Newspaper of Burlington Free Press, March 3, 1843, Page 2

Newspaper of Burlington Free Press dated March 3, 1843 Page 2
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Mil. CUEnVKiVS PKCON1) AltaUMIiNT. In the opening of hi second argument, Mr. Cheov r, m answer io tlie cavils of his opponent, spent imo tuna' In coirceiinj; certain Important misinter pretations ml misapplications of Scripture. Hi- almi critically "examined the Noachic atatnic, and brought nddilional prooliifthe grammatical accuracy of our Enirlish translation of il, cupming again (lie absurd consequences of the suppositions by which its bind MR forre is sought to lie evaded. He then made route remarks on the enormity of the guilt of murder, and proceeded lo obs-rvu that wo ned not wonder at the language in which it is descri bed and denounced by Jehovah, nor at the penally of death affixed to it. Ii ia right, it is benevolent, it is nscesssry, that such a crime sliould invariably, .ith oil any exception in anv ca wlntevcr, be punisht.d Willi tha extrcmcM penalty nf which heaven Ins an nexed the autlmrity to human law. There ought to In such a penvlty, high, nwful, distinctive, to mark this. crime in its retribution, as it stand in its guilt, paramount lo every other. The conscience oT socie ty should lie educated in ihe viaw of such a penalty! id if it wero nel, or when il is not, poor nml cheap in feed i the eslinule placed upon the eacrcJiicsa of human life. The objeet of ill punishment is benevolent, it is tho wj'l being of the community. It is In prevent crime j supporting law. The penalty of the law must be n evil, which the man intending crime will balancn aaninst the good hn proposes lo him "elf by the crime. IIo mist fesr lh;vil more than ho desires the good. Diyou say tlial men commit crimas in passion, and fiat litem is seldom this balancing of motives and considerations. I answer, this may n iibly bo true in renard to ill minor penalties, nnd litis is one strong rf iimcnt fir having in, the enso of murder so terrific, strong, nvrrbciring a penalty, that it shall break dawn all other considerations, that it may stem tho torrent of passion, that tha criminal may hear n voice midst therosrof tho tempest of passion command ing him Is refrain. Now, it being emitted that tho murdrcr deserves t die, and that sieiety have tho right in noma cues ta inflict the punishment ofdeatli, tlm question of ox psJisney before ui is'rimply whether punishment by dath operates more ellee tu'ally to prevent the crime of murder than any other penalty. Now, then, who rettiey irnm wnnni wo nave. 10 tear murder l Any mm tnsybe-oiiia a murderer with sufficient leninta tint bit in general it U men already hardened by crime, from whom the rnme of murder is to be fear eili it is men urged bv want, outcasts from a iciety, ktiwjs with w'um lifo i already so deprived of com fori, of repertabi iiy, of happiness, that a jail with its fuJ and clothing w:o ltd bo almost a nli'if instead of a punishment, while death would be the most terrific ef penalties. It is manifest there is almost no good tnatire to restrain such persons front crime. There is nothini hot fear that will do it. Hut the fear of tho prison isslmos! changed inlon relief at the thought f in shelter. Willi tho penalty of death it is very diiT'rent. Here you appeal ton lerror nsfur greater than all others, as the crime itself of murder ts greater than others. "In all secondary punishments," rc matka a legal writer, "it is assumed tint the con arid is well Ted, well clothe I, well lo hied, and well at tended to. Ho may have no luxuries and few ccm fotti, but he his entile security against starvalion or want, perfect protection against tho weather, nnd cer tainty of medical assistance incasnof sickness. To the unthinking multitude the secrets of the prison tnuse can never bo fullv revealed, and there will nj w.svs be some room for doubt nnd hope ns to the lot of the convict. The-executioner nlono inflicts a pun ishment, of which the sufferings cnn never bo called In quisf.sn." I may add to this, that you may put what guards yo'i will about your plan of imprisonment, lo make it perpitual, there will always be hopeof escape. Crim inals sentenced to imprisonment lor life, have ordinari ly, on an average it j on take this State as on example spent in prison about six vears 1 Hut evenif vou nitrlethe daieabsolutrly immutable, there will always Ha murderers, who, with the