Happiness is every man's _cynosure_, when he embarks upon the ocean of

life. No man would willingly be thought so very unskilful, as that

ill-starred Palinurus, who made the shores of Norway, on a voyage to the

coast of Africa. Whether wealth, or fame, or fashion, or pleasure be the

principal object of pursuit, no one is willing to be accounted a

disappointed man, after the application of his best energies, for years.

The man of wealth--the man of ambition, for example, are desirous of being

accounted happy. It would certainly be exceedingly annoying to both, to be

convinced, that they were believed, by mankind, to be otherwise. Their

condition is rendered tolerable, only by the conviction, that thousands

suppose them happy, and covet their condition accordingly. There is

something particularly agreeable, in being envied, of course. Now, it is

the common law of man's nature--a law, that executes itself--that

_possession makes him poor_ as Horace says, Sat. i. 1, 1.

--------"Nemo, quam sibi sortem,

Seu ratio dederit, seu fors objecerit illi,

Contentus vivat."--------

All experience has demonstrated, that happiness is not to be bought, and

that what there is of it, in this present life, is a home-made article,

which every one produces for himself, in the workshop of his own bosom. It

no more consists, in the accumulation of wealth, than in snuffing up the

east wind. The poor believe the rich to be happy--they become rich, and

find they were mistaken. But they keep the secret, and affect to be happy,

nevertheless.

Seneca looked upon the devotion of time and talent to the acquirement of

money, beyond the measure of a man's reasonable wants, with profound

contempt. He called such, as gave themselves up to the unvarying pursuit

of wealth, _short lived_; meaning that the hours and years, so employed,

were carved out of the estate of a man's life, and utterly thrown away.

There is a fine passage, in ch. 17, of Seneca's book, _De Brevitate Vitae_.

"Misserrimam ergo necesse est, non tantum brevissimam, vitam eorum esse,

qui magno parant labore, quod majore possideant: operose assequuntur quae

volunt, anxii tenent quae assecuti sunt. Nulla interim nunquam amplius

redituri temporis est ratio"--It is clear, therefore, that the life must

be very miserable, and very brief, of those, who get their gains with

great labor, and hold on to their gettings with greater--who obtain the

object of their wishes, with much difficulty, and are everlastingly

anxious for the safe keeping of their treasures. They seem to have no true

estimate of those hours, thus wasted, which never can return.

In one of his admirable letters to Lucilius, the eightieth, on the subject

of poverty, he says--"Si vis scire quam nihil in illa mali sit, compara

inter se pauperum et divitum vultus. Saepius pauper et fidelius ridet;

nulla sollicitudo in alto est; etiamsi qua incidit cura, velut nubes levis

transit Horum, qui felices vocantur, hilaritas ficta est, au gravis et

suppurata tristitia; eo quidem gravior, quia interdum non licet palam esse

miseros, sed inter aerumnas, cor ipsum exedentes, necesse est agere

felicem"--If you wish to know, that there is no evil therein, compare the

faces of the rich and the poor. The poor man laughs much oftener, and more

heartily. There is no wearying solicitude pressing upon his inmost soul,

and when care comes, it passes away, like a thin cloud. But the hilarity

of these rich men, who are called happy, is affected, or a deep-seated and

rankling anxiety, the more oppressive, because it never would answer for

them to appear as miserable, as they are, being constrained to appear

happy, in the midst of harassing cares, gnawing at their vitals.

If Seneca had been on 'Change, daily, during the last half year, and

watched the countenances of our wealthy money-lenders, he could not have

portrayed the picture with a more masterly pencil. The rate of usury has,

of course, a relation to the hazard encountered, and that hazard is ever

uppermost in the mind of the usurer: and it is extremely doubtful, if the

hope, however sanguine, of realizing two per cent. a month, is always

sufficient, to quiet those fears, which will occasionally arise, of losing

the principal and interest together.

I never buried an old usurer, without a conviction, as I looked upon his

hard, corrugated features, that, if he could carry nothing else with him,

he certainly carried upon his checkered brow the very phylactery of his

calling. We may talk about money, as an article of commerce, till we are

tired--we may weary the legislature, by our importunity, into a repeal of

the existing laws against usury--we may cudgel our brains, to stretch the

mantle of the law over our operations, and make it appear _a regular

business transaction_--it is a case, in which no refinement of the

culinary art will ever be able to disguise, or neutralize, the odor of

the opossum--there ever was--there is--there ever will be, I am afraid, a

certain touch of moral _nastiness_ about it, which no casuistical

chemistry will ever be able entirely to remove.

Doubtless, there are men, who take something more, during a period of

scarcity, than legal interest, and who are very worthy men withal. There

are others, who are descendants, in the right line, from the horse-leech

of biblical history--who take all they can get. Now, there is but one

category: _they are all usurers_; and those, who are respectable, impart

of their respectability to such, as have little or none; and give a

confidence to those, who would be treated with contempt, for their

merciless gripings, were they not banded together, with men of character,

in the same occupation, as usurers. Those, who take seven or eight per

cent. per annum, and those who take _one per cent. a day_, and such things

have been, are not easily distinguished; but the question, who come within

the category, as usurers, is a thing more readily comprehended. All are

such, who exceed the law.

_Usurer_, originally, was not a term of reproach; for _interest_ and

_usury_ meant one and the same thing. The earlier statutes against usury,

in England, were directed chiefly against the Jews--whose lineal

descendants are still in our midst. Usury was forbidden, by act of

Parliament, in 1341. The rate then taken by the Jews, was enormous. In

1545, 37 Henry VIII., the rate established was ten per cent. This statute

was confirmed by 13 Eliz. 1570. Reduced to eight per cent., 21 James I.

1623, when the word _interest_ was first employed, instead of _usury_.

Again reduced, by Cromwell, 1650, to six per cent. Confirmed by Charles

II. 1660. Reduced to five per cent., 5 Anne, 1714.

There are not two words about it; extortion and usury harden the heart;

soil the reputation; and diminish the quantum of happiness, by lowering

the standard of self-respect. That unconscionable griper, whose god is

Mammon, and who fattens upon misery, as surely as the vulture upon

carrion, stalking up and down like a commercial buzzard, tearing away the

substance of his miserable victim, by piecemeal--_two per cent. a

month_--can he be happy! However much like a human being he may have

looked, in his youth, the workings of his mercenary soul have told too

truly upon his iron features, until that visage would form an appropriate

figure-head for the portal of 'Change alley, or the Inquisition.

--------"Is your name Shylock?

Shylock is my name."

To how many, in this age of _anxious inquirers_, may we hold up this

picture, and propound this interrogatory!

God is just, though Mahomet be not his prophet. Instead of exclaiming,

that God's ways are past finding out, let us go doggedly to work, and

study them a little. Some of them, I humbly confess, appear sufficiently

intelligible, with common sense for an expositor. Does not the All-wise

contriver say, in language not to be mistaken, to such as worship, at the

shrines of avarice and sensuality--you have chosen idols, and your

punishment shall consist, in part, in the ridicule and contempt, which the

worship of these idols brings upon your old age. You--the victim of

intemperance--shall continue, with your bloated lips, to worship--not a

stone image--but a stone jug; and grasping your idol with your trembling

fingers, literally stagger into the grave! And you, though last, not

least, of all vermicular things, whose whole time and intellectual powers

are devoted to no higher object than making money--shall still crawl

along, heaping up treasure, day after day--day after day--to die at last,

not knowing who shall come after you, a wise man or a fool!

"Constant at Church and 'Change; his gains were sure,

His givings rare, save farthings to the poor!

The Dev'l was piq'd such saintship to behold,

And long'd to tempt him, like good Job of old;

But Satan now is wiser than of yore,

And tempts, by making rich, not making poor."

