The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1850-08-07
N o a d !.


| in this case, DR.. Parlmanl,ad been The
nggressor not in words only, but had
followed them with blows, and if Pro.
iessor Webster had in selfdefehcc xii.
led him, the result would have. been the
same; the ability Of Webster 10 prove
the facts. and thereby establish his limo.
cence, would have been in no manner
increased, md he would stand where he
| now is, with his life forfeited, for doing
M act which The law would Justify if
the truth could be made to appeor.
The construction OF The law seems 10
reverse the two great maxims: 1. That
every man shall be held innocent until
ne is proved guilty; and 2, That it is
better ior the gully TO escape Than for
the innocent 10 be punished. Ia its ieal-
Gus care 10 punish the secret murderer
IN IT'S fear that he should escape some
part Of his deserts for wan, Of sufficient
| evidence of malice, it valves The neces.
s'iy of proof and thereby puts The isno.
cent and gully into the same position,
icopardizing the life of the former to
prevent the escape Of the latter. This
may be necessary as a rule, to the
proper administration Of Justice. because
no rule can be made to bear equally
upon cases which are in themselves
different; hut ifthis be conceded, the ,in-
dcrsrgned cannot but believe that in alb
cases Of conviction under this ruIs the
Pardoning power is fulls,ius,ifiedGf
be not IFS imperative duly) in mitigating
the punishment awarded, wherever
there is 8 reasonable probability thattha
CRIME was not prcmedilated or malici.
Gus.
In conclusion. the Undersigned Is
aware the necessity of great caution
IN interfering with the decisions OF
courts and juries; but to say thai the
executive is in no case 10 interpose, un.
less some now evidence appears which
would have been admitted by the courts
as legal. and which entirely changes lhs
appearance ofthe case, is to hisaind
while the constitution Re.
mains 2 ,lfchanged, md Isipreogsrs
eomntrsadicted g by the dali, Efentieh Of !
liis board. which al al srsst ID aer "A ssesss3n
does act on petitions for pardon, aud ii, s
many cases grants relief without any
such testimony. Blu, the undersigned
does believe 1t TO be the duty OF the par
donns power thus 10 net, and by max
ing distinctions which the rigid rulesof
law will not permi, the courts 10 make,
al times, and merely as acts of justice,
TO mitigate punishmen,s which appear
to be disproportioned 10 offences. II ia
rule OF law, as laid down in this
case, that "no provocation with words
only will ljustily mortal blow and 1t is
difficult. 10 conceive how this rule can
be wisely altered. No matter, then,
what amount of proyoca,ion is offered,
and words will sometimes kindle n
hercer fire than blows. ifa mortal blow
is IS proved, the jury must bring in a YER
iict OF guilty; and thus, man aoatied
% frenzy by incorporate, perhaps ma.
i"'ous words, who in that moment of
.,-..zv strikes a blow which proves
mortal, is held subject 10 tho same pun.
ishment as the cool, deliberate, mid.
nigh. assassin.
Is ,he,e no moral difference between
such cases ? viii Justice sav--wheu
freed from the shackles of illegal rules
that the same punishment shall be
awarded TO both Tile Undersigned
thinks not, and he believes that when
both arc punished the designs of fiustice
are defeated. and great wrong is done.
lie believes tina, in the case ofPearsan,
the committee came to the right copcltt.
sion. Tor clearer case OF deliberate.
premcd'ated, midnight assassination,
never was proved: il stands out in nll
It's horrible features, plain as the noon-
day Sun in u cloudless sky, there is not
a shadow about it, not the slightest
thing upon which TO hang doubt. The,
to HIM, adequate motive. the deep mall
ice, the c,nningly devised plan 10 conf
nit the murder and escape punishment,
nre all clear 10 the mcancst apprehnn.
sion. The case ofWebstcr is wholly
different; here there appears no aide.
qnate motive, no pre.existing malice,
no deliberate and careful preparation,
choosing the hour Of midnight for the
deed, no exercise ofgreat science he Is
master OF, TO destroy the evidence ofthe
crime and secure his own safety. The
Undersigned sees nothing in il that IS
very consistent with tho theory Of nlal.
iceand prcmcditaticn.. nothing in it
inconsistent with the hypothesis That he
gave mortal blow in return for sling.
ing, insulting words; andbelieving, as
he does, that such is the truth, he deems
II case who're the pardoning power
should nterpose, not to stop The course
OF Justice, but TO perform an 40; in it.
self Just TO the prisoner, and Just to tbs
commonwealth, by substituting the pun.
lshment OF imprisonment for that OF
death.
g. r. COPELAND.
~~>~>v>~y~-.. .-sS1 ~ +--sS-~- -S-ey1i-
The following ioasts were offered at
the celebration of .lie Athia Reaniort.