ingenuity of liaron Tienck. could almost cat their way through stono wads, as asily as they co dd eat tho heart out nf their own hu manity. Or if not, a villian who will commil a mur der that brings him into prison, wou'd not hesitate a moment to commit one that shall take him out. In died, there is nothing lhat can pnssiblv check the spirit of murder, but the fear of death. That was nil that Cain feared i lie did not say, people will put me in prison, but. Ihev will nut nie to death ! and bow many other murders he .may liars committed when released from thit fear, thosacrcd writer dorsnoi tell ni. Nor is it anything hut this, lhat the whole pro geny of mm dercrs, from Cain downwards, ever fear, nor anything but this fear that ever will restrain them. They fear tho simo tremendous evil which thty inflict on others, but nothing else. tho penally of death for murder ali.olulrly certain, and us restraining power against ctimoia immeasurable. Tin is the reformation wo necdj not tho abrogation of the penally, but tho putting it where Cod puts it for all mankind, ns the penally alone for murder. I liavo proved the rcstrainiog influence of this pen alty in preventing crime. Next as to its protective influence for society. It is manifest that this is jus, proportioned to itsrcsiriininpinlluciicoovcr tliecriin inal. Whatever prevent! crime, prolecls society. Now, your nl rogaling course is so far from e'uiiig so ciety protection, thai il is almost an invitation lo mur der. I,ct us trace tho course of things. A'emo re ptnte full turpirsimus. No tnnn becomes a murder it at once. A man begins his career Willi small steps. Prom his father's house forth in'o Ihe wilderness of crime he goes timidly llut tho tenderness of bis con science is gradually destroyed, and. one crimo and another i committed it may be with impunity, Tho penalty of discovery he has often faced, nnd became n -customed to look nt it calmly and to balance eon stquenccs. Disgrace, fine, impriomeiit, all these ate eiils lhat miy be borne. If Iho worst en'ties, still lilc remains, nnd there is hopo in ingenuity, nnd even in guilt. Cut nt length bis steps in crime have brought him to the vergeof murder. Ilia victim is be foro him. Perhaps it is n rich, gray haired old man, sleeping enhnly in his bed at midnight. Tho dagger is lifted. Now, between this trimo about to bo per petrated, nml every lower crime, thero is a vastness of separation which the mind cannot fathom. It is tnvcstt.il with horrors I it puts wholo coils of serpents in his conscience it has a redness nnd a blaze nf guilt, which, if nny symbol rouhl mark them, ought to bo set up in open day lo the universe, ought to be mace to nnsii hue a swoni oi tiro upon llio soul. I'm your hardened man of guilt docs not seo Ibis. And what have yon donclo remind him ol it? What sep arating wall have you raised to l.ccp his, soul from tho damnation of this quill, of whtch fioir himself halh said lhat no murderer bath eternal lifoaliidins in him 7 llohascomi! to tho verge of murder. Whntisthere now to stay linn ? What writing on tho wall, what external sun. what addilionn terror to rouso un bis conscience, and show him tho tremendous depths nf the gun nu is ntiout passing what ts lucre In show him that the step he is taking is not one of his pre vious degrees of crime, but a convulsivo, awful sweep of bis being imo n depth of guilt, compared with which Iho whole previous iniquity or his luo is as no thing? Vou havo put no mark here. You hnvo torn oown the harrier, which Rod himself had erected in mercy to the criminal ns well as to the innocent. You havo taken away the landmark, the warning which Ro I himsilf has put up fir nil mankind, nnd which assuredly matka a mightiness of guilt nnd of terror in tho next siep nf evil, which nothing but the wide difference bef.vi.cn the penally of death and eve ry lower penalty cou'd mark. You must have such a'mark i Iho soul nf hum inity calls upon vou for il t tho I lood of every murdered victim cricth from the ground, you nrcguilty ofa monstrous iniquilyif you blot it outi for thero is no comparison between the ninduc's, tlicriithltsncs, iho monsltousriess of mur der nnd every other crime. In mercy lo your fellow creatures, you are called on to distinguish it from ev ery oilier, In a penalty which like lhat ilalulcof God that statute of nieicy at Ihe world's opening, stamp ed Ihe image of its iniquity into tho soul of mankind. I Imo