No. XLIX.

Self-conceit and vanity are very pardonable offences, till, stimulated by

flattery, or aggravated by indulgence, they assume the offensive forms of

arrogance and insolence. If we should drive, from the circle of our

friends, all, who are occasionally guilty of such petty misdemeanors, we

should restrict ourselves to the solitude of Selkirk. There are some

worthy men, with whom this little infirmity is an intermittent,

alternating, like fever and ague, between self-conceit and self-abasement.

Like some estimable people, of both sexes, who, at one moment, proclaim

themselves the chief of sinners, and the next, are in admirable working

condition, as the spiritual guides and instructors of all mankind; these

persons, under the influence of the wind, or the weather, or the world's

smiles, or its frowns, or the state of their digestive organs, indicate,

by their air and carriage, today, a feeling, far on the sunny side of

self-complacency, and of deep humility, tomorrow.

William Boodle has been dead, some twenty years. He was my school-fellow.

I would have undertaken anything, for Boodle, while living, but I could

not undertake for him, when dead. The idea of burying Billy Boodle, my

playmate from the cradle--we were put into breeches, the very same

day--with whom I had passed, simultaneously, through all the

epocha--rattles--drums--go-carts--kites--tops--bats--skates--the idea of

shovelling the cold earth upon him, was too much. I would have buried the

Governor and Council, with the greatest pleasure, but Billy Boodle--I

couldn't. So I changed works, that day, with one of our craft, who

comprehended my feelings perfectly.

I never shall forget my sensations, the first time he called me _Mr.

Wycherly_. We had ever been on terms of the greatest intimacy, and had

never known any other words of designation, than Abner and Bill. I was

very much amazed; and he seemed a little confused, himself, when I laughed

in his face, and asked him what the devil he meant by it. But he grew

daily more formal in his manners, and more particular in his dress. His

voice became changed--he began to use longer words--assumed an unusual

wave of the hand, and a particular movement of the head, when

speaking--and, while talking, on the most common-place topics, he had a

way, quite new with him, of bringing down the fore-finger of his right

hand, frequently and forcibly, upon the ball of the uplifted thumb of the

left. He was a leather-breeches maker; and I caught him, upon two or three

occasions, spouting in his shop, all by himself, before a small

looking-glass. He once made a pair of buckskins, for old General

Heath--they did not fit--the General returned them, and Boodle said he

would have them _taken into a new draft_--I thought he was a little

deranged: "taken where?" said the old General. Boodle colored, and

corrected himself, saying he would have them _let out_. He had two turns

of this strange behavior, in one year, during which, he was rather

neglectful of his business, pompous in his family, and talked to his wife,

who was a plain, notable woman, of nothing but first principles, and

political economy. In the intervals between these attacks, he was

perfectly himself again, and it was Abner and Bill, as in former days.

I have often smiled, at my own dullness, in not sooner apprehending the

solution of this little enigma. Boodle was a member of the Legislature;

and the fits were upon him, during the sessions. No man, probably, was

ever more thoroughly confounded, than my old friend, when, it having been

deemed expedient to compliment the leather-breeches interest, the

committee requested him to permit his name to be put upon the list of

candidates, as one of the representatives of the city of Boston, in the

General Court. He could not think of it--the committee averred the utter

impossibility of doing without him--he was ignorant of the duties--they

could be learned in half a day--he was without education--the very thing,

a self-taught man! He consented.

How much more easily we are persuaded to be great men, than to be

Christians! There is but a step from conscious insignificancy to the

loftiest pretension. Boodle was elected, and awoke the next morning, less

surprised by the event, than at the extraordinary fact, that his talents

had been overlooked, so long. He spoiled three good skins that day, from

sheer absence of mind.

However disposed we may be to laugh at the airs of men, who so entirely

misapprehend themselves and their constituents, our laughter should be

tempered with charity. They are not honestly told, that they are wanted,

only as makeweights--to keep in file--to follow, _en suite_--to register

an edict: and their vanity is pardonable, in the ratio of that ignorance

of themselves, which leads them to rely, so implicitly, upon the testimony

of others.

Comparative mensuration is a very popular process, and a very comforting

process, for all, who have made small progress in self-knowledge; and this

category comprehends all, but a very small minority. There are a few, I

doubt not, who think humbly of themselves; but there are very few, indeed,

who cannot perceive, in themselves, or their possessions, some one or more

points of imaginary superiority, over their fellows. This is an

inexpensive mode of enjoying one's self, and I cannot see the wisdom, or

the wit, of disturbing the self-complacency of any one, upon such an

occasion, unless the delusion is of vital importance to somebody. What,

if your neighbor prefers his Dutch domicil, with its overhanging gable, to

your classic chateau--or sees more to admire, in his broad-faced squab of

a wife, than in your faultless Helen--or vaunts the superiority of his

short-legged cob, over your famous blood horse! Let him. Such things

should be passed, with great forbearance, were it only for the innocent

amusement they afford us. So far, however, is this from the ordinary mode

of treating them, that I am compelled to believe vanity is often more apt,

than criminality, to excite our irritable principle, and stimulate the

spirit of resentment.

I have known some worthy men, generous and humane, whose very gait has

rendered them exceedingly unpopular. I once heard a pious and reverend

clergyman say, of one of his very best parishioners, but whose unfortunate

air of hauteur was rather remarkable, that, with all his excellent

qualities, "it would do the flesh good to give him a kick."

From a thousand illustrations, which are all around us, I will select one

only. The anecdote, which I am about to relate, may be told without any

apprehension of giving offence; as the parties have been dead, some thirty

years. A worthy clergyman, residing in a neighboring state, grew old; and

the parish, who entertained the most cordial respect and affection, for

this venerable soldier of the cross, resolved to give him a colleague.

After due inquiry, and a _quantum sufficit_ of preaching on probation,

they decided on giving a call to Parson Brocklebank. He was a little, red,

round man, with a spherical head, a Brougham nose, and a gait, the like of

which had never been seen, in that parish, before. It had not attracted

particular notice, until after he was settled. To be sure, an aged single

lady, of the parish, was heard to say, that she saw something of it, at

the ordination, when Parson Brocklebank stepped forward, to receive the

right hand of fellowship. Suffice it to say, for the reader's particular

edification, that it was indescribable. It became the village talk, and is

thought to have had an injurious influence, in retarding a revival, which

seemed to be commencing, just before the period of the ordination. However

lowly in spirit, the new minister may have been, all who ever beheld him

move, were satisfied, at a glance, that he had a most exalted opinion of

himself. And yet he was an excellent man.

This unfortunate trick of jerking out the hips, and those rotundities of

flesh connected therewith, however it might have originated in "curs'd

pride, that busy sin," had become, with Parson Brocklebank, an

unchangeable habit. We often see it in a slight degree, but, as it existed

in his particular case, it was a thing not known among men. I think I have

seen it among women. Dr. Johnson would have called it a fundamental

undulation, elaborated by the ostentatious workings of a pompous spirit.

Whatever it was, it was fatal to the peace and prosperity of that parish.

Every one talked of it. The young laughed at it; the old mourned over it;

the middle aged were vexed by it; boys and girls were whipped, for

imitating it; children were forbidden to look at it, for fear of their

catching it; the very dogs were said to have barked at it.

