lics,' says one, ' denied his Master;' and the man' after God's own heart' was saved from a terrible death only by his royal right of sinning. The first effusions. of devotional feeling ever perused were written by a repenting murderer. Had the policy which doomed even the worst of criminals to the scaffold, as incapable of correction, been pursued in this melancholy case, the world would have been deprived of the most affecting example of holy penitence and of divine mercy; of the clearest prophecies of a suffering Messiah; of the sweetest consolations that can animate hope or relieve despair; and one of the greatest characters of sacred history sent, covered with guilt and disgrace, to the bar of the Almighty.'

We earnestly and affectionately, in view of all these facts, beseech you to think deeply and solemnly on this awful subject; awful in reference to the present, but more so in reference to the future. If it appears that the criminal is converted, then, surely, you will not cut him off, for he may become again a blessing to the community. If he remain impenitent, surely, then, you will not seal his everlasting misery. If Capital Punishment multiplies murders, as we have proved, then, surely, you will not send any more murdered. victims to hell!

ESSAY X.

IRREMEDIABILITY

The argument-Indifference of Paley and Hudson-Case of a surgeon and his servant-Confession not a proof-Instances in England and in Vermont-Complaining for gain-Noticed by parliament-Burkites-Liability of witnesses-Difficulty of disproving a certain charge-Rape-Innocent condemned-Forty-eight hours for criminals after sentence, in England-Property considered more valuable than life-Mock charge of a villain-Trial of the Knapp's-Singular remark of Daniel Webster-Execution of the innocent-Innkeeper-A farmer-Instances given by Mrs. Child, Smollet and O'Connell.

Truth lifts up the veil with which probability had enveloped her— but she appears too late! The blood of the innocent cries aloud for vengeance against the prejudice of his judge, and the magistrate passes the rest of his life in deploring a misfortune which his repentance cannot repair.' CHANCELLOR D'AGUESSEAU.

AMONG the various arguments that may be urged in favor of our views, that of the Irremediability of Capital Punishment appears to the writer to be the most cogent and convincing. As we have pursued our labor, from day to day, facts of this nature have multiplied, till what appeared at first to be the easiest part of our work, has become the most difficult. Every author knows that the labor of condensing is often more difficult than the attainment of the fact; and that it requires more time to shorten a work than to extend it. We have adopted two rules as our guide. 1. Not to rely on the testimony of prisoners themselves. 2. To present only those cases where execution had actually taken place.

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We have been somewhat surprised at the small influence which facts of this nature have had on those who favor the punishment of death. Paley says, 'He who falls by a mistaken sentence, may be considered as falling for his country, whilst he suffers under the operation of those rules by the general effect and tendency of which the welfare of the community is maintained and upheld.' Rev. Charles Hudson, a member of the senate, in 1838, says, 'Though the objection may appear plausible, we think it entitled to but little weight.' An orthodox writer says, 'When an innocent man suffers, all that can be said is, that Providence. has seen fit to take away, by a painful exit, one, whom a few years more would have necessarily carried to the tomb.' How coolly the whole matter is turned off! How easy to philosophize and act the patriot for others! How easy to arm ourselves with topics of consolation, and reasons for enduring with fortitude evils to which we think we are not exposed!

In approaching this subject, we have felt a solemnity which is almost too great to allow us to proceed. When we consider how much is embraced in that expression, 'the glorious uncertainty of the law,' we hardly feel safe even while pursuing the most laudable calling; for many have fallen even while engaged in works of humanity. The following case presents this subject in a strong light. In view of such facts, where is human safety so long as the punishment of death exists upon the statute book?

A SURGEON CHARGED WITH THE MURDER OF HIS SERVANT.

A gentleman was tried in Dublin on the 24th of May, 1728, charged with the murder of his maid servant. An opposite neighbor saw him admitted into his house about ten at night, by his ser

vant, who opened the door, holding in her hand a lighted candle in a brazen candlestick. Not long after, the gentleman made an alarm, exclaiming that his servant was murdered. The woman was found a corpse in the kitchen, her head fractured, her neck wounded so as to divide the jugular vein, and her dress steeped in blood. On further search, the inquirer discovered that the prisoner had on a clean shirt, while one freshly stained with blood, and ascertained to be his, was discovered in the recess of a cupboard; where also was found a silver goblet, bearing the marks of a bloody thumb and finger. The prisoner almost fainted on being shown the shirt. He was executed.

His defence, on trial, was, that the maid servant admitted him as sworn, and went to the kitchen; that he had occasion to call her, but not being answered, went and found her lying on the floor; not knowing her to be dead, and being a surgeon, he proceeded to open a vein in her neck; in moving the body, the blood stained his hands and shirt sleeves. He then thought it best to make an alarm for assistance, but being afraid of the effect which his appearance might produce, he changed his linen, and displaced the silver cup, in order to thrust his bloody shirt out of sight.

This story was deemed incredible. Several years after, a dying penitent confessed to a priest, that he was concealed in the gentleman's house for the purpose of robbing it, at the moment of the gentleman's return; that, hearing him enter, he resolved to escape; that the woman saw, and attempted to detain him; that he, fearing detection, knocked her down with the candlestick she had in her hand, and fled, unnoticed, from the premises.

How much does a cause involve! What knowledge of the human heart! What nice discrimination of character! A touching appeal to the feelings of a jury, a happy retort, or a humorous illustration, has crowned with undeserved triumph many a desperate case. And it is remarkable that even the confession of guilt is not sufficient.* We do not allude to the

* A case is recorded of one who made a confession, and delivered himself up to justice. Circumstances transpired which, notwithstand

horrid practice, obtaining in ancient times, of torturing the criminal to make him recriminate himself, but when it has been entirely voluntary.

A remarkable case happened in Vermont. It has been cited nearly all over the civilized world, and it has done much to modify our system of criminal jurisprudence. It comes from an authentic source, for the narrator has been long known to the author as a clergyman of high standing and of veracity, WILLIAM S. BALCH, of New York city.

BOURNE CONVICTED OF THE MURDER OF HIS BROTHER-IN-LAW.

A case occurred in Manchester, Vermont. Two men, brothers, by the name of Bourne, were convicted of the murder of a brotherin-law, named Colvin. While under the sentence of death, one of the brothers confessed a participation in the murder. By an act of the legislature, his punishment was cummuted to imprisonment for life. The other stoutly persisted in asserting his innocence. Great excitement prevailed during and after the trial; I remember it well. It was near my native town. But when the confession was made under oath, and published, none longer doubted. Had he confessed he did not assist in the murder, would he have been believed? The day of execution at length arrived. Hundreds of people from the hills and vales were gathered around the gallows, to witness the dying struggles of a poor unfortunate fellow-sinner. The hour had arrived, and the elder Bourne, still avowing his innocence, wan and weak, was led forth into the ring, and stood beneath the horrid engine of death. The sheriff was about to adjust the halter, and draw down the dismal cap, when a cry was heard from behind the ring,- Stop! Stop! For God's sake stop.' All eyes were directed that way; when, to the astonishment of all, the

ing his confession, led many to doubt his guilt. He at length admitted that he had made up his mind to suffer the punishment in order to claim, upon conviction, a reward which had been offered, and hand it to his starving wife, and children.-Selections from the London Morning Herald, vol. ii., p. 89.