Executions on Sunday. BY THE EDITOR. THE WRONG DAY.-Gov. Young, of New York respited Hays, convicted of murder, until the 21st of January, which falls on Sunday. He will have to be farther respited, or executed on that day-a very unusual thing. Hays committed the murder in a state of delirium tremens, and his sentence may be computed to imprisonment for life. The above is from the Transcript. We know, from an interview with Gov. Young, about a year since, that he was in favor of Capital Punishment, but we never conceived the idea that he was at all favorable to executions on the Sabbath. What does this mean? Who is to take part in this work? We remember some time since that it was reccommended to have executions on the Sabbath, and to have the clergy perform the whole service, and the idea was everywhere scouted at, as an insult to the whole profession, and as the highest act of sacrilege, but here is a Governor, no doubt as pious as any one, who really sets the Sabbath-day for an execution! This is not all. One of the most popular preachers in Boston has unhesitatingly reccommended the practice. Still more. A petition has been sent into Parliament in favor of this measure. Again. One of the great English Reviews, conducted by the Bap tists, we believe has gone beyond all the rest, and even reccommended executions in the great Cathedral of St. Pauls. Lest we should be thought presumptuous or mistaken in our assertions we quote the very language: “A short way of arriving at the truth of the proposition that the punishment of death is a religious ordinance, is to force the supporters of that idea to carry out their principles, and make the execution of a criminal a religious ceremony. It was so with Jesus, whose law is quoted for our imitation; let it, then, be so with us. Let the destruction of our culprits take place in our churches, and let our clergymen be the executioners. What religion commands, religion's ministers can surely do. Nay, as it was in the holiest of holies, and by the High Priest, that sacrifices for sin used to be offered in that olden Hebrew time from which our modern sacrificers seek to copy, let the execution-place now be St. Paul's Cathe dral at Westminster Abbey, and let a Bishop or an Archbishop be the hangman. This really puts a new feature on this whole matter. We wonder if Gov. Briggs intends to order the execution of Dutee, now in Boston jail, on Sunday. If so, he will but follow out the example of the Governor of a neighboring State, and the reccommendation of his Baptist brethren on the other side of the water. We shall look with deep interest to this execution, and give our readers a true account of the whole proceeding. THE ECLECTIC REVIEW, April, 1848. London: Ward & Co., Paternoster Row. ARTICLE CI. Suggestions on the Law of Nations. BY PROF. T. C. UPHAM. No. II. Ar the present time it is also against the laws of war, which of course hold a prominent place in the laws of nations, to poison wells, or to use poisoned arms; but it is only within a comparatively recent period that this has become a settled and permanent arrangement. On the savage assumption, that the death of enemies is the prominent object in battle, it was deemed of subordinate consequence how that object was secured. On these grounds it was deemed admisible and proper to employ poisoned arms, and what seems even more attrocious, to poison wells and springs of water. Richard, Cœur de Lion, died by means of a poisoned arrow, with which he had been wounded. Ambrose, earl of Warick, died of a wound by a poisoned bullet. At the seige of Bourges, in 1412, poisoned bullets were used; the fountains in the suburbs are said to have been corrupted by poison. "Since the beginning of the seventeenth century," says Martens, "the use of empoisoned arms has been looked upon as unlawful." And in connection with this remark he refers to a Treatise on War of Beust, who there gives an account of a Convention on this very subject, made with the express object of preventing the use of poisons in war, which was concluded as late as 1675. The same writer on the Laws of Nations refers briefly to another topic, which may properly be noticed here, as coming in aid of the illustration of our subject." Formerly, he observes, it was frequent enough to see the subjects of one state making reprisals on those of another; but the disorders resulting from such a practice and the dangers, to which the state itself was exposed by leaving the use of such violences in the hands of individuals, have induced, since the 14th century, the states of Europe in general, to withold from their subjects the exercise of this dangerous right.”* This undoubtedly is to be considered a great improvement. Indeed it is difficult to conceive of a Law of nations, in any degree worthy of the name, while the right and the power of reprisals is left in the hands of individuals, acting on their own authority and responsibility. Happily, therefore, for the interests of mankind, it seems now to be fully set tled, that a legitimate and public state of war does not necessarily en sue, as consequent on private hostilities, whatever their character may be. The opinion has even been expressed on high authority, that, if all the subjects of a king of England were to engage in hostilities against another country in league with it, but without the assent of the king, there would be still no breach of the league between the two countries. It would not be difficult to enlarge upon this subject. But without going further, the preceeding statements and illustrations are sufficient clearly to evince, that the Law of Nations has been gradual in its developement, and has been brought to its present comparatively improved state only by successive steps. This advancement was so slow, and • Marten's Law of Nations. Book VIII, Chap. 1, §. 