The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-08-07

Mt PAUL, MINNESC
Constantinople in many Of our ssatnts. Th
Code Napoleon Ia wiser. Il determines tha
II an accused person bc under the ags Of --no
lourtsen. but--sixtan. Il shall be inqaieed 0
BY tie Jury whether hc acted viii a. vithou
disccrnment. In the latter case be u acquitted
bat Is liable 70 be under due control. IE ol
the contrary. h. be found 10 have acted Wit
discernncnt. his puuishn,ens, Il isdecreed. shAl
be regulated in proportioo to tho full punish
old laws took little thought at oil Of any sucl
distinction. In sixteen hundred and twenty
sioc, achid between the sgrs of bat eight an
nise was hanged Tor arssa at tho Ahinedul
sssizas. A laia - TIN year ssvosissn hundrS
and eighty. a boy Of fourteen was hung sor par
Iticipating In riot about Catholic Emanclpa
tion. Il might he ssid. however. that Lon
doo strcet boy 10 mature Ut ten. Account ~
given 10 parliamentary committee ol one o
theae unhappy creatures who during csrscl
Of five years old had robbed 10 the amount o
three thousand pounds. BESIDES numerous
minor punishmsnts. hs had been sentenced Il
death; but, from compassion, sant 10 the Phi
lanthropic Asylum instead OF the gallows.--
Thence he escaped, and was Tor another o6encs
transported fo.' liie-all hcfofv the orc of thir.
trpos' r-~--'--,N~~
There were somc niceties connected with
the judicial treatment Of the Law Of Eschest
or confiscation, which lead even 90 necessity
kw., s.,se s~f..
oners liable 10 condsnation Of their goods wrr
mutes, that is 10 say ref,fse TO plead, thcrs
coald bc no attainder. and consequently no ~
cheat. For this reason, in Sir Mathew Hale i
time, Il was the constant practice in Newgatc
to tie together with whiprord the two thumbs
Of any refractory person, and the whipcord
with the aid OF q parson soon pr0,lucel the Do
sired effect II more were required. recourse
was had 10 the pcine forte et dure. the more
horrible form Of torture A csse IL on vecori
Of Q member OF an ancient family In Yorkshire,
who, in 6t Of jealousy. had killed three Of his
children, his youngest child being from home At
nurse. Procceding 10 de~troy the infant also,
he was terrified by storm. which awakened
his remore. lie was arrested; 10 order 10 pre-
serve the estate TO his surviving child. he died
mute-under the agouics of torture,
A case Of different kind Il that Of Que vii
liam Dslhoit, who, hundred yesu ego, was
at the Salisbury, quarter %emions
OF petty larceny, for stealing one penny; where
by his effects. consisting Of bank Dotes 10 the
amount Of one hundred and eighty pounds and
twenty guincas in moscy, wers forfeited 10 the
bishop as the lord Of the manor. II - hap.
pcned that the bishop. had conscience. and
gave all the money back to tho family, 10 this
form. namely. one hun'ircd pounds to the leI.
on's father, the same % his ,lau0htry. and the
,,a.,, .h;I,;,,,. A. l,,,,..,, IT,.
oH clsims on cono.ca,eJ oood. -e,e r.rsIv
however me. IN mi. v.v Ev.,, tings ,,s;,
careful n the rse thrv rco,J male ~ snch
wind,nlls. and there was a vrvat rovuI truth IN
the nnrvrr or james the Firxt IN ,kc widow N
Sir Walter Ralcioh who pe,i,ione.l n, the
of Sherhorre Coxtl. ,h., ,hc man
hsva n Eor Kw' s.I,v ,hr d;c,.,or |. smc.
posed N have her, tho irver,or NJ ,urh fcrr,.
Of cou6sca,ion. which In the r,;yn nj Joni. the
Fourth was defended bv TourrcI n dis,inyuisb.
cd Iawve, hv The eyp,e~a doci,,.,,o, ,h.,
T. Won nina, st:h the h..rt or Ar. S.,h.r 4, IN.
bosom of The sop'
As ne have faIlep ar,ocy kioys 60. NAV "a
we'll 90 on 10 make mote or two upon Inc Old
judicial view of treason. concerning which n
NAV be sajd first, that there has bru sosnc
confusion In the Interpretation os the old word
imagine, in the declaration that il Is TREASON,
nmopg other things. 10 imagine the kings
death. II used 10 mean ,itnnly to Mot and In
this sense the Psalm;s, IA Translated .Whv do
people Imagine n vain thiuQY' Ia this .euse
Dbaucer speaks OF snch imssipias rs n thing
visible 10 The eyes
.srs.,.t... ,n ,.. a.,, ,m..,.,,v
of~i"py. and al the ss~pss-ns,
rh. 'po'''' With 's' Anii-' He
We viii speak only Of high treason, not Of
the peth treason, which Is mnrdcrous nbllion
Of wife against her lord AMI husband; of q
servant Against his master. and no IN; though
as memorial Of the damestic souyiiy for which
Il was thongh' worth while TO take thought
by our fcr'father. W may mention
one 81 Sir Msfbe y Halc's stnierrBts; that II
wifc throws poker ~ her msid~n's head.
which by aec,depi lights On b.r hasbsnds =
head and kills him, 'lis, Is petit treason. This
sort of of"nce va "ply abolished in the time
sieorge The fourth. and 'ias~J With ordinary
marisr. We spak os,ly nj high treason. and
oi the gcfi old paer.LnsHt II tfaiias. who
were 10 be hang'd. eut doSn alive. einbowclled
wbi'c fi'l living then finally 10 qusrtered
lbi< ~h'rDr was Only huuSntu7h N the tffrr
of tseorvp the Third by the sxeytioex a, dam
nal porn;Iiv u,h;.h -. e. -. -
""Sh WI. wv fonb unr'
AIufn ~ The protest 81 thr Crown Officers.
that b. was br,akiby down sfhs hulv.rts "A
ke cf,,s,;,o,;c,, NJ. -. - .-.I.-~I a -
w " P1ru"" NV
pnfDh ltnfr 70 show tfe otd iufiicinl state III
things "a esDcerpcd fre~sfc IN ali n. hs,r,.~,
10 Sir Matthew IIsIe's tins. The regicide Har.