1 R. C. 581. PUNISHMENT OF WHITE PERSONS. 13. Forging, or altering, or assisting, or abetting, &c. &c. 13. Death, within clergy. 13. Imprisonment for not less to forge, a post note, or check, on an incorporated bank. 1 R. C. 581. than two, nor more than ten years. 1 R. C. 579. than one year, nor more 14. Forging, or altering, or assisting so to do, a land 14. Death, within clergy. 14. Imprisonment for not less 15. Forging, or altering, or erasing, or procuring to be 15. Death, within clergy. 15. Same as No. 14. forged, altered, or erased, or willingly assisting, &c. in forging, &c. any stamp, brand, or mark of an inspector of tobacco, with intent to defraud, &c. 16. Cutting off the tongue of another, or disabling the 16. same by clipping, biting, or wounding; putting out an eye; slitting, cutting off, or biting off the nose, ear, or lip; disabling or disfiguring the nose, ear, or lip; or disabling, by wounding any limb or member of another; shooting or stabbing, with intent to maim, disfigure, &c. 1 R. C. 581. Death, within clergy. 16. Imprisonment for not less 1 R. C. 582. than one year, nor more 18. Attempting to commit a rape on a white woman. 19. Burglary. 20. Wilfully setting fire to or burning a bridge, of the 20. Death. Not a statutable offence, but has been taken. 1 R. C. 20. Penitentiary not less than 21. Same. 22. Penitentiary from one to ten years. 24. Death. REMARKS ON THE PHRASE WITHOUT BENEFIT OF CLERGY.' THE phrase without benefit of clergy,' is very generally misapprehended. It is supposed to mean that the culprit was to be deprived of the attendance of a spiritual guide in his last moments. BLACKSTONE says it meant 'exemption of the persons of clergymen from criminal process before the secular judge in a few particular cases.' This was the true and original meaning of the privilegium clericale.' As clergymen increased in wealth, power, honor, number, and interest, they took advantage of the exemption. The test originally was, that no one should be admitted to the privilege but such as had the habitum et tonsuram clericalem. But afterward, another criterion was established. Every one that could read was accounted a clerk or clericus. But when the art of printing was discovered in the fourteenth century, it was no longer a test, for soon the laity learned to read as well as the clergy. Other expedients were soon adopted. Persons were admitted only once to the benefit of the clergy. When laymen were allowed the privilege, they were burnt with a hot iron in the brawn of the left thumb. The distinction now is scarcely recognised in our country, though it exists nominally in Virginia, Kentucky, North and South Carolina. In this last state, Judge STROUD says, 'a distinction is made by express law, between males and females convicted of clergyable offences. Both are branded; but a male is discharged without further punishment; a female may be whipped, placed in the stocks, or imprisoned for the space of a year afterwards, at the discretion of the court.' It is not to be wondered at that 'benefit of clergy' should still be retained in some of the slaveholding states, when we remember that only one in one hundred and fifty-five can read! But we close by giving an anecdote, and the form of this ancient custom, handed to us by ROBERT RANTOUL, Esq. The clerk of the court handed the prisoner a missal. If he read the PATER NOSTER, the officer cried out, Legit, clericus est;'-he reads; he is a clerk; and his punishment was remitted. Sometimes the prisoner deceived the court by getting some one to prompt him as he apparently read. A story is told of one who could not read, but who held up the missal or parchment, with his thumb on the place. Take away thy thumb,' said the prompter. The poor ignorant prisoner, supposing this to be in the book, cried, Take away thy thumb;' and he was detected. See BLACKSTONE'S Commentaries, vol. iv. chap. 28. WE have presented all the capital offences in the code of the Union and the codes of the several states. Such a survey suggests a variety of reflections, but we have not room for them. The list is presented to the reader to use in any manner that may have a moral or religious bearing on the community. Our laws are written in blood. In all the twenty-six states, only Maryland has arranged its code so that the offender may be punished capitally or by imprisonment. And even here the reign of blood is not over; for, at this moment, a poor fellow-being lies there in his cell, awaiting the hour of his execution. Twenty days must elapse between the sentence and the execution. In Maine and Vermont also, two convicts are under