The parish began to dissolve, _sine die_. The deacons waited upon their

old clergyman, Father Paybody, and the following colloquy ensued:

"We're in a bad way, Father Paybody; and, if folks keep going off so, we

don't see how we shall be able to pay the salaries.--Dismiss me: I am of

little use now.--No, no, Father Paybody, while there's a potato in this

parish, we'll share it together. We call'd for advice. Ever since Parson

Brocklebank was settled, the parish has been going to pieces: what is the

cause of it?--The shrewd old man shook his head, and smiled.--Parson

Brocklebank is a good man, Father Paybody.--Excellent.--Sound

doctrine.--Very.--Amazing ready at short notice.--Very.--Great at clearing

a knotty passage.--Very.--We think him a very pious Christian.--Very.--In

the parochial relation he is very acceptable.--Very.--I hear he has a

winning way, and always has candy or gingerbread in his pockets, for the

children, which helps the word greatly, with the little ones.--Well,

nearly half our people are dissatisfied, and have left, or will leave

soon. What is the cause of it, Father Paybody?--I will tell you: it's

owing to no other cause under the sun, than that wriggle of Brother

Brocklebank's behind."

No. L.

I sincerely hope, that Daniel H. Pearson, now in prison, under suspicion

of having murdered his wife and twin daughters, at Wilmington, in this

Commonwealth, in the month of April last, may be proved to be an innocent

man. For, should he be convicted, he will certainly be sentenced to be

hung; and it is quite probable, that Governor Briggs, and his iron-hearted

Council may do, as they recently did, in the case of poor Washington

Goode, a most unfortunate man, who, unhappily, committed a most infernal

murder, of which, after an impartial trial, he was duly convicted. Will it

be believed, in this age of improved contrivances, moral and physical,

that the Governor and Council of our Commonwealth have actually refused,

to rush between the sentence and the execution, and save this egregious

scoundrel from the gallows! They have solemnly decided, not to interfere

with the operation of that ancient law of this Commonwealth, which

decrees, that he, who kills his fellow man, with malice prepense, shall be

hanged, by the neck, till he is dead!

It really seems to me, that the time has arrived when Massachusetts should

be governed, by some compassionate person, who will prove himself, upon

such unpleasant occasions, the murderer's friend. I am not unapprized of

the fact, that there is a strong opposition to these opinions, among the

wisest and best men in the community; and that, irrespectively of the

operation of the _lex talionis_ upon the murderer, his death is accounted

necessary, _in terrorem_, for the rest of mankind; as Cicero has

said--"_ut poena ad paucos, metus ad omnes perveniat_"--that the

punishment may reach the few, and fear the many. But Cicero was a heathen.

There are also some individuals, having very little of that contempt for

old wives' tales, which characterizes those profound thinkers, our

interesting fellow-citizens of the Liberty Party, and who still venture,

in these enlightened days, to cite the word of God--WHOSO SHEDDETH MAN'S

BLOOD, BY MAN SHALL HIS BLOOD BE SHED. In the present condition of

society, when there are so very few of us, who do not feel, that we are

wise above what is written, this precept, delivered by God Almighty, to

Noah, appears exceedingly preposterous, greatly resembling some of those

_blue laws_, which were in operation, in the olden time, in a sister

state. What was Noah to Jeremy Bentham! Although I am pained to confess

the shortcomings of Jeremy; for, though he did much to meliorate the

severity of the British penal code, he went not, by any means, to those

happy lengths, which we approve, in shielding the unfortunate murderer

from the halter.

There was a very amiable, old gentleman in England, who lived, through the

times of Charles I., both Cromwells, and Charles II. He was reputed so

wise, and learned, and just, and pious, that his judgment was highly

prized, by all men. He was esteemed the greatest lawyer and the most

upright, in all England; so much so, that, in 1671, he was created Lord

Chief Justice of the realm. I desire to reason impartially, upon this

subject, and therefore admit, that this great and good man, Sir Matthew

Hale, believed death to be a very just punishment, for certain crimes,

inferior to murder. Although Sir Matthew's crude notions are rapidly going

out of fashion, it is but fair, to transcribe his words--"When offences

grow enormous, frequent, and dangerous to a kingdom or state, destructive

or highly pernicious to civil societies, and to the great insecurity and

danger of the kingdom or its inhabitants, severe punishment and even death

itself is necessary to be annexed to laws, in many cases, by the prudence

of lawgivers." In all candor, we must admit, that Sir Matthew Hale was

notoriously the very reverse of a sanguinary Judge. But Sir Matthew's days

were the days of small things. We cannot sufficiently bless the Great

Disposer of human affairs, for raising up the foolish, as He has done, in

these latter days, and in such great numbers withal, to confound the wise.

It is now no longer necessary, as of old, to pursue a particular course of

study, to qualify mankind, for the work of legislation, or the practice of

law, or physic, or the exposition of the more subtle points of religion,

or ethics, or political economy.

This truly is an age of intuition. He, who learns, or half learns, one

profession, is, instanter, competent to perform the duties of all. It is a

heavenly stream of universal light and power, somewhat analogous to the

miraculous gift of tongues. Nothing, in this connection, is more

remarkable, than the rapid turgescence of every man's confidence, in his

own abilities, upon the slightest encouragement, from his neighbor. There

has been scarcely a blacksmith in New England, since the remarkable and

merited success of Elihu Burritt, who, if you ask his opinion of the

efficacy of pennyroyal for the stomach-ache, will not, with your

permission, of course, prescribe for any acute or chronic complaint, with

which you are afflicted. Tailors, in full measure, nine to a man, will

readily solve you a point of theology, which would have been fearfully

approached, by Tillotston or Horne. And, upon this solemn subject of

capital punishment, there is scarcely a man-midwife in the land, who is

not ready, with his instruments, to deliver the community of all their

scruples at once.

This, certainly, is a blessed condition of things, for which we cannot be

sufficiently thankful.

That we may do abundant justice to our opponents, I propose to offer, in

this place, a quotation from the Edinburgh Review, vol. 86, p. 216. The

article is entitled--"_What is to be done with our criminals?_" The

passage runs thus--"Another circumstance, which renders legislation on

this subject peculiarly difficult, is the lamentably perverted

sentimentality, which is extensively diffusing itself among the people,

and which may soon render it problematical, whether any penal code, really

calculated to answer its objects, can be devised; a sentimentality, which

weeps over the criminal, and has no tears to spare for the miseries he has

caused--which transforms the felon into an object of interest and

sympathy, and forgets the innocent sufferers from his cruelty or perfidy.

So far as pity for the criminal is consistent with a more comprehensive

compassion for those he has wronged, and is limited by the necessity of

obtaining them redress and providing for the safety of society--so far as

it prompts to a desire to see the statute-book cleared of every needless

severity, and that no punishments shall be inflicted for punishment's sake

it is laudable.

"But we must, with regret, profess our belief, that it has often far

transcended these limits; and has exhibited itself in forms and modes,

which, if permitted to dictate the tone of our criminal legislation, would

tend to the rapid increase of crime. The people in question belong to a

class, always numerous, who are led by the imagination, and not by their

reason--by emotion rather than reflection. They see the felon in chains,

and they are dissolved in commiseration; they do not stop to realize all

the miseries, which have at last made _him_ miserable--perhaps, in the

present apathy of his conscience, much less miserable than many of those

whom he has injured."

This is from an article, ably written, of some fifty-eight pages,

published in 1847. I give it a place here, lest I should be suspected of

suppressing all arguments, on the other side.

The idea of hanging a murderer, by form of law, instead of placing him for

a few years, in some _anxious seat_, the treadmill or the state prison,

where he might be converted perhaps--cutting him off, in the midst of his

days, without time allowed for repentance, is a terrible thing. I am

perfectly aware, that it will be replied--this is the very thing which he

did for his wretched victim.

We are told, that the highest penalty known to the law is demanded. _All

that a man hath will he give for his life_; and we are opposed, in our

humane endeavors, by the scriptural edict referred to already. It is

averred to be an all-important object in capital punishment, to operate

upon the fears of others, _ut metus_, as we said before, _ad omnes

perveniat_, which would be less likely to be the case, if the halter were

abolished. It is true, that, while there is life, there is hope--hope of

pardon; hope even of a natural and less horrible death; a fond, fearful

hope of cutting the keeper's throat, and escaping from thraldom! How truly

the poor murderer deserves our compassion!

