Louisiana became one of the United States in 1811. Its present white
population is about one hundred and fifteen thousand.
The extracts which follow furnish another illustration of the horrors
produced by passions blown up to fury in the furnace of arbitrary
power. We have just been looking over a broken file of Louisiana
papers, including the last six months of 1837, and the whole of 1838,
and find ourselves obliged to abandon our design of publishing even an
abstract of the scores and _hundreds_ of affrays, murders,
assassinations, duels, lynchings, assaults, &c. which took place in
that state during that period. Those which have taken place in New
Orleans alone, during the last eighteen months, would, in detail, fill
a volume. Instead of inserting the details of the principal atrocities
in Louisiana, as in the states already noticed, we will furnish the
reader with the testimony of various editors of newspapers, and
others, residents of the state, which will perhaps as truly set forth
the actual state of society there, as could be done by a publication
of the outrages themselves.
From the "New Orleans Bee," of May 23, 1838.
"_Contempt of human life._--In view of the crimes which are _daily_
committed, we are led to inquire whether it is owing to the
inefficiency of our laws, or to the manner in which those laws are
administered, that this _frightful deluge of human blood fowl through
our streets and our places of public resort_.
"Whither will such contempt for the life of man lead us? The
unhealthiness of the climate mows down annually a part of our
population; the murderous steel despatches its proportion; and if
crime increases as it has, the latter will soon become _the most
powerful agent in destroying life_.
"We cannot but doubt the perfection of our criminal code, when we see
that _almost every criminal eludes the law_, either by boldly avowing
the crime, or by the tardiness with which legal prosecutions are
carried on, or, lastly, by the convenient application of _bail_ in
criminal cases."
The "New Orleans Picayune" of July 30, 1837, says:
"It is with the most painful feelings that we _daily_ hear of some
_fatal_ duel. Yesterday we were told of the unhappy end of one of our
most influential and highly respectable merchants, who fell yesterday
morning at sunrise in a duel. As usual, the circumstances which led to
the meeting were trivial."
The New Orleans correspondent of the New York Express, in his letter
dated New Orleans, July 30, 1837, says:
"THIRTEEN DUELS have been fought in and near the city during the week;
_five more were to take place this morning_."
The "New Orleans Merchant" of March 20, 1838, says:
"Murder has been rife within the two or three weeks last past; and
what is worse, the authorities of those places where they occur are
_perfectly regardless of the fact_."
The "New Orleans Bee" of September 8, 1838, says:
"Not two months since, the miserable BARBA became a victim to one of
the most cold-blooded schemes of assassination that ever disgraced a
civilized community. Last Sunday evening an individual, Gonzales by
name, was seen in perfect health, in conversation with his friends. On
Monday morning his dead body was withdrawn from the Mississippi, near
the ferry of the first municipality, in a state of terrible
mutilation. To cap the climax of horror, on Friday morning, about half
past six o'clock, the coroner was called to hold an inquest over the
body of an individual, between Magazine and Tchoupitoulas streets. The
head was entirely severed from the body; the lower extremities had
likewise suffered amputation; the right foot was completely
dismembered from the leg, and the left knee nearly severed from the
thigh. Several stabs, wounds and bruises, were discovered on various
parts of the body, which of themselves were sufficient to produce
death."
The "Georgetown (South Carolina) Union" of May 20, 1837, has the
following extract from a New Orleans paper.
"A short time since, two men shot one another down in one of our bar
rooms, one of whom died instantly. A day or two after, one or two
infants were found murdered, there was every reason to believe, by
their own mothers. Last week we had to chronicle a brutal and bloody
murder, committed in the heart of our city: the very next day a
murder-trial was commenced in our criminal court: the day ensuing
this, we published the particulars of Hart's murder. The day after
that, Tibbetts was hung for attempting to commit a murder; the next
day again we had to publish a murder committed by two Spaniards at the
Lake--this was on Friday last. On Sunday we published the account of
another murder committed by the Italian, Gregorio. On Monday, another
murder was committed, and the murderer lodged in jail. On Tuesday
morning another man was stabbed and robbed, and is not likely to
recover, but the assassin escaped. The same day Reynolds, who killed
Barre, shot himself in prison. On Wednesday, another person, Mr.
Nicolet, blew out his brains. Yesterday, the unfortunate George
Clement destroyed himself in his cell; and in addition to this
dreadful catalogue we have to add that of the death of two, brothers,
who destroyed themselves through grief at the death of their mother;
and truly may we say that 'we know not what to-morrow will bring
forth.'"
The "Louisiana Advertiser," as quoted by the Salt River (Mo.) Journal
of May 25, 1837, says:
"Within the last ten or twelve days, three suicides, four murders, and
two executions, have occurred in the city!"
The "New Orleans Bee" of October 25, 1837, says:
"We remark with regret the frightful list of homicides that are
_daily_ committed in New Orleans."
The "Planter's Banner" of September 30. 1838, published at Franklin,
Louisiana, after giving an account of an affray between a number of
planters, in which three were killed and a fourth mortally wounded,
says that "Davis (one of the murderers) was arrested by the
by-standers, but a _justice of the peace_ came up and told them, he
did not think it right to keep a man 'tied in that manner,' and
'thought it best to turn him loose.' _It was accordingly so done_."
