Dealings With The Dead Volume I Part 16

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 paris.h.i.+oners, 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 ill.u.s.trations, 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 fellows.h.i.+p. 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 r.e.t.a.r.ding 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 pa.s.sage.--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 Was.h.i.+ngton 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 Ma.s.sachusetts should be governed, by some compa.s.sionate 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 G.o.d--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 G.o.d 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 s.h.i.+elding 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 fas.h.i.+on, 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 a.n.a.logous 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 ent.i.tled--"_What is to be done with our criminals?_" The pa.s.sage runs thus--"Another circ.u.mstance, 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 compa.s.sion 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 cla.s.s, 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 compa.s.sion!

What a revolting spectacle this hanging is! Here, however, I confess, the answer is complete--n.o.body, 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 amus.e.m.e.nt. It may be so--I rather doubt it.

In former times, there were very few inexpensive public amus.e.m.e.nts, 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 Was.h.i.+ngton, near Pleasant Street, while the immense ma.s.s 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 b.u.t.tons, white waistcoat, drab breeches, and white top boots, and his hair was powdered. He was accompanied by Mr. Larra.s.sy, 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 a.s.sembled.

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 a.s.sa.s.sins.

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 G.o.d, to love and to cherish--after the wife, with the a.s.sistance 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 G.o.d! 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 Hamps.h.i.+re, 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 Hamps.h.i.+re, 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 pet.i.tion, 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 Hamps.h.i.+re 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 const.i.tutions.

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 G.o.d soften it._" What sort of a Judge is this, to harrow up the delicate feelings of "_a misguided young lady_" after this fas.h.i.+on!

It has been proposed, by a medical gentleman, whose philanthropy has a.s.sumed the appearance of a violent eruption, breaking out in every direction, that, if this abominable punishment, this destruction of life, which G.o.d 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, ent.i.tled "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 p.r.o.nouncing 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 appet.i.te 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 G.o.d 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 antic.i.p.ate, 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 G.o.d!--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 Was.h.i.+ngton 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 pet.i.tion 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 ent.i.tled "_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 b.a.s.t.a.r.d 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 s.h.i.+llings was the rate, demanded and given, for the loan of twenty s.h.i.+llings for one week; and Stowe states, that the people were so highly excited against the Jews, on account of their extortion, as to ma.s.sacre seven hundred of them, in London, in 1262. In 1274, a law was pa.s.sed, 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 uncirc.u.mcision would avail them nothing, to disprove their Levitical propinquity.