sentence of death. (See notes on their codes.) In the first state we have conversed with the convict himself. Humanity has partly triumphed in these two states. The public vengeance has time to cool. One year at least must elapse between the sentence and the execution. In Maine, it must be in private, and takes place, if not forbidden by the executive; in Vermont, if ordered. Doubts exist, however, in both states, respecting the authority of the executive. We believe our labor will do good. Very few persons know the number or character of the various capital offences in the several states. It will be found, generally, that those who violate the laws, have the least opportunity of becoming acquainted with them. Indeed, very few prisoners know even the meaning of the terms employed, such as Arson, Burglary, Mayhem, &c. And how should they know? We have a large class of men who spend their whole lives in studying the laws, and even they differ about their meaning. What can be expected, then, of those who have no such advantages? And then the very language is indistinct; it is sometimes mere jargon. But we cannot enlarge on so fruitful a theme as the 'glorious uncertainty of the law.' This we did in Essay X., where we presented the Irremediability of the present law. To illustrate our views, we will give two anecdotes, where persons were condemned, who, from their ignorance, could probably have not understood the law.-A youth was condemned for burglary. He afterwards wrote a very feeling letter to the judge, stating that he did not know the name of the crime which he had committed. The other case is that of a country lad who was condemned, and supposed to be innocent. He wrote the following letter to his parents: 'i Now took my pen for these last time to write to you Father Mother brother sister and All my Realtions wich [while] it is but a short time before i [am] called hence to apear before that tribunle Judge-may the lord have Mearcy on Me- -wich [while] i took my trile before the Judge and Jury wich [while] they past the videct [verdict] of death on me-what I lay to heartt is-when it comes over me to think that on [one] fleow [fellow] creature should Swear a nother folowe creature life away worngfuly i write to you the Sentement of mind to tell you that when i Mount the Fatle Sacffold [fatal scaffold] that the lord from heaven Nowes that i ams inocent As child unborn.' Mr. LIVINGSTON suggests that this is a subject which might be made familiar in our common schools. A good suggestion. 20* APPENDIX II. ILLUSTRATIONS OF KINDNESS. In the course of our labor, we have frequently alluded to the power of kindness upon the human soul. We did not commence this work so much with a view to bring out and illustrate by examples, that point, but rather to show the injustice and the inhumanity of the Punishment of Death. We have not laid before the reader any very distinct plan respecting the proper mode of discipline with prisoners. We want to see the criminal spared. We have proceeded to a certain point. We say to the state government under which we live, spare the criminal; he is my brother; do not mar the image of God. The taking his life will not bring back his victim; it will not prevent others from the commission of crime. And here we have been obliged to stop in this volume. The proper treatment of the criminal, and the various causes and remedies of crime, will furnish abundant materials for another volume, should it be thought advantageous to the cause of humanity. But to open the way, and to meet the frequent objection that criminals are beyond the reach of moral influences, we present a few anecdotes which have a direct bearing on that view of the subject. We regret, with the reader, that we could not have gone farther. But when the community are prepared to appreciate the great doctrine of the Inviolability of Human Life, then we may hope to see some way opened, some new development of moral power, by which the heart of every criminal can be touched, and prisons become churches, schools or hospitals. For some instances of the power of kindness, we are indebted to the Rev. Mr. MONTGOMERY, of Portsmouth, N. H., whose labors in this department have done great service to the cause of humanity. MRS. FRY'S VISIT TO NEWGATE. She applied for leave to the governor to visit the female prisoners. He attempted to dissuade her. You will be disgusted with their behavio and language,' said he. 'I am almost afraid, myself, to enter their apartment, they are so vile.' 'I am fully aware of the danger,' meekly replied Mrs. Fry. 'I do not go in my own strength. God will protect me.' |