This occurred in the parish of Harrisonburg. The Banner closes the
account by saying:
"Our informant states that _five white men_ and _one_ negro have been
murdered in the parish of Madison, during the months of July and
August."
This _justice of the peace_, who bade the by-standers unloose the
murderer, mentioned above, has plenty of birds of his own feather
among the law officers of Louisiana. Two of the leading officers in
the New Orleans police took two witnesses, while undergoing legal
examination at Covington, near New Orleans, "carried them to a
bye-place, and _lynched_ them, during which inquisitorial operation,
they divulged every thing to the officers, Messrs. Foyle and Crossman."
The preceding fact is published in the Maryland Republican of August
22, 1837.
Judge Canonge of New Orleans, in his address at the opening of the
criminal court, Nov. 4, 1837, published in the "Bee" of Nov. 8, in
remarking upon the prevalence of out-breaking crimes, says:
"Is it possible in a civilized country such crying abuses are
_constantly_ encountered? How many individuals have given themselves
up to such culpable habits! Yet we find magistrates and juries
hesitating to expose crimes of the blackest dye to eternal contempt
and infamy, to the vengeance of the law.
"As a Louisianian parent, _I reflect with terror_ that our beloved
children, reared to become one day honorable and useful citizens, may
be the victims of these votaries of vice and licentiousness. Without
some powerful and certain remedy, _our streets will become butcheries
overflowing with the blood of our citizens_."
The Editor of the "New Orleans Bee," in his paper of Oct. 21, 1837,
has a long editorial article, in which he argues for the virtual
legalizing of LYNCH LAW, as follows:
"We think then that in the circumstances in which we are placed, the
Legislature ought to sanction such measures as the situation of the
country render necessary, by giving to justice a _convenient
latitude_. There are occasions when the delays inseparable from the
administration of justice would be inimical to the public safety, and
when the most fatal consequences would be the result.
"It appears to us, that there is an urgent necessity to provide
against the inconveniences which result from popular judgment, and to
check the disposition for the speedy execution of justice resulting
from the unconstitutional principle of a pretended Lynch law, by
authorizing the parish court to take cognizance without delay, against
every free man who shall be convicted of a crime; from the accusations
arising from the mere provocations to the insurrection of the working
classes.
"All judicial sentences ought to be based upon law, and the terrible
privilege which the populace now have of punishing with death certain
crimes, _ought to be consecrated by law_, powerful interests would not
suffice in our view to excuse the interruption of social order, if the
public safety was not with us the supreme law.
"This is the reason that whilst we deplore the imperious necessity
which exists, we entreat the legislative power to give the sanction of
principle to what already exists in fact."
The Editor of the "New Orleans Bee," in his paper, Oct 25, 1837, says:
"We remark with regret the frightful list of homicides, whether
justifiable or not, that are daily committed in New Orleans. It is not
through any inherent vice of legal provision that such outrages are
perpetrated with impunity: it is rather in the neglect of the
_application of the law_ which exists on this subject.
"We will confine our observation to the dangerous facilities afforded
by this code for the escape of the homicide. We are well aware that
the laws in question are intended for the distribution of equal
justice, yet we have too often witnessed the acquittal of delinquents
whom we can denominate by no other title than that of homicides, while
the simple affirmation of others has been admitted (in default of
testimony) who are themselves the authors of the deed, for which they
stand in judgment. The _indiscriminate system of accepting bail_ is a
blot on our criminal legislation, and is one great reason why so many
violators of the law avoid its penalties. To this doubtless must be
ascribed the non-interference of the Attorney General. The law of
_habeas corpus_ being subjected to the interpretation of every
magistrate, whether versed or not in criminal cases, a degree of
arbitrary and incorrect explanation necessarily results. How
frequently does it happen that the Mayor or Recorder decides upon the
gravest case without putting himself to the smallest trouble to inform
the Attorney General, who sometimes only hears of the affair when
investigation is no longer possible, or when the criminal has wisely
commuted his punishment into temporary or perpetual exile."
That morality suffers by such practices, is beyond a doubt; yet
moderation and mercy are so beautiful in themselves, that we would
scarcely protest against indulgence, were it not well known that the
acceptance of bail is the safeguard of every delinquent who, through
wealth or connections, possesses influence enough to obtain it. Here
arbitrary construction glides amidst the confusion of testimony; there
it presumes upon the want of evidence, and from one cause or another
it is extremely rare, that a refusal to bail has delivered the accused
into the hands of justice. In criminal cases, the Court and Jury are
the proper tribunals to decide upon the reality of the crime, and the
palliating circumstances; _yet it is not unfrequent_ for the public
voice to condemn as an odious assassin, the very individual who by the
acquittal of the judge, walks at large and scoffs at justice.
"It is time to restrict within its proper limits this pretended right
of personal protection; it is time to teach our population to abstain
from mutual murder upon slight provocation.--Duelling, Heaven knows,
is dreadful enough, and quite a sufficient means of gratifying private
aversion, and avenging insult. Frequent and serious brawls in our
cafes, streets and houses, every where attest the insufficiency or
misapplication of our legal code, or the want of energy in its organs.
To say that unbounded license is the insult of liberty is folly.
Liberty is the consequence of well regulated laws--without these,
Freedom can exist only in name, and the law which favors the escape of
the opulent and aristocratic from the penalties of retribution, but
consigns the poor and friendless to the chain-gang or the gallows, is
in fact the very essence of slavery!!"