ser and the committee shall concu,c that il Is o-f
or equally probable itor that would he :,
nnngh that the hpincl!c was committed i'm the head
oi blood and was unprcnedita,rd, ourh, the urnyer
Of the petition To be- Granted and the sentence com
mu,.dl
am not competent To discuss the ,crnI questions
that M rht arse about malc, being iluu,, Iy INV
and about shifting the burden ofyroofirnm the Com
Ia the prisoner. ana suppose the com
miit,e would not care to hear arguments on these,
questions from any person. The committee mu>lj
DE well aware there are some difference, of cupion,
on points oi that nature, among Gentlemen learned
In the law snd even among the JuSlr,S of our Su-
prmc Court The Council Will give such wcIrhi|
as they TT 10 hc fact, that some 40, s,onS Of pIIu-
Clpe that might affect the case Of Dr. Webster are
regarded rs open questions among the LAWYERS hcrel
and elsewhere. Ii may DC presumed however, that
the Executive Council would be unwilling To com,
INTO conflict OF opinion with the Supreme Court ON,
2 question Of law, or do nuy act thit would mp,y
IA Impeachment of the decisions OF that trtuual.
The people Of M0s5acIust H. have 100 much rry-|
ence or hat pure and learned Bench, aud ood deep II
sense Of The importance ct keeping distinct the BOW
rrs and functions ct the several branches Of goycrnl
mcu, TO dcslle IN any case such conflict and NIL
parchment In the present case, ihc iltnds Of Dr.
Webster have no occasion to desire or ak H. Iti-i
enough that TITS the night and the duty OF the Couu
ri 10 receive and weigh testimony which the Court
under H. liked and necessary rules cannot received
and 10 make some discrimination as 70 the chlrac d;
ger Of crimes, and the punishmcu,s TO he inflicted
which Ihe Court canno, make
suppose No man will doubt, that if the Jury hadI
before Them Il e view presented III Dr. W 5 state
mrui and II had tCcn substanta'ed ~ evidenced
iccutd admissible by the court and they had there
lpon believed II mn.c probable han the oIhcrihCory
!r u prof. able, The verdict would not have bernmur
Ter nor the sentence death Or, II the Court, con
-'ranc by the rules OF The common law had instruct
I'd the jury that they must not adIjt hut view, bu
must IMPLY the malice which was not d.sprovcd. audl
ithey believed the homicide must pronounce il muir
Ter, then would II not have been regarded on al
land- a. proper case for Executive revision The
'ouri, governed by the common law, must often
AL by the same name crimes Ui a very dlrrrnr mo-
al die. and pronounce the same sentence rpon
,I,iiina> OF very different grades a. moral guilt -
ms Is necessary evil, arising from the impossible
y OF establishing any general principles and rules
nat sinai! apply with equal justice 10 all the parllc
liar eases to which they must be applied Its for
he Executive TO mtcTpo-c and correct, as fan a.
the practical iurquatic, OF uuIshmsuts
hat must arse under the .aw. For lhIs purpose, a
Nide Discretionary power Is lodged somewhere ~ !
very civilized government. And there Is no more
eailiIn;c and appropriate excuse 81 that d-crc-
non 'hhn 10 make the graduation 0ilhr punishment
ID ctllir moTepcIiec than any grarrdl rules Of aw
IN i3aHer, to make moral DETERMINATIONS WhchS
ne judiciary canrOt make, aud 20 approximate the
lc'' a administration OF the aw 10 the principles OF
lbsoIu eIu-liCe
In regard to the punishment OF cnmina. homicide E
seems TO be a settled POM IN he minds Of the I
fopIc, and m the actual administration ct the Jaw
lat the sentence Of death, however often the Judi
icinIy may he constrained 10 award II, shl tc cal
i'd INTO execution only IN cases IN which il j. pro.
.ed and believed that The murder Is deliberately IN
ended and that in all eases IN which the deliberate
nlenions wanting, OF no, made nut or neccs, AMY
uierr'd, another punishment lees horrible, hut sr
cve!c and sufficient, shall. be substituted by the tx
'cnive.
I'm this latter position. as lbeicye the case Of DT
Webster stands, lbelcye that the prayer OF his pc
hon ought TO be granted and have presented IN his
statement and IN my own name, reasons which N
think should move the governor aud council tos
grant n. am here out OF my usual and aupropri-
lte sphere, not To win case but 10 assist the com
nlter IN their search for the truth Of the cn-. \
have no nteIcsin the matter distinct from that Of
the Commonwealth. My sympa,hiCs in the casel
ne first Tor truth and Justice, and second for DR.
W,h.t"r.
DIR Webster lppg NOT t,r "a h,l from