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!!”
The editor of the same paper says (Nov. 4, 1837.)
“Perhaps by an equitable, but strict application of that law, (the law which forbids the wearing of deadly weapons concealed,) the effusion of human blood might be stopt which now defiles our streets and our coffee-houses as if they were shambles! Reckless disregard of the life of man is rapidly gaining ground among us, and the habit of seeing a man whom it is taken for granted was armed, murdered merely for a gesture, may influence the opinion of a jury composed of citizens, whom, LONG IMPUNITY TO HOMICIDES OF EVERY KIND has persuaded, that the right of self-defence extends even to the taking of life for gestures, more or less threatening. So many DAILY instances of outbreaking passion which have thrown whole families into the deepest affliction, teach us a terrible lesson.”
From the “Columbus (Ga.) Sentinel,” July 6, 1837.
“Wholesale Murders.—No less than three murders were committed in New Orleans on Monday evening last. The first was that of a man in Poydras, near the corner of Tehapitoulas. The murdered individual had been suspected of a liason with another man’s wife in the neighbourhood, was caught in the act, followed to the above corner and shot.