6. the intercourse of nations was attended with so many embarrassments and so much deception and cruelty, that no one will pretend to assert the ability and adaptedness of the Law of nations to secure permanent justice and peace at any period whatever, previons to Grotius. Its principles were exceedingly indeterminate; it rested almost wholly upon precedents, which were often variant and inconsistent with each other; it was not reduced to the form of a science, and illustrated by appeals to enlightened reason and conscience. It is impossible to designate any considerable period from the beginning of history down to the commencement of the seventeenth century, when the illustrious philospher of Delft obtained a hearing on this great subject never given before, which is not sullied by a variety of crimes, repugnant to every principle of justice and humanity. Till within a very short period, international law permitted what are now considered unjustifiable attrocities; it did not preserve prisoners of war from slavery and death; it did not secure, in times of war, any adequate protection to feeble old men, to women and children; it did not afford any efficient aid ana facilities for the promotion of the intercourse and peace of nations; but on the contrary, seems to have taken under its special protection' principles of violence and elements of discord. CONDIGN PUNISHMENT.-A judge must do his duty in carrying out the obligations of the law; but this duty becomes deeply painful when the judge who sentences the criminal to death, is himself opposed to the Death Penalty. Such was the case of Judge McCown in passing sentence upon Northrup at White Plains, for the mnrder of Mary Goodcast. So says the New York Star We know of some painful instances of this kind. We believe Judge Edmands of New York is opposed to Capital Punishment. And we know of a Sheriff who subscribes for our paper, and makes an annual donation to aid in abolishing the Death Penalty. We know also of a United States Marshal, who is a devoted friend of ours, but who would have to perform the duties of a hangman should a case occur. And in fact, the very Judge referred to takes our paper, and is the President of the New York Society for the Abolition of Capital Punishment. These are strange cases. Few men have the courage of Robespierre in France, who was so opposed to the Death Penalty at one time, that he resigned his office rather than pass the Death Sentence on a culprit! We suppose these men have a way of settling with their consciences. We know what we should do. But our standard is not for others. Each one must answer for himself. We suppose, however, that the whole may very well be answered by the poet in his Dialogue with Death and the Hangman, which the reader will find in our number for October. A single verse or two, will answer our purpose: When first 1 took to the hangman.s trade, HAVING frequently learned that the various incidents by the way that I meet with in my travels are read with considerable interest, I, therefore, shall sketch out such matters as may be worthy of preservation. I left home, designing to be absent for twenty days, intending to go by the New Haven route to New York, stopping by the way in Springfield, Hartford, etc I arrived safe in Springfield, over the excellent and well conducted road to that beautiful town. Of the conductors we cannot speak in too high terms. The cars are well warmed, and every thing is done to make the passengers comfortable. On arriving, I went to my old home, at the hospitable dwelling of my friend Eliphalet Trask, who always makes my stay agreeable, and there are few places in my travels where I feel more at home. I soon made arrangements for my I found L. N. Fowler here, public Lectures, of which more hereafter. the celebrated Phrenologist, who was under good headway, lecturing on his favorite science, and examining the heads of hundreds of the inhabitants of Springfield. In every circle I entered, Fowler was the chief topic of conversation; though sometimes California was introduced, for I found many here had got the "yellow fever;" some had it in the natural way, some were inoculated by others. With some it lasted several days; then it was intermittent. Some, I judged were incurable. Others, I thought might have it till they began to double Cape Horn, and if that would not cure then, I know not what would. A mining company has been formed here, and several will probably start for the gold region. I hear much more about California here than in Boston. I believe thousands will be ruined by this mania. To all those who are dreaming of fortune-hunting in those far-off regions, I cannot do better than to refer them to Washington Irving's "Columbus." The second volume