What a revolting spectacle this hanging is! Here, however, I confess, the

answer is complete--nobody, but the functionaries, is suffered to see it.

It is much less of an entertainment, than it was, in the days of George

Selwyn, who was in the habit of feeing the keeper of Newgate, for due

notice of every execution, and a reservation of the best seat, nearest the

gallows. It has been said, that hanging has become more unpopular, since

it ceased to be a public amusement. It may be so--I rather doubt it.

In former times, there were very few inexpensive public amusements, in

Boston, beside the Thursday lectures; and a hanging has always been highly

attractive, in town and country. I well remember, not very many years ago,

while riding into the city, in my chaise, having been compelled to halt,

and remain at rest, for twenty minutes, in Washington, near Pleasant

Street, while the immense mass of men, women and children rushed by, on

their way to the execution of an Irishman, which took place at the

gallows, near the grave-yard, on the Neck. The prisoner was in an open

barouche, dressed in a blue coat and gilt buttons, white waistcoat, drab

breeches, and white top boots, and his hair was powdered. He was

accompanied by Mr. Larrassy, the Catholic priest, and the physician of the

prison.

During the afternoon of July 30, 1794, on the morning of which day the

great fire occurred in Boston, three pirates, brought home in irons, on

board the brig Betsey, Captain Saunders, belonging to Daniel Sargent,

were hung on the Common; and three governors, sitting in their chairs,

would not have drawn half the concourse, then and there assembled.

No. LI.

"Thy Clarence he is dead that stabb'd my Edward;

And the beholders of this tragic play

Untimely smothered in their dusky graves."

There were no humane and gentle spirits, in those days of old, to speak

soft words of comfort in the ears of murderers and midnight assassins.

Poor fellows! after they had let out the last drop of blood, in the hearts

of their innocent victims, and reduced wives to widowhood, and children to

orphanage--after the parricide had plunged the dagger in his father's

heart--after the husband had murdered her, whom he had sworn, under the

eye of God, to love and to cherish--after the wife, with the assistance of

her paramour, had stealthily administered the poisonous draught to her

confiding husband--they were respectively indicted--arraigned--publicly

and deliberately tried--abundantly defended--and, when duly convicted at

last, they were hanged, forsooth, by their necks, till they were dead!

Merciful God! where were the Marys and the Marthas! Was there no political

lawyer, in those days, whom the desire of personal aggrandizement could

induce to befriend the poor, afflicted cut-throat, by which parade of

philanthropy he might ride into notice, as the patriot of the

Anti-capital-punishment party! Was there no tender-hearted doctor, whose

leisure hours, neither few nor far between, might have been devoted to the

blessed work of relieving the murderer, from the gallows, and himself,

from the excruciating misery of nothing to do!

Truly we live in a tragi-comical world. During the late trial of John

Brown, the other day, for the murder of Miss Coventry, at Tolland, in

regard to which the jury could not agree, a requisition arrived from the

Governor of New York, for the prisoner, to answer, for the murder of Mrs.

Hammond.--Dr. V. P. Coolidge, who murdered Matthews, at Waterville,

committed suicide in prison, a few days since.--A precocious boy, eight

years old, has, this month, chopped off the head of his sleeping father,

with an axe, in the town of Lisle, N. Y.--Matthew Wood is to be hung in

New York, June 22, for the murder of his wife.--Alexander Jones is to be

hung, in the same State, on the same day, for arson.--Goode is to be hung

here, in a few days.--On the 27th day of the last month, a man, named

Newkirk, near Louisville, Kentucky, shot and killed his mother, near one

hundred years of age.--On the third day of the present month, Mr. Carroll,

near Philadelphia, murdered his lady, by choking and pitching her down

stairs.--J. M. Riley is to be hung, June 5, for the murder of W. Willis,

in Independence, Tennessee.--Vintner is under sentence of death, for

murdering Mrs. Cooper, in Baltimore.--Elder Enos G. Dudley is to be hung,

in New Hampshire, May 23, for the murder of his wife.--The wife of John

Freedly, of Philadelphia, is now in jail, for helping her husband, to

murder his first wife.--Pearson is now in prison, under charge of

murdering his wife and twin daughters, at Wilmington, in this

Commonwealth, in April last.--Mrs. McAndrew has been convicted of murder,

for killing her sister-in-law, in Madison, Mississippi.--Elisha N. Baldwin

is to be hung, June 5, for the murder of his brother-in-law, Victor

Matthews, at St. Louis.--The girl, Blaisdell, is to be hung, in New

Hampshire, Aug. 30, for poisoning a little boy, two and a half years old.

She was on trial for this act only. She had previously poisoned the

child's grandmother, her friend and protectress, and subsequently

attempted to poison both its parents. This "_misguided young lady_" was

engaged to be married, and wanting cash, for an outfit, had forged the

note of the child's father, for four hundred dollars.

Of Wood's case I know little more, than that he murdered his wife. Surely

he is to be pitied, poor fellow. The case of Elder Enos is deeply

interesting. This worthy Elder took his partner out, to give her a

sleigh-ride, in life and health, and brought home her lifeless body. She

had knocked her head against a tree--such, indeed, was the opinion,

expressed by Elder Enos. He was also of opinion that it was not good for

an Elder to be alone, for one minute; and he exhibited rather too much

haste, perhaps, in taking to himself another partner. The jury were

unanimously of opinion, that Elder Enos was mistaken, and that Mrs. Dudley

came to her death, by the hands of Elder Enos himself. The Elder and the

jury differed in opinion; and therefore, forsooth, Elder Enos must be

hanged by the neck till he is dead! How much better to change this

punishment, for perpetual imprisonment--and that, after a few years of

good behavior, upon a petition, subscribed by hundreds, who care not the

value of a sixpence, whether Elder Enos is in the State Prison, or out of

it, for a pardon. Then the church will again be blessed with his services,

as a ruling Elder; and the present Mrs. Dudley may herself be favored with

a sleigh-ride, at some future day.

The case of the "_misguided_" Miss Blaisdell is truly affecting. It is

quite inconceivable how the people of New Hampshire can have the heart to

hang such an interesting creature by the neck, till she is dead. I am of

opinion, that the remarks, with which Judge Eastman prefaced his sentence,

must have hurt Miss Blaisdell's feelings. It seems that she only made use

of the little innocent, as aeronauts employ a pet balloon, to try the wind.

She wished to ascertain, if her poison was first proof, before she tried

it, upon the parents. Although it had worked to perfection, upon the old

lady, Miss Blaisdell, who appears to have acted with consummate prudence,

was not quite satisfied of its efficacy, upon more vigorous constitutions.

It is quite surprising, that Judge Eastman should have talked so unkindly

to Miss Blaisdell, in open court--"_An experiment is to be made; the

efficiency of your poison is to be tried; and the helpless innocent boy is

selected. He is left in your care, with all the confidence of a mother. He

plays at your feet, he prattles at your side. You take him up, and give

him the fatal morphia; and, when you see him sicken and dizzy, and

stretching out his little arms to his mother, and trying to walk, your

heart relents not. May God soften it._" What sort of a Judge is this, to

harrow up the delicate feelings of "_a misguided young lady_" after this

fashion!

It has been proposed, by a medical gentleman, whose philanthropy has

assumed the appearance of a violent eruption, breaking out in every

direction, that, if this abominable punishment, this destruction of life,

which God Almighty has prescribed, in the case of murder, must continue to

be inflicted, the "_misguided young ladies_" and "_unfortunate men_," who

commit that crime, shall be executed under the influence of ether. This

may be considered the happiest suggestion of the age. A tract may be

expected from the pen of this gentleman, ere long, entitled "Crumbs of

comfort for Cut-throats, or Hanging made easy." Jeremy Bentham gave his

body to be dissected, for the good of mankind. Oh, that this worthy

doctor, who has struck out this happy thought of hanging, under the

influence of ether, would _verify the suggestion_!

