Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-07-16
DEoDAND.

i ID.
FROM THE PHILADELPHIA EPISCOPAL aREoIsrgnn
How strangely an ancient custom rule Of societ
sometimes revived rather how strangely Is the rea
son OF forgotten law made manifest in the varying ext
gencies OF active life The ignorance Of unprofessona
readers may well be pardoned Of the meaning Of the
barous word at the head Of this article and yet
and obsolete as 1t seems unless our view Of law abou
which we write very didenty be mistaken il will soor
be one OF practical significance "a deodand says the
best q law books sis whatever personal chate is the
immediate occasion OF the death Of any reasonable
ure, and which Is therefore forfeited TO the crown
When thing" adds Blackstone not in motion is the
occasion of mans DEATH that part only which is the
immediate cause is forfeited as if man be climbing
up the wheel of cart and is killed by falling from it.
the wheel alone Is deodand but eherever The thing Is
N motion, not only that part ch immediately qives he
eoand as ne oheet which his body but all things
rh'ch move nth and help to make the wound more
dangerous las the cart and loading which increase the
pressure Of the whee) forfeited 1t matters not
whether the owner were concerned in the killing or not
LOT u man klis another with my sword the sword is
forfeited as an accused thing" Now it seems to US
that here IN this forgotten procedure is remedy precise
V adequate to redress the bloody outrages on human life
which have lately occurred railways 1t does
supersede the trial and punishment of individuals for the
forfeiture Of the the sword gave mpuny
him who used the drove the other but does that
which will work thorough cure ii reaches the
pockeso the corporation which now escapes but which
ought to be made 10 know that it, the creation of the law
is not above the law The wretched who, engi-
neer or conductor may be the immediate agent in the
work Of death or mutiaon nine times out of pershes
or is seriously wounded He has his punishment the
spot But who shall say that the company which employs
this criminal agent should escape all responsibility? IT.
Them in the of DEATH flor when the sufferer survives
he has redress from what called railway accidents
the locomotive engine and the whole train OF the
cart and loading which add pressure to the wheel
liable to forfeiture deodands the remedy would be
complete and efcacious There would ov ~ mOre such
Nor would such forfeiture we mean of a locomotive
and whole train and all its freight of merchandise if
there be any be excessive No one not the most
pulous coporatenis would say it in the of the
wholesale slaughter at Norwalk But 60 much further
One human lfe that of the humbest emgrant his in
FAINT child IS in the judgment of the law and of religion
worth per than forty railway trains. But hu
man life particle of the great Ct the daily and
hourly travelling masses of our land one human life that
is sacrificed whilst others at the moment prov
dentay saved, has value beyond all such computation
and in our poor Judgment the railway company which
employs ignorant careless and because careless cr
minal agents. would escape lightly if for such accidents
they were to pay the penalty we have indicated
This is our view Of what ought to be the law The
question then presents ITSELF such the law? Here
again admonshed to speak didently for we may
even IN our ignorance msrepresent the information de-
rived from cautious inquiry STILL for what it is WORTH
we state our opinion to be that, wherever the
law in this respect has not been expressly modified the
law of deodand is in force. 1t in force in England
before the Revolution, in sharper and
application than desire here sin 176l" says the
Annual Register son the night Of the 18th of September
being rejoicing night the arrival of the Queen,
Robinson by throwing squb frightened the horses in
the coach of Sampson Gideon by which was killed
on the spot The Coroners Jury found the coach and
horses deodands the Duke of Bedford in whose
the accident happened" In 1862, Sir Michael Foster
held to be part of the practical law of England These
are reported the subject and have floating in
our mind the recollection of newspaper report Of
decision of Lord Campbell to the very point of railway
liability to the law of deodand As part of the
law is yet law here and elsewhere unless abrogated
modified by statute. II Blackstone is right in saying
that the the value Of the weapon is stated in
for homicide is to enable the to claim
the deodand, and that form be yet maintained it is in
Pennsylvania and other common law States, have
right infer the law Of deodand is still in force We
peat believe it to be- and sincerely that
should any such accident occur where this good whole
some, odashioned remedy be applied, it will at
be resored TO- Let but the Of the county return
in his inquest that A. d. came to his death by being
crushed a railway and that the locomotive and
deodands TO the commonwealth to the county, and
/" Of exquisite feeling that will vbrate to the
hearts even Of corporations and railway directors
will be far more efficient than sending MANNED and half
dead conductor to the penitentary for manslaugher
For let say in and in christian anger have
faith in the sensibity moral sense, regard for
law public right Of money making corporation. The
uurequed wrongs Of those who put in jeopardy
Rancocus the other day. and Of those who persisted
public mind Such things cannot be much longer endured