The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-24


brothers devote larg OF to,s 20 tne ceret o, me-
and the Quite, Of providing for the family, aarns
which time re female portion OF the FANNY arc ie's
themselves wahou, projection. IRE !reqIsat enasses o.
hapltaton and the taoasy Of social cooiiton ieaf
TO fraskness Of inses course wnicn reluues, ="
,he sapctty of the home and the se,ur'.y OF tn
marriage bed rigorous personal responsibility TO tn
DEATH The peculiar ondtops OF society 10 this strc'
noted before any priacpe ke that o. oAa
law ca n be introduced. Famirs como hither from ~
parts Upion TO remain os shorter or loasef
period time To enjoy any soa' life hers the 'uisr
couee must frank, sithoa. srspcion the time vnich
In long es abshed com N lDes, nay ens5ic individual
cheese and pick out those with whom tne9 may a.
here for officers OF the government and thooe 81
the public employ roent, to throw open their doors
with wide hospitality that exists nowhere e'se. Thu
form peculiar feature aud attraction IN Washington
society by the population that attracts here and
the Stimulus thus given business the wealth aud
perity the city and District promoted. Bat these
social occasions be made the OF guilty asss
natons If they to become the means by Which 'hs
acnefer pusues his lust thea the eooss Of families mus
be swiftly closed. No would be willing 10 have OILS
hospitality made the ssenhtion, or toe soca
occasions he de give his friends and nogn
bos asure, converted into opportunities for corrupun
be Innocent wife Of bis friend. repeat tnen that the
doctrine which this ~ ose6utoD rests is founded on t
Manning case, copied by Hale aud tostsr' and aeN
stobe. But is also be observed toAt, IRON
The day ahlch hanning's case was decided ID tor
present hour 1t has been followed by the c9nvcsou
o. a husband ia England. No husband Since Lnsn bir
punished as eon taking life OF Al ain iera
In ,hfee the doctrine o. that case has oeca aoiA
ed from the bench bot only by Judges; tue OF
Ke,v and another ease TSo OF these were tried ny
Pase end the by Baron Role 10 the ooe thefs
was adultery the we The other, no marriage arc
in the third crime of totally different nature
As, from the of Alfred TO the time Of CHARLES the
Sc cond there evidence that husband was regard
Cd as ieou IN common Ia Tor a! ing an aonterer 50
from the time of Charles the SecoDd TO the present hou'
thai prDcip has never been enforced by the punish
any in EDg and Counsel then proceeded "
argue that in the three cases cited by the prose
cutnn from the North Carolina and South Carolina
reports there were entirely distinct questions ~
issue; that far as the marital relations o.
slaves were concerned, they were no; recosnzed by
the laws Of those States, and that. thereto Q, tue
sdudicatops rulings III tue Cases Of Slaves d
govern apply TO this case. There was apothsr
cited IN Jones-the case Of white man. But there there
suite evidt 10 show that the killing
from PRECEDING malice There was Case, no viewer, cited
from Hills reports, which had some analogy
There the aduerer slew husband VINO endeav0riog
his wife, and there it bed that the
could not set the plea Of self defence The Ameri
can common Ia on this subject vas sno.n IN the Cases
Of Singleton Mercer, OF Ayers, Of Jacob Green, AMI
the Ct John Stump and the Of Jarooe where
each instance, the slaye OF the seducer acquitted
Counsel also referred TO Smiths aud Shermans
in Philadt pha, Boyers Virgin ami
reported in vol. Wheeer's Criminal CAGES page 81
Where then he asked did the aduiterous doctrine OF
Charles the Second prevail IN America? Not where the
stars and stripes vavenot even where the royal banner
Of England loats'or was not long since, IN Canada,
hu band bad followed his vfes seducer from city to city
till he found and slew him. and there the doctrine Of
Charles the Second was repealed and the instantly
acquitted By the American law, he proceeded, the bus
band always present by his wife, his Always by
hei sioe his wing ever over her, Tue consent Of the
wife cannot In any degree aect question OF the adu
terers guilt and he be slain In the by the huson
then 1t is justhabe homicide. j will pass then To the
question Of what constitutes the act understood
learned for prosecution ella m In acord
ance with the very loose language Of Baron PaTke thai
necessary tor the husband 70 have occuiar demon
strason.
Mr.. Carse-"Fipdng" is the word.