There are some individuals, who had rather be hanged, than talked to, in

such an unfeeling manner, as Judge Eastman talked to the unfortunate and

misguided Miss Blaisdell: it has therefore been decided to improve, upon

the suggestion of hanging murderers, under the influence of ether; and we

propose to apply for an act, authorizing the sponge to be applied to the

nostrils of the condemned, by the clerk _ex officio_, during the time,

when the judge is pronouncing the sentence. The time of the murderer is

short, and there are many little comforts, and even delicacies, which

would greatly tend to soften the rigor of his imprisonment. We have it,

upon the testimony of more than one experienced keeper of Newgate, that,

with some few exceptions, the appetite of the misguided, who are about to

be hanged, is remarkably good.

I fully comprehend the objections, which will be made to the use of ether,

and granting such other little indulgences, to those, who are about to be

sentenced, or are already condemned to be hanged. The Ciceronian

argument,--_ut metus ad omnes perveniat_, will be neutralized. How many,

it will be said, are now upon the earth, without God in this world,

without the least particle of religious sensibility, disappointed men,

desperate, degraded, men of utterly broken hopes, broken hearts, and

broken fortunes, to whom nothing would be more acceptable, than an easy

transition from this wide-awake world of pain and sadness to that region

of negative happiness, which they anticipate, in their fancied state of

endless oblivion beyond. They may be, nevertheless, disturbed, in some

small degree, _in articulo_, by that indestructible doubt, which hangs

over the mind, even the mind of the most sceptical, and deepens and

darkens as death draws near,--SUPPOSE THERE SHOULD BE A GOD!--what then!

They are therefore unwilling to cut their own throats, however willing to

cut the throats of other people. But, if the State will take the

responsibility, and furnish the ether, there are not a few, who would very

complacently embrace the opportunity.

That fear, which it is desirable to keep before the eyes of all men, say

our opponents, is surely not the fear of the easiest of all imaginable

deaths--the fear of meeting, not the King of terrors, but the very thing,

which all men pray for, a placid exit from a world of care--a welcome

spirit--an _etherial_ deliverer. On the contrary, we wish, say they, to

hold up to the world the fear of a terrible, as well as a shameful death:

and we desire to give a certainty to this fear, which we cannot do, while

the frequent exercise of the power of commutation and of pardon teaches

that portion of our race, which is fatally bent upon mischief, that the

gibbet is nothing but a bugbear; and that, let them commit as many

murders, as they will, there is not one chance, in fifty, of their coming

to the gallows, at last.

It is not easy to answer this argument, upon the spur of the moment; and

it has been referred to a committee of our society, with instructions to

prepare a reply, in season for the next execution.

We have the satisfaction of knowing, that no efforts have been spared by

us, to save Washington Goode, one of the most interesting of murderers,

from the gallows. We have endeavored to get up an excitement in the

community, by posting placards, in numerous places--"A MAN TO BE HANGED!"

By this we intended to put an execution upon the footing of a puppet-show

or play, and thereby to excite the public indignation. But, most

unfortunately, there is too much common sense among the people of Boston,

and too little enthusiasm altogether, for the successful advancement of

our philanthropic views. However, importunity, if we faint not, will

certainly prevail. The right of petition is ours. Let us follow, in the

steps of Amy Darden and William Vans. The Legislature, at their last

session, indefinitely postponed the consideration of the subject of the

abolition of capital punishment. The Legislature is made of flesh and

blood, and must finally give way, as a matter of course.

It cannot be denied, that gentlemen make use, occasionally, of strange

arguments, while opposing our efforts, in favor of those _misguided_

persons, who _unfortunately_ commit rape, treason, arson, murder, &c. A

few years since, when a bill was before our House of Representatives, for

the abolition of capital punishment, in the case of rape, while it was

proposed to retain it in the case of highway robbery--"Let us go home, Mr.

Speaker," exclaimed an audacious orator, "and tell our wives and our

daughters, that we set a higher value upon our purses, than upon the

security of their persons, from brutal violation."

No. LII.

To my anonymous correspondent who inquires, through the medium of the

post-office, in what respect my "dealings with extortioners" can fairly be

entitled "_dealings with the dead_," I reply, because they are _alive_

unto sin, and _dead_ unto righteousness.

In Lord Bacon's Life of Henry VII., London edition of 1824, vol. v. 51,

the Lord Chancellor Morton says to the Parliament--"His Grace prays you to

take into consideration matters of trade, as also the manufactures of the

kingdom, and to repress the bastard and barren employment of moneys to

usury and unlawful exchanges, that they may be, as their natural use is,

turned upon commerce, and lawful, and royal trading." Henry VIII. came to

the throne, in 1509, and the rate of interest was fixed, in 1545, the 37th

of that king's reign; and that rate was ten per cent. per annum. Before

that time, no Christian was allowed to take interest for money; and the

Jews had the matter of usury, all to themselves. It was shown, before

Parliament, that, in 1260, two shillings was the rate, demanded and given,

for the loan of twenty shillings for one week; and Stowe states, that the

people were so highly excited against the Jews, on account of their

extortion, as to massacre seven hundred of them, in London, in 1262. In

1274, a law was passed, compelling every Jew, lending money on interest,

to wear a plate on his breast, signifying, that he was an usurer, or to

quit the realm. What an exhibition we should have, in State Street, and

the alleys, if this edict should be revived, against those, whose

uncircumcision would avail them nothing, to disprove their Levitical

propinquity.

In 1277, two hundred and sixty-seven Jews were hung, in London, for

clipping the coin. Their usurious practices, at last, so highly

exasperated the nation, that, according to Rapin, Lond., 1757, vol. iii.

246, 15,000 were banished the realm, in 1290. They had obtained great

privileges from King Edward; but, says Rapin, "lost all these advantages,

by not curbing their insatiable greediness of enriching themselves, by

unlawful means, as usury, &c." I find Sir Edward Coke denies the fact of

their banishment. His version is this: "They were not banished, but their

usury was banished, by the statute, enacted in this parliament, and that

was the cause they banished themselves into foreign countries, where they

might live by their usury; and because they were odious to the nation,

that they might pass out of the realm in safety, they made a petition to

the king, that a certain day might be prefixed for them to depart the

realm, that they might have the king's writ to his sheriffs, for their

safe conduct." 2d Institute, 507. Hume, nevertheless, Oxford ed., ii. 210,

reaffirms the statement of Rapin.

Hume says, ibid., the practice of usury was afterwards carried on, "by the

English themselves upon their fellow-citizens, or by the Lombards and

other foreigners;" and he adds--"It is very much to be questioned, whether

the dealings of these new usurers were equally open and unexceptionable

with the old." Perhaps it may be questioned, whether the community would

not fare better, at the present day, if some of the circumcised could be

imported hither, from the Jews' Quarter, in Istampol. The following remark

of Hume, on the same page, is of importance to the political

economist:--"But as the canon law, seconded by the municipal, permitted no

Christian to take interest, all transactions of this kind must, after the

banishment of the Jews, have become more secret and clandestine, and the

lender, of consequence, be paid both for the use of his money, _and for

the infamy and danger, which he incurred by lending it_." This is not from

Aristotle, nor one of the school divines, but from David Hume, whose

liberality is sufficiently notorious.

The English usurers, in those days, were more excusable, because they were

not permitted to take _any interest whatever_, for the loan of money,

while money lenders here have not the same excuse for being usurers, as

they may lawfully take six per cent. per annum, or one per cent. above the

legal rate of Great Britain, as established in 1714, the 13th of Queen

Anne, and which has remained unaltered, to the present day.

