Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1852-11-19


postponed m Thursday the 25th inst, Thanksgiving
day. in consequence of ,he.iness OF Mr.. Cowan, who
has been selected deliver the Euogy on the occa-
sion.
Abolition Of Capital Punishment i'm n. Carolina.
We must confess that are in favor of abolish
ing the death penalty as punishment for crime in
North Carolina, and this from no morbid sympathy
with the criminal, from any question of the
right Of the community TO take life in its de-
fence. 1t is simply from considerations of expe-
diency, and from bclef-that the ends of justice
would be better subserved, and crime be more GER
tain of meeting with its merted retrbuton were the
death penalty abolished.
When there exists in any community feeling
which shrinks from the execution of a law or when
from any other cause, its enforcement becomes diff
fcult or Doubtful the expediency of retaining it
without some essential modification is more than
questionable. law which cannot be enforced is
worse than useless, since it. not simply fails to
answer the particular purpose for which it en-
acted but its continued evasion tends to lessen the
sanction Of ali law, and thus sap the foundations Of
society. The sooner such law is 50 modified to suit
the times, else swept off the Statute books the
better
ton in this State, no matter what the proof may Be
Any Lawycr-any Judse-any Solicitor will tel you
that. And why is it so Is it because Jurors will
fully perjure themselves? No one will venture to
make such assertion North Carolina Jures are
conscientious any men living. The real fact
Of the matter is that there feeling abroad against
hanging man, and on any Jury more than one per-
son can be got who is opposed to capital punishment.
It is true that Jurics called upon simply to de-
eide upon the facts submitted 70 them, and give their
verdiets without reference to the Consequences But
not lawyers, used 10 viewing things
from legal point of view, appreciate this? Can
they separate their act from its consequences =
VIII not their feelings become interested And
Will not these feelings influence their Judgment
unconsciously it may be, bat still none the less
powerfully The very same twelve men that could
doubt difficulty in forming a verdict
against prisoner, where the consequence of SO do
ing would not he death. would get staggered when
called upon to-" hang man" by the rendition of a
verdict of guilty. And we know that lawyers press
this consideration upon the conscences of jurors
They ask them if they are willing TO take the respon
sbty of blood upon their heads IF they are will
linz to hang the prisoner, whose life is in their
responsibilities naturally opposed. to hangng-and
not qualified by legal education & training to draw
the strict line of distinction betwx the mere abstract
question, which they called upon to decide and
the result of their decision. when made, what wonder
then, ifthese should find their judgments warped
by their feelings, if through the vertenderness
Of their conscences, murderers should be let loose
upon the community unwhipped of justice and this
too, without any imputation upon the motives ofthe
jurors any question of their wish to act in accor-
dance with their oaths.
Murders committed almost every day in some
of the Atlantic cities, and sometimes in our own
SAFE; but how often does conviction follow arrest
Seldom if ever. Murders have not ceased, but con-
victons have; and this because juries are scared
from giving verdicts for fear ofs' hanging man
We have not an earthly doubt, that were the penal
ty attached to murder, imprisonment for life, or
ching else in place of death, three convictions
could be obtained where there is not one now Ger
tainty is worth than severity and the certain
ty of punishment would be worth more than double
by this chang.
What substitute could be proposed with hopes of
success. is another question. The Penitentary sys-
tenn is becoming very generally adopted in other
eide against Penilentary; they might, however,
be brought to think differently upon the subject
But the discussion Of this, as Of other points, had
better be postponed until some future time.
Thc Japan Expedition.
The New York Herald learns that the long talked
of expedition to open the ports of Japan to the CON
nerce of this country to sail for Jeddo, under
the command Of Commodore PERRY. 1t will star
on or about the first of next n. onh 1t will be com
posed of the ship of the line Vermont, of 5000 tons
carrying % guns and 800 men; the steam frigatc
Mississippi, of LOO tons and 375 men Susquehan
nah, $500 tons, $50 men, Princeton, 1900 tons. 19(
men, Allegheny, l, 100 TONS 100 men; the Sloops-of
war Saratoga, St Mary's and Vincennes, Of % gum
and 100 men each the race frigate Macedonian
with % shell guns and $50 men; the brig of war Por
poise of ten guns and the store ships Southampton
Lexington and Talbot. of4 guns each In addition
to the ships crows there will be 100 marines, be
sides others, attached to the expedition, swelln!
the aggregate number to- about 1900 men. and 80
guns-most of ITEM Of heavy caIibre, and larg
proportion she'll guns
The expedition is to carry out magnetic tele
graph. a locomotive and railway cars and many 9th
or productions of modern civilization that are, n
doubt, intended to g aslonsh the natives Hop
they may succeed Don't much expect it though.
Mississippi.
1t would seem that the stain upon the credit @
Mississippi, which has made her name synonym