New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-07-29
The result of the trial of Herbert at Washington

The result of the trial of Herbert at Washington
in verdict Of acquittal is another Of the numerous
Incidents of the last twelve months, going to show
what the free white people Of this country, and
iu particular the free white laborog people of this
country have 10 expect from the triumph and pre-
dominance of the Slave Power. Herbert, an
Alabamian by birth and education, but selected by
the shoulder. htters and baOtbox suffers of Cali
fornia TO represent that State in Congress- insults
with abusive language and finally undertakes to
beat waiter at bOte because that wiiter in
forms him what the rule of the house is with
rerpect TO persons coming late to breakfast; and
when the waiter stands upon bis defense against
the attack thus made upon him, Herbert shoots
him with pistol Such is the state of the facts
facts making out, according to the law Of all
civilized countries, perfectly plain case
Of murder; nor can there be the least
doubt that had the Irish waiter on no better
person in Herbert's social position, the act would
have been held to be murder, and the Irish waiter
would have been hung for H. Under the English
common law, which nonjnaly constitutes ths
criminal law of all the States of this Union, there
is no point better established than taat the man
who commits q homicide In the pursuit of an unlaw-
full enterprise, though that enterprise may have
been undertaken without any design to kill, il
guilty of murder. Thus, for instance, if thief
enters your house merely with design 10 steal,
but being detected, and finding himself in danger,
whether of arrest or of bodily harm, kills yOu that,
in the eye Of the law, is just as much murder 10
him as II he had entered your house with design
20 kill you. SO ifa man proyokes quarrel with
his neighbor and assaults him, and then, niing
himself in danger of being overpowered, draws a
bowie-knife and stabs him. that, in the eye OF the
law, is just as much murder az if he had begun by
stabbrg in the first place.
Such is at once the law of the land and the dictate
oireasoD, justice, and common sense. Butas reason
justice, common sense and the law of the land have
been set aside or trampled under foo. in 30 many
other particulars by the institution OF SIayery, so
it has come to be ,ettled point in the saveholding
States that no gentleman" that is to say 10 rich
nan, shal ever be held, under any circumstances.
to have committed murder. If the person killed
be also person Of social position, bs friends may
take it upon themselves to revenge his murder BY
committing another murder In their turn and this,
far more ihsn any terror of the law, ia Che chief
protection Of life throughout the slaveholdinc
Slater. If the perion killed be of inferior social
position, say Yankee schoolmaster or an Irish
winter, in that case the homicide Is thought TO be
abundantly expiaied BY submitting to 90 through
the formalties of trial; verdict of acquitta on
the ground OF selfdeiense-as in the case of Matt
WsId Of Kentucky, and California Herbert a.
Wssbington-being very certain to follow.
We be sst greatly in this country of our demo
cratic equality, Jet is perfectly certain that no
EDgliih gentlemen or Lobleman could kill waiter
at 8 hotel under circumstances similar to those
which attsLded The murder Of Heating by Herbert,
and escape the eallows. Perhaps oar Irish fellow
ciizebs sIs Of op'ni'n that American "gentle-
u,l ought to possess privileges il tais respect not