I have heard of a fellow, who, upon being asked, after conviction of

larceny, if he did not regret his conduct, replied, with an air of great

sincerity, that he certainly did--for, instead of stealing a few pieces of

gold, as he had done, he might easily have stolen enough, to bribe the

court and jury. The Jews were wiser in their day and generation--they

never suffered themselves to be placed in a predicament, which might cause

them to suffer from any such regret. For many years, there subsisted a

delightful understanding, between them and Edward I. Longshanks.

Longshanks granted them many and various indulgencies; by his permission,

they even had a synagogue in London. On their part, they were willing to

relieve the necessities of Longshanks. In short, Longshanks was,

vicariously, and upon the principle, that _qui facit per alium facit per

se_, the very Apollyon of all usurers. He countenanced the extortion of

the Jews, and shared the spoils. Sir Edward Coke, in his Second Institute,

506, states that, in seven years, covering portions of the reigns of Henry

III. and Edward I., the Crown had four hundred and twenty thousand pounds,

fifteen shillings, and four pence from the Jews.

After treating of the advantages and disadvantages of taking interest, on

money loans, and arriving at the sensible conclusion, that it is

impossible for society to get along without them, Lord Bacon remarks, ii.

354--"Let usury (the term for interest in those days) in general be

reduced to five in the hundred, and let the rate be proclaimed to be free

and current: and let the State shut itself out to take any penalty for the

same. This will preserve borrowing from any stop or dryness. This will

ease infinite borrowers in the country, &c." Lord Bacon was therefore in

favor of an universal rate of interest, established by law. Of usury, in

the opprobrious sense of the word, the taking of excessive and unlawful

interest, this great man speaks in his tract on Riches, ii. 340, in no

very complimentary terms--"Usury is the certainest means of gain, though

one of the worst, as that whereby a man doth eat his bread, in _sudore

vultus alieni_," by the sweat of another's brow.

I have heard it said of a rural governor of Massachusetts, now sleeping

with his fathers, that, although addicted to the practice of virtual

usury, he scrupulously abstained from lending money, at any rate, beyond

six per cent. It became a by-word, in his district, however, when a farmer

became straitened for a little money, and was inquiring among his

neighbors--_that it was quite likely his excellency might have a yoke of

cattle, that he did not care to winter over_! The cattle were sold at a

high price to the needy man, who sold them forthwith, at auction, or

otherwise, for a small one, giving the worthy governor his note in

payment, and a mortgage on his farm, if required. The note was payable in

six months, or a year, with "lawful interest."

This moral manoeuvre appears to have been of ancient origin. There is the

draught of a law for the punishment of it, in Lord Bacon's works, iv. 285.

The preamble runs thus--"Whereas it is an usual practice, to the undoing

and overthrowing of many young gentlemen and others, that where men are in

necessity, and desire to borrow money, they are answered, that money

cannot be had, but that they may have commodities sold unto them, upon

credit, whereof they may make money, as they can: in which course it ever

comes to pass, not only that such commodities are bought at extreme high

rates, and sold again far under foot, at a double loss; but also that the

party which is to borrow, is wrapt in bonds and counter bonds; so that

upon a little money, which he receiveth, he is subject to penalties and

suits of great value." Then follows the statute, taking away legal remedy,

and punishing the broker or procurer with six months' imprisonment, and

the pillory.

It has been commonly understood, that, before the act of 37th Henry VIII.,

though Christians were forbidden to take any interest for money, the Jews

were not restrained; yet Lord Chief Baron Hale, Hard. 420, says that

Jewish usury was forbidden, at common law, being forty per cent. and

upwards, per annum, but no other. Lea, C. J., Palm. 292, says, that the

usury, condemned at common law, was the "_biting usury_" of the Jews. To

comprehend this expression, it must be understood, that, among the Jews,

of old, there were two Hebrew words, signifying _usury_, _terebit_, which

meant simply _increase_, and _Neshec_, which meant _devouring_ or _biting

usury_. Of this distinction, an account may be found in Calmet, vol. iii.

Fragment 46.

When the statute of James I. was passed, in 1623, reducing the rate from

ten to eight per cent., Orde says, in his Law of Usury, p. 5, that the

Bishops "would not, at first, agree to it, for the sole reason, that there

was no clause that disgraced usury, as in former statutes; and then the

clause at the end of that statute was added, for their satisfaction."

Usury was punished more severely in France, than in England. For the first

offence, the usurer "was punished by a public and ignominious

acknowledgment of his offence, and was banished. His second offence was

capital, and he was hanged." Coke's 3d Institute, 152.

No. LIII.

Our society, whose object is nothing less than the entire and unqualified

abolition of capital punishment, have derived the greatest advantage, from

an ample recognition of the rights of women--not only by a free

participation of counsel with the softer sex, after the example of certain

other societies, the value of whose services can never be understood, by

the present generation; but by assigning equally to both sexes, all

offices of honor and trust. We have adhered to this principle, with the

most perfect impartiality, in the composition of our committees. Thus, our

committee, for visiting the condemned, consists of the Rev. Mr. Puzzlepot,

and the five Miss Frizzles--the committee on public excitement, prior to

an execution, consists of Dr. Omnibus, Squire Farrago, Mrs. Pickett, and

her daughters, the Misses Patience and Hopestill Pickett. In like

proportion, all our committees are constructed.

We think proper, in this public manner, to express our warmest

acknowledgments to Mrs. Negoose, Madam Moody, and Squire Bodkin, for their

able report, on the iniquity of presumptive or circumstantial evidence.

The notes, appended to this report, are invaluable--their authorship

cannot be mistaken--every individual, acquainted with the peculiar style

of the gifted author, will recognize the powerful hand of the justly

celebrated Mrs. Folsom.

This committee are of opinion, that, under the show or pretence of

punishing murder, our legal tribunals are constantly committing it. They

_presume_, forsooth, that is, they guess, that the prisoner is guilty, and

therefore take the awful responsibility of hanging him by the neck, till

he is dead! This, says Mrs. Negoose, is _presumption_ with a vengeance.

The committee refer to the statement of Sir Matthew Hale, as cited by

Blackstone, iv. 358-9, that he had known two cases, in which, after the

accused had been hung for murder, the individuals, supposed to have been

murdered, had re-appeared, in full life. Upon this, the committee reason,

with irresistible force and acumen. How many judges, say they, there have

been, since the world began, we know not. _Two cases_, in which innocent

persons were executed, on presumptive or circumstantial evidence, are

proved to have occurred, within the knowledge of _one judge_. It is

reasonable, say the committee, to conclude that, at a moderate

calculation, _three cases_ more, remaining undiscovered, occurred within

the jurisdiction of that _one judge_. Now, we have nothing to do, but to

ascertain the number of judges, who have ever existed, and then multiply

that number by _five_; and thus, say the committee, "by the unerring force

of figures, which cannot lie, we have the sanguinary result." "Talk not of

ermine," exclaims Mrs. Negoose, the chairwoman of the committee, in a gush

of scorching eloquence, "these blood-stained judges, gory with the blood

of the innocents, let them be stripped of their ermine, and robed with the

skins of wild cats and hyenas."

It has excited the highest indignation in the society, that Sir Matthew

Hale, who has ever borne the name of a humane and upright judge, should

have continued to decide questions, involving life, upon circumstantial

evidence, after the cases, referred to above, had come to his knowledge,

and in the very same manner, that he had been accustomed to decide them,

in earlier times. Mrs. Moody openly expresses her opinion, that he was no

better than he should be; and Squire Bodkin only wishes, that he could

have had half an hour's conversation with Sir Matthew. The only effect,

produced upon the mind of Sir Matthew Hale, by these painful discoveries,

seems to have been to call forth an expression of opinion, that

circumstantial evidence should be received with caution; and that, in

trials for murder and manslaughter, no person should ever be convicted,

till the body of the individual, alleged to have been killed, had been

discovered.

