The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-17

the Of my client, be my apology not INV
justification And when ! refer to the facts TO which
aware shall be obliged 10 revert, feel hess COM
junction that about to protract the discussion
cause Of my conviction that you cannot fail to be
the framework Of society tlc social Of us
all 1t cannot but be apparent that decency, in It's appro
pirate sgmncaion IS nseparanle from ana inherent IN
and that i s only at the opposite extremes OF cizaton
where !. emergcs from babarsm or sinks into decay,
that deccncy either does not assert an existence or
overtlrown by the advancing tide Of RIGHTEOUSNESS. IL
Is to be observed however, that the enuncation of this
proposition comprehends and establishes truth most i'm
portant to yosr deberatons-a truth that in all ages and
IN various places the meaning conveyed by the term de-
list at the place and time, viii equally affect the idea
OF decency. What sovereign necessity mperious
want demands no one considers indecent; and yet the
same act In the absence either Of the necessity the
the egrant who the Camanche Indian upon
Western plain does not revolt at his nakedness though
the breech clothed decency OF the wilderness would more
quickly empty New York drawing room by its civilized
maraudng Sioux The sudden shot which IN frsnter
town signals murderous hand to hand fight and re-
suits In sudden death, rs emphasized as proper
by the undiscplned and ferocous habits Of frontier Me-
but the same act perpetrated in quiet New England vii
pronounce atrocous The Paagonan who on his native
shingle himself with skins from the wintry blast
and with unreieved nudity encounters and resiss sos
tal heats neither act influenced by considerations Of
decency. 10 his habt-a habit dictated by his wants
and necessies-unre1ned 70 be sure, coarse and
puenant You pleasc but still the habit of circumstance
the law OF his social e which makes to him all that Is
useful and comfortable to be proper and decent bring
these instances 10 your attention. eentemen IN prof o
INV assertion that decency and ndecency ara terms not
Of an arbitrary sense but qualified and refsrable 10
NAV h. aas oa suo nun
the imperial circle al Paris NAV inaueurae "a fashion
what the saloons Of New York would contemplate with
dea uctuatinr with the ace or nr,od ~ c;.s
ton to which is applied an ndisputable historical
husband are termed the good old Saxon days Of
England extended TO the ducking of the wife in
those old fouv davs daily Subjected N tho caror ra,nra
arising nom thosc connubai aona.c snorts Thew wers
tolerasad rndonh,cdv hacausa erranaore,v rs,h.rs
Thought necessarv IA tbc neace nf the kincdon anA sr
afraid thai thcv were by What herscc have
defined IN hc Feminine ncryeyseness Ianchecr IT,
would be an insult oentem 70 your intellirence ana "a
hirh sense of dutv 10 ASH Won 10 enter
tam the question whether .he dueEng 81 wie upon any
ant in these days of paantry and enehtened
freedom 3d. too the student Of history and Of our laws
the merry old Ensiand-some have called them the dark
riS ~ haltor 10 ,he nearost orvn ana hr =;
overt ~ Enock ber down Or n oha, ords 70 d; M
nose Of her 10 the highest bidder II was thonrht hv
Ioae =. - w - ~ ~ & ~ S ~ "ao sousns ~
ds nv wu CO. ~ AZ d ~ c;, ,ht - r nos Iy
huId b tbns % ,ro,ed y ho,e ~, ~ ,h t
nrononce Il 10 have hesn brntal and ~ he an
ndeiS stigma ~ Ssgrace pon he bushands of hs M
% w. % h. a,s. @ a9e h @ % b;h ;s,d ~ sSe -
Gays moi ony ous upon .ne umss ~nacn Perm,0eo H.
M aar me sus Sr your more
nv. M o.sI.s. ~ p. ~. "a. ~ I 49, ,s a.. sulo
nat you were NO. 700 young nave wnen
= nu u. r.. ~ .;s;. iI ;.h -S;h h u @ ~ a.. ~ os
h,s nv r ~ @ VIZ . I.Sn h .y a.; WIS se - ~ ~ ~ ~ sr
@ rd ,n rsI n.,d ns s @ y S Su. %
M ~. % ~ f,ha is - Sh ~. - a r. = IAN, "a W. W.
~ ny h s, sn AZ ~ oss M aey 4n1
h ;o 'aTr ds,, W soon M way
ri s.a'e. rr tho d .rs .A uao Hsaens ;,, ~
they would not allow Of duiv swaihed IN Ins
and tne pedal Of the PaIsn goddess
let's Behold now how Changed The EXQUISITE sense Of
groprety which made marble statue an aficton 2 the
nresen,aons az nictnrial art And VIC Of Ne yorI
aracea in crowds wherever the masrs chse has
oht n i;fe tho dr,, Me ~ tha i;s ILL., ., ~ @ @
,o,, haa % oodo .ha canrose 70 hraa,n S Il % ~ .s .e
ana haauv ~ venu gov Win
and mnr;so,nr % The masters rraword prown panar
rna dns ai, Sr hfown ramer,
, onenaeas aSns; - % anu corIupers o.
h puuno a ,' r,d e,y & ~ % @ av, aa ,n m5cDe
no % VIII, p,'ue % OUT a haona. MAJ M
c,uo,nn 9es % uea @ q, IN
d s; anu h, h.ong ana
he S. uua
they exist a The time s wRen Se
te or figures uoduced bp
alleges to be indecent are obnoxious to hat charce n he
sense in which the word mdecency is entertaned and
sense of sbsract moray o. hw ths aht ~ % y any
modesy Nor when determipns this ia a,lowshIe hat
you should the sI the O. the
Could this be DONE and as suppOsable your Individual
impressions differ you could agree. Or one jury
Jury the next
representations more offensive than these are decent The
N this manner Question of ereat concern 70 he m
lie aecno nublic morals and in truth anreoi;no ts
tn,ctw ~ bat code can he dac;d.d ou, ~ ,h. a a
Therefore has Tho defence introduced hefors vo
| evidence Of what The opinion Of the nubBc ;s
| OF sterecscop;c grorps or representatons of the
human figure similar N Character TO these. and n
upon such evidence as ts that YOU viii be told bv the
Court that your Judgment must be satisfied and vour
verdict must rest But before proceed TO ppodnce h in
detail to your attention yo, wl trust allow me to COM
ment somewhat further b in new particular upon the
idea which you are to apply, the word indecent EN-,
ployed in the statute have shown that il an idea not
drawn from former times or entertained at other places
than this time and this place. but from the verv form
and pressure Of the age in which VIC i've It is nv wish
that you would also discriminate between the dercnt
senses in which the word is conia ennvcd
in order that from among then, ali Won NAV corceva
he true dea Contemplated by The statute For instance
you designate your neghbor as decent