of the new edition now about ready for press; furnishes the following significant passage:— "Before relating the return of Columbus to Hispaniola, it is proper to notice some of the principal occurrences in that island, which took place under the government of Ovando. A great crowd of adventurers of various ranks had thronged his fleet; eager speculators, credulous dreamers, and broken down gentlemen of desperate fortunes; all expecting to enrich themselves suddenly, in an island where gold was to be picked up from the surface of the soil, or gathered from the mountain brooks. They had scarcely landed, says Las Casas, who accompanied the expedition, when they were all hurried off to the mines, which were about eight leagues distance. The roads swarmed like ant-hills, with adventurers of all classes. Every one had his knapsack stored with biscuit or flour, and his mining implements on his shoulders. Those hidalgos, or gentlemen, who had no servants to carry their burdens, bore them on their own backs, and lucky was he who had a horse for the journey; he would be able to bring back the greater load of treasure. They all set out in high spirits, eager who should first reach the golden land, thinking they had but to arrive at the mines, and collect riches; for they fancied,' says Las Casas, 'that gold was to be gathered as easily and readily as fruit from the trees.' When they arrived, however, they discovered, to their dismay, that it was necessary to dig painfully into the bowels of the earth, a labor to which most of them had never been accustomed; that it required experience and sagaciiy to detect the veins of ore; that in fact, the whole process of mining was ex ceeding toilsome, demanding vast patience, much experience, and after all being full of uncertainty. They digged eagerly for a time, but found no ore. They grew hungry, threw by their implements, sat down to eat, and then returned to work. It was all in vain. Their labor,' says Las Casas, gave them a keen appetite and quick digestion, but no gold.' They soon consumed their provisions, exhausted their patience, cursed their infatuation, and in eight days set off drearily on their return, along the roads they had lately trod so exultingly. They arrived at San Domingo, without an ounce of gold, half famished, downcast, and despairing. Such is too often the case of those who ignorantly engage in mining; of all speculations the most brilliant, promising and fallacious. Poverty soon fell upon these misguided men. They exhausted the little proper. ty they had brought from Spain. Many suffered extremely from hunger, and were obliged to exchange even their apparel for bread. Some formed connexions with the old settlers of the island, but the greater part were like men lost and bewildered and just awakened from a dream. The miseries of the mind, as usual, heightened the sufferings of the body. Some wasted away and died broken hearted; others were hurried off by raging fevers, so that there soon perished upwards of a thousand men." To-day I have visited the jail here, which is in fact, a Jail and House of Correction. The keeper was very kind, furnishing me with all the information that I needed. I should judge that the prison was very well conducted. The following items may be interesting: Number of Prisoners.-Forty-five; five of whom are females. Library.-About two hundred volumes. I suggested the propriety of adding the Prisoners' Friend to the library, but more on that hereafter. Marriage and Crime.-I had the curiosity to inquire whether marriage was a preventive of crime. The following fact come to light on inquiry. Last year, there were seventy-eight of whom forty-eight had been married. In England, it has been shown that Marriage is a preventive of Crime. Some farther inquiries may bring out some curious facts on this point. Hours of Labor.—Ten hours; half an hour for each meal. Over Work.-Prisoners may earn from ten to fifty cents over their daily task, each day. One earned $150 in a year! Discharged Prisoners.-No especial care is taken for them when they leave, though it is said they generally find employment. Expences.-Whole expence last year was twenty-five hundred dol lars. Income.--During some time the incom was eleven hundred and thirty three dollars; thus meeting only about one-half of the expence by the labor of the convicts. No House of Correction in the State meets its own expences. The State Prison supports itself by the labor of three hundred convicts, under the judicious management of our excellent friend Hon. Frederick Robinson. Confinement of Women.-The arrangements for the keeping of women are wretched, being the upper room of the house, and being so that the whole are together; the depraved thus corrupting the more innocent. The Grand Jury have presented the matter to the county, and the result has been the proposal for a new jail. Women-keepers.-I was pleased to learn that the jailer's wife had the charge of the women's department. Women should always be the keepers of their own sex in prison. I have been disgusted at the manner in which brutal keepers enter the cells of women. Mrs. Fry commenced in England by placing woman over woman. I am aiming to bring about this reform throughout this country. N. S. VOL. I. NO. VI. —0. S. VOL. III. NO. XLI. 24 |