An opinion, often repeated, as having been expressed by Chief Justice

Dana, after the conviction of Fairbanks, for the murder of Miss Fales, at

Dedham, in 1801, has frequently been a topic of conversation, among the

members of our society, and Mrs. Negoose is satisfied, that if Chief

Justice Dana expressed any such opinion, he must have been out of his

head. Fairbanks was convicted and hung, on circumstantial evidence

entirely. The concatenation, or linking together, of circumstances, in

that remarkable case, was very extraordinary.

The sympathy for Fairbanks was very great, and began to exhibit itself,

almost as soon, as the spirit had fled from the body of his victim. After

his condemnation, his zealous admirers, for such they seemed to be,

assisted him successfully, to break jail. He was retaken, on the borders

of Lake Champlain; and, as the jail in Boston was of better proof, than

the jail in Dedham, he was committed to the former. The genealogy of

Fairbanks was shrouded in a sort of mystery. Ladies, of respectable

standing, visited him, in his cell, and one, in particular, of some

literary celebrity, in our days of small things, was supposed to have

supplied him with a knife, of rather expensive workmanship, for the

purpose of self-destruction. This knife was found upon his person, after

her visits. There was no positive proof, to establish the guilt of Jason

Fairbanks--not a tittle. Yet a merciless jury found him guilty, by a

process, which our society considers mere _guess work_,--and after the

execution, Judge Dana is reported to have said, that he believed Fairbanks

murdered Miss Fales, more certainly, from the circumstantial evidence,

produced at the trial, than if he had had the testimony of his own

eyesight, at a short distance, in a dusky day. What sort of a Judge is

this? cried Mrs. Negoose--sure enough, exclaimed Madam Moody.

I have no objection to give our opponents all the advantage, which they

can possibly derive from a full and fair exposition of their arguments.

When a witness, for example, swears, directly and unhesitatingly, that he

saw the prisoner inflict a wound, with a deadly weapon, upon another

person--that he saw that other person instantly fall, and die shortly

after, this is _positive evidence of something_. Yet the act may be

murder, or it may be manslaughter, or it may be justifiable homicide.

Murder consists of three parts, the malice prepense, the blow inflicted or

means employed, and the death ensuing, within a time prescribed by law.

There can be no _murder_, if either of these parts be absent. Now, it is

contended, by such as deem it lawful and right to hang the unfortunate,

misguided, upon circumstantial evidence, that, however _positive_ the

evidence may be, upon the two latter points--the act done and the death

ensuing--it is necessary, from the nature of things, in every case to

depend on _circumstantial_ evidence, to prove the malice prepense.

One or more of the senses enable the witness to swear positively to either

of the two latter points. But the malice prepense must be _inferred_, from

words, deeds, and _circumstances_. Upon this Dr. Omnibus sensibly

observes, that this very fact proves the impropriety of hanging upon all

occasions: and Mrs. Negoose remarks, that she is of the same opinion, on

the authority of that ancient dictum, the authorship of which seems to be

equally ascribed to Solomon and Sancho Panza--that "_circumstances_ alter

cases."

It is really surprising, that so grave and sensible a man, as Mr. Simon

Greenleaf, should have made the remark, which appears on page 74, vol. i.,

of his Treatise on Evidence,--"_In both cases_ (civil and criminal) _a

verdict may well be founded on circumstances alone; and these often lead

to a conclusion far more satisfactory than direct evidence may produce_."

Mr. Greenleaf refers, for illustration of this opinion, to the case of

Bodine, N. Y. Legal Observer, vol. iv. p. 89, et seq. Lawyer Bodkin's work

on evidence will, doubtless, correct this error.

Let us reason impartially. Compunction, in a dying hour, we cannot deny

it, has established the fact, that innocent persons have been hung, now

and then, upon _positive_ evidence, the false witness confessing himself

the murderer, _in articulo mortis_. Well, says Madam Moody, here is fresh

proof of the great sinfulness of hanging.--To be sure.--But let our

opponents have fair play. A. is found dead, evidently stabbed.--B. is

seized upon suspicion.--C. heard B. declare he would have the heart's

blood of A.--D. saw B. with a knife in his hand, ten minutes before the

murder.--E. finds a knife bloody, near the place of the murder.--F.

recognizes the knife as his own, and by him lent to B. just before the

time of the murder.--G. says the size of the wound is precisely the size

of the knife.--H. says, that, when he arrested B. his hand and

shirt-sleeve were bloody.--I. says he heard B. say, just after the murder,

"I've got my revenge." In the case supposed, C. D. E. F. G. H. and I.

swear _positively_, each one to a particular fact. Here are seven

witnesses. Here then is a chain of evidence, whereof each witness

furnishes a single link. It is the opinion of Peake, Chitty, Starkie,

Greenleaf, and all other writers, on the law of evidence, that this chain

is often as strong or stronger, than it would be, were it fabricated by

one man only. I will not deny, that Dr. Omnibus and Mrs. Negoose think

differently.

An extraordinary example of circumstantial evidence, in a capital case,

was related by Lord Eldon. A man was on trial for murder. The evidence

against him, which was wholly circumstantial, was so very insufficient,

that the prisoner, confident of acquittal, assumed an air of easy

nonchalance. The officer, who had arrested the prisoner, and conducted the

customary search, had exhibited, in court, the articles, found upon his

person, at the time of his capture--a few articles of little value, and,

among them, a fragment of a newspaper. The surgeon, who examined the body

of the victim after death, produced the ball, which he had extracted from

the wound, precisely as he found it. Enveloped in a wrapper of some sort,

and with the blood dried upon it, it presented an almost unintelligible

mass.

A basin of warm water was brought into court--the mass was softened--the

wrapper carefully detached--it was the fragment of a newspaper, and fitted

like the counterpart of an indenture to the fragment, taken by the officer

from the prisoner's person. He was hung. Dear me! says Mrs. Negoose, what

a pity!

I regret to learn from the late London papers, that Mr. Horace Twiss is

recently dead. No one, I am confident, will fail to join in this feeling

of regret, who has enjoyed, as I have done, the perusal of his truly

delightful work, "The Public and Private Life of Lord Chancellor Eldon."

No. LIV.

A pleasant anecdote is related by Nichols, of Dean Swift, who, when his

servant apologized for not cleaning his boots, on a journey, because they

would soon be dirty again, directed him to get the horses in readiness

immediately: and, upon the fellow's remonstrance, that he had not eaten

his breakfast, replied, that it was of little consequence, as he would

soon be hungry again.

The American Irish are, undoubtedly, a very sweet people, when they are

thoroughly washed; but they rarely think of washing themselves or their

children--they are so soon dirty again. Hydrophobia is an Irish epidemic;

and there are also some of the Native American Party, I fear, who have not

been into water, since the Declaration of Independence.

When Peter Fagan applied to me, a few days since, to read for him a

letter, from his cousin, Eyley Murphy, of Ballyconnel, in the county of

Cavan, he was so insufferably filthy, that I gave him a quarter of a

dollar, to be spent in sacrificing to the graces, that is, in taking a

warm bath. While he was absent, I examined the letter; and found it to be

a very interesting account of the execution of Fagan's fourth cousin,

Rory Mullowny, for murder. As I thought its publication might be of

importance here, at this time, I obtained Mr. Fagan's permission to place

it before the community. I was, at first, disposed to correct the

spelling, and give it rather more of an English complexion, but have, upon

the whole, decided to publish it, as it is. Fagan tells me, that Eyley

Murphy was the daughter of the hedge school-master, at Ballyconnel. The

letter is written in a fair hand, and directed, "For Misther Pether Fagan,

these--Boston, Capital of Amerriky."

