The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1881-09-28

There appears to be much misappre-
hension existing as 70 the English pun
jshment for treason, and this may be o
fitting occasion on which to point out
that the sentence of decapitation, pure
and simple, is one unknown to the Eng
Iish law fOr the innovations of the long
Parliamert and Commonwealth, OF
course, legally go for nothing. The
same doom of drawing, hanging, evils
ceration, Acknowledgement, and quarter
ing was passed on peer and peasant alike
(of course, 1 except the fair sex, whose
invariable sentence was eombustion), but
constitutional lawyers held that, mas
much as the sovereign could, In his
mercy, remit the whole of the penalty,
50 he had the power to dispense with any
part Thus, usually in the case of peers
and connections OF noble families, decap-
itation was, by the Kings grace, all that
was exacted. The soundness of this
theory OF the royal PreTogahye was
doubted by Lord William Russell in the
case of Lord Stafford, executed for al
legged completely in the pretended POpish
plot, in the reign of Charles III. The
rather overrated husband Of Rachel
Wriothesley, with brutal fanaticism that
does not display his character in a favor
able light, eagerly craved that his polit-
lead opponent should undergo to the full
the whole of the degradation and suffer-
ing involved in his sentence. Charles,
however, exercised his prerogaGve.
When Lord Russell's own turn came, for
his share in the Rye House Plot, the
King again displayed this peculiar form
Of clemenGy, accompanying the remls-
sion with the sardonic remark: &c My
Lord Russell shall now experience that
do indeed possess that power which he
denied me in case of my Lord Stafford.
But to return, aT.he drawing, as every
legal Scholar knows, means the drawing
of the criminal to the place of execution,
and therefore precedes the infection OF
death. According to Mr.. Justice Black
stone vol. w., drawing" formally
meant, and formerly actually involved,
dragging the condemned along the
ground by a rope tied round his legs to
the place of execution; and this torture
the Judgment literally Ordains. But, :"
ays.ztlSe learned author of the "COm-
uientaries, - usually sledge or hurdle
is allowed, to preserve the offender from
the extreme torment of being dragged
ON the ground or pavement. This
quaint view of indulgence seems of q
piece with the same legal sage's oft
quoted YindicatiOn of the humanity and
propriety Of the English law in the judg-
ment for treason passed upon women al
luded to above The passage is worth
consulting. The last criminals s. drawn "
TO the gallows were, / believe, Colonel
Despard (see ante, page BID, and his
gang. AS they were to be executed in
tie prison in which they were confined,
and as the Government insisted that they
should be " drawn" this grimly humor-
GUS expedient was had recourse to. The
conventional sledge or hurdle-the body
of cart or tnmbril without the wheels
was introduced into the prison-yard,
and the condemned men entered it in
patches of two ut time Except the Col
onel, who had the honor Of an appear
ance en- seuD ut the door Of the staircase
leading to their cells, and the vehicle
thus making four trips, its miserable
passengers were " drawn" across the
tagged space TO the foot of the stairs
leading to the. tower ON which they were
TO die. When the vehicle returned, after
its third journey, to take up the Colonel,
that gentleman remarked-and no won
der Ha, hal what nonsensical mum
merry is this?"-NOtes and Queries.