Mr.. IaptOD-N does credt ~ the ffaDkness az Wen As
TO the good sepse Of tie counsel not 70 claim has doctrine
but that is the doctrine Of Aannng's The wife
could not only consent 10 the ac, but the husband be
came In in the DARK could not lay MS hand 90 tns stu
terer until he III the candle and HIS shame aua thep
he slew the aduterer he must have the feioa brand
ing on bus hand The object 10 erect before the hus
band the gaows and branding iron, that the
and corrupt Of tnat age might pursue with mprnty
the wives ana daughters Of the people, hence tney
manded moi only that the wire ghoud consent bit
| that the husband should Sec hs shame. As Ia. e
as within the last few years, Baron Park, sitting
| in the Judgment seat Of England, said that the
husband must have occular inspection Of the WHAT
the act and what ID necessary II the fact Of adult
terry that constitutes the guilt Of the individual ADD the
Justification ~ the husband. That fact is be manifest
ed accorong 10 the rules OF evidence that Apply IN
TO Other ac,s II s Claimed BY the def that the
dence brought directly to the Of the
prisoner ct the bar, but whether it nos the fact
only to be determined by tie Ordinary rules OF evidence
Counsel referred TO the rules OF evidence regard
dultery as laid down in roynter Marriages p. 1s7
Colns against the state, vol IA Alabama Reports, p IS
the State against Jolly, vol. Devereux and B,stea
p lCQ My las. proposition IS, the COUNCIL proueeiet
that the wie's consent cannot shield the aduteer
being Incapable by aw Of coosentiog TO any inractou
OF her husbands marital rights and that IN the absence
consent and his part every violation OF
Is
and against his gill, and may be treated By him
act OF violence and bis wiies person IL follows
as logical consequence, from the relation Of husband
and wife, stated the first proposition, because her
very being and existence Is suspended, that is TO
"ncorporaied and consolidated says Blackstone, into
that oil the husband during marriage that any Invasion Of
The husbands right chastity Of the wife Is forc,be
act. TIE law does not look 70 the degree Of force
looks only the forcbe movements sing an act
force follows that the right Of the husband resist
that force clear undoubted tho highest prnc
pies Of law Ny iIeno here (Carise) says he condemos
fha nnnltfr hsa
iess violence. so do I; but the question 1t
here whether the violence be lawless In IN
here Of violence, of personal justice,
he the very question toat is involved,
cognized among men, has the defence OF r'ght, w,
mantebance Of possession right the protection Of
right, been Recognized ether as reveneeul AZ
Of less violence. BY the contempt of laS
wife Is always IN the husbands presence, lays under
his wing; and any movement against her person is
movent ainst biz right and may be resisted such
We place The ground defence the groun,
and limited by the same means the right Of persona
defence II man be assaulted his power to clay toe AZ
sailant is not limited to the moment whea the mora
blow 10 about 10 be given he not bound t. wait till hr
life Is on the very point Of being TAKEN but any move
ent towards the foul puI plainly indicated juste
him in the right Of sefdefence, aud IN Staying tn,
| sssaiiant The spot. The theory Of our case u
that there was man living IN constant state Of adueT,
with the prisoners wife, man who VAS daily by mo
| ral-no, by an immoral power-enor nous, monstrou
and altogether aIaeled in the history Of American
society, or In the history OF the family Of nan, po.e
over the being OF this Soman-cabng her from her his
bands house, drawing her from the side of her child
and dragging her, day by day, through the streets Il
order that he might crafty his lust. The husband be
holds him in the very act Of Withdrawing bus wife from h
roof IRON his presence from his arm, from his wing
| iron his nest meets him in that and Stays him. an
we sa that the rght TO say him stands the fra
principles Of sell defence. have eudeavored brisf
as could 70 explain the principles Of social and ju 10
prudence on which the defence "a planted snd tsus
that on examination IL will not be found 10 be an
visionary ground Of defence, Or any such theory
vas appfehendeo by nay learned friend Ar Carlisle), VII
opened The argument he says thai society could
st ON such principles, because THIS the exercise
the tight Of private Judgment; and If estu
rhed principle the land would be a scene OF blood
as the unshment Of adultery would be followed by Ia
punishment OF other crimes. Nov If ii wore So If thi
lana to be Of blood, ana IL it necessar
10 make II 30, ask whether blood had not better
torrents through our streets than that the homes Of
should be destroyed by the soutcrer al wiz Bot
| bot SO. Neither yoBr Honor nor wi be frightened b.
any such appalling picture. Thank Cod aiu1tery is
crime that rs usually stranger 10 American society.
ID but rarely IN our history that great event Tx
this occurs TO sre society and lead II TO the
ton Of the principles which II is fo1n led. Thai
been this Gaze, aud II should lead TO TIE examoation
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