Ballyconnel, Cavan, March 19, 1849.--Fagan dear, bad news and thrue for ye

it is; Rory Mullowny, your own blood cousin o' the forth remove, by the

mither's side, was pit up yestreen for the murther o' Tooley O'Shane, and

there was niver a felly o' all that's been hung in Ballyconnel, with sich

respictable attindance. The widdy Magee pit the divle into both the poor

fellies, no more nor a waak arter the birril o' her forth husband, and so

she kipt a flarting wid the one and the tither, till she flarted um out o'

the warld this away.

Poor Rory--what a swaat boy he was--jist sax foot and fore inches in his

brogans--och, my God! it's myself that wush'd I'd bin pit up along wid im.

But he's claan gane now; whin we was childer togither how we used to

gather the pirriwincles by the brook, and chase the fire-flaughts in the

pasture o' a June evening--och my God--Pether--Pether--but there's no use

waaping anyhow, so I'll be telling ye the shtory.

Poor Mullowny was found guilty o' what they call sircumstanshul ividunce.

A spaach it was he made whin the cussid sherry was pittin im up, and he

swore he died more innisent o' the crime nor the mither o' God, and he

called God to witness what he sed. Himself it was that was rather hasty

onyhow, in makin a confission to father Brian Bogle o' this very murther,

and some other small mathers, a rape or too, may be, and sich like.

But the socyety that's agin pittin a body up--God bliss their sowls--they

perswaded im to spaak at the gallows, and till the paaple how it was, and

they rit im a spaach, in wich he toult 'em a body's last wull was the only

wull that was gud in the law, and sure it was a poor body's last words and

dyin spaach that was gud anunder the tree. And whin he had dun, the cursed

divelsbird o' a sherry, wid a hart as coult as bog mud, swung im off in a

minnit. It was himsilf was spaakin; and I jist pit my apurn to my face to

wipe aff the saut wather, whin I heerd a shreek and a howl, louder and

wilder nor ten thousand keenas at a birril, whin I lookd up and saw poor,

daar Mullowny a swingin in the air. The like o' that yersilf niver saad,

Pether Fagan, nor the mither that brot ye into this world o' care and

confushon. The wimmin scraamed loud enuff to friten the little childer

claan away in Ballymahon. The min swung their shillalies owr their heds.

Father Brian Bogle was crossing himself, and a stone hurld by Jimmy

Fitzgerald at the infarnal sherry, knocked father Bogle's taath down his

throte. By the same token ye see, they was pit in for im the dee afore at

considerable cost. Father Brian fell back, head foremost, ye see, on top

o' Molly Mahoney's little bit table o' refrishments, and twas the wark o'

a minnit.

Molly, who jist afore was wall to do in the warld, was a brukken marchant,

immadiately, all claan gane; tumblers o' whiskey, cakes, custards, and

cookies was all knocked in the shape o' bit o'chalk; and all the pennies

she had took since bick o'dee--for more nor ten thousan was on the spot to

see poor Rory pit up afore dee--was scattered and clutched up, by hunders

o' little childher that was playing prop and chuck farding anunder the

gallus. A jug o' buthermilk was capsized ower the widdy Magee's bran new

dress, that was made for the hanging precesely, and ruinated it pretty

considerably intirely. It was not myself that pittied the hussy--she to be

there, as naar to the gallus as she could squaze hersel, and the very

cause o' the dith o' poor Rory, and Tooley O'Shane into the bargin.

Och, Fagan, niver ye see was the likes o' it in Ballyconnel afore. Whin

the sherry was for cuttin the alter and littin the corps o' poor, daar

Mullowny down into the shell, that was all riddy below, the Mullownys

swore they would have the body, for a riglar birrill, and a wake, and a

keena, ye see--and the O'Shanes swore it should go to the risirictioners,

to be made into a menotomy. Then for it, it was--sich a cursin and swaring

and howling--sich a swingin o' shillalies, sich a crackin o' pates, sich

callin upon Jasus and the blissid mither, sich a scramin o' wimmin and

childer, niver was herd afore in county Cavan. The sherry he gat on Molly

Mahoney's little table to read the ryot act, and whin he opunt his mouth

Phelim Macfarland flung a rottun egg atwaan his taath preceesly, and brot

im to a spaady conclushon.

Poor Rory's vinrable oult mither was carried aff and murthered in the side

o' the hid, wid a stone mint for the sherry, o' which she recovered

diricly. They tried to kaap her quiet in her shanty, but she took on so

gravous, that they let her attind the pittin up--poor ould sowl--she sed

she had attinded the last moments o' her good man, and both her childer,

Patrick and Pether, whin they wur pit up the same way, and it was not the

like o' her to hart poor daar Rory's faalings onyhow.

Dolly Macabe was saved by a myrrikle, ye see. She took out wid her her

siven childer, leading little Phelim by the hand, wid her babe at the

brist, and hersilf in a familiar way into the bargin. She was knocked ower

and trampled under the faat o' the fellies as was yellin and fitin, and

stunted out o' her raason intirely. Only jist think o' it, Fagan daar,

when she kim too, not one o' the childher was hart in the laast, nor Dolly

naather; and the first thing she asked wos, whose was the two swaat babes,

lyin together, and they toult her they war her own. Ye see, Patrick

O'Shane and some more trod upon Dolly Macabe and hastened matters a

leetle, and she was delivered o' twins, widout knowin anything about it.

They gied her a glass o' whiskey, and O'Flaherty, the baker, pit the swaat

babes in his brid cart, and Dolly, who priffird walking, wint home as well

as could be expected. All the Macabes have ixcillint constitushons, and

make no moor o' sich thrifles, than nothing at all.

But its for tellin the petiklars I'm writin. As I toult ye, twas about the

widdy Magee. Rory toult more nor fifty, for a waak afore, that he'd have

Tooley's hart's blood. When Tooley was found, it was ston ded he was, and

his hed was bate all to paces, and Rory was o' tap o' im houltin im by the

throte, wid a shillaly nigh by, covered wid blud, and the blood was rinnin

out o' his eyes, and nose, and aars. Lawyer McGammon definded Rory, the

poor unfortunit crathur, and he frankly admitted, that it was onlocky for

him to be found jist that away, but he toult the jewry, that as he hoped

for salvashun, Rory was an innysunt man, and he belaaved the foreman as

guilty nor he. He brot half Ballyconnel to prove that Tooley was liable to

blaad fraly at the nose, and was apt to have a rush o' blood to the hed,

and he compared Rory to the good Summeritan, and sed he was there by the

marest axidunt in the warld, and was tryin to stop the flow o' blud by

houltin Tooley by the throte.

As to the bloody shillaly, McGammon brot more nor twenty witnesses, and

ivery one a Mullowny, to sware it was more like Tooley's own shillaly nor

two paas in a pud; and then he had three lunatic doctors, they call'd em,

to prove that the O'Shane's were o' the silf-distructive persuashun. As to

what Rory had sed about havin Tooley's hart's blud, lawyer McGammon provd

that it was a common mode o' spakin in Ballyconnel and all owr the

contree, among frinds and neybors, and thin he hinted, in a dillikit wey,

that all the Mullownys wuld be after sayin that virry same thing o' the

jewry, if thay brot Rory to the gallus by thair vardic, and that he was

guilty o' nothin but circumstanshul ividunce. But the jewry brot in the

poor felly guilty o' murther, and its all owr wid poor Rory.

It's no more I can rite--Your sister Betty Macnamarra has nine fine boys,

at thraa births it is. From yours ever till the dee,

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