taken tho case ofa man wdioso successive sleps in cri ma have brought him to the verge of mur der, ns a new and seperate guilt, llut suppose him to he brought to the verge of murder w hile in the com mission of some other crime, and in order to conceal it. then the argument becomes vastly more powerful. WhiletheTcmptcris whimpering, If I lake this man's life, I may conceit mv ciiine, conscience and Iho law should answer, You die for it. The ministers oi jus tice will bo infinitely inoro keen in vnur pursuit, tho eyes of the whole community will bo flashing for you, mcro suspicion will detect you, your own conscience will lead you to discovery; and death, temporal nnd eternal is before yon. The motive for the conceal ment of crime is so powerful nn incentive lo murder in such a case, that we are bound to guard ngsinst it. But to abolish Inn penalty i; directly to throw the temptation of murder in iho wai of a criminal, wdio, perhaps, otherwise would not have dared to think of it, even for the concealment of the crime. To nbolisb ibis penalty is to make murderers nut of common vil lains. They will murder to conceal llieir other crimes, as soon as you reduce the penally for murder lo iho saino level with that for others. The penalty for mur der hi ing no greater, they are no worseolT, even ifdis covered. Without the murder, perhaps discovery is inevitable, mid imprisonment must ensue. With tho murder, even if discovered, the penally can be no more than imprisonment. Hut by iho murder the whole crimo may be concealed, nnd the murderer mny come ofl'coinplctely clear. It is manifest in such n case thai nothing I ut this penalty can protect society. 1 have shown that this penalty is necessary for the strain! of crime and the protection of society. I shall now show that ihnproposed abolition of iiis un just nnd inhuman in the last degree. It is a policy, tfie cruc iv nnu harhnrism oi which is susccntihlc oi n it introduces me iem-ni oi l our taVen. Now to tnkonwiy this penalty is In fact to lake away from the community thomeaniof self-defence. It is to makn cowards of tho innocent, but bravo mon of tho eudly for what man, for example, will dire defend Ids property, if a villain set! upon il, when tho very defence may make the villain mur der him, you having takon away from the villain himself sir fear of death, no matter what crimo ho commits. Jf a man breaks into your home nt mid night, with Iho knowledge that the punishment for murder is death, though that for house-breaking is not, you might be ready to confront him, nnd defend your property but if you tnko away this penally,yoii parnlyso your own arm, nnd you nerve tho house breaker with tenfold desparation, since he may finish his villainy with success if ho murders yon, nnd if ho bo cntipht the punishment for murder nt nil even Is is no greater than that for house! renking, and if ho does not murder yon wdien you have con fronted him be is in danger of discovery nt nnytnle. You are there fore rendered defenceless in nn attack upon your properly by the socurilyof your adversary a lifo) or if nt nil events vou do nltcmnt to defend vour nron- crly, nnd discover or drivo away tho villain, you arc ntiiiusi sure iOio murucrcu, u nccan murucr you, for his lifo is safe, whilo Iho tnkini? of voura is ncr- haps neccs nry to bis success. He bears a charmed life, Iho consciousness nf which unnerves you, but nerves him. Just so. if vour nerson bo assiultcd. and you resist, your very dtfenco is likely lo procuro your murder, for you nrc tho helpless one, your as sailant has n Ii Iho advantage t Ihe assassin cannot bo killed, ho is secure by laws but if he killa you, he may cscapo completely, in noniisn itus penally ivoinu locmorc uu uros nipisiiiTi nuo iiiiiiiiiinuny both lo ihninnncent who nro murdered, nnd to the in nocent who urn living. It is scenting the murderer aeamst death, but exposing the. community to death by the hand of nny villian, who, knowing that his own life is protected by statute, chooses lo kill. It is in fact a premium on murder, as the safest of crimes. If vou commit anv lower crime, vou may bo nunish- ed for it too much. If you commit this crime, you nre sura of a punishment less thnn tho evil vou inflict upon others. Tho glaring injustice nnd inhii inanity of such nn arrangement is perfectly obvi oils. Now to fasten this argument with incontrovertible power, I shall refer vou to n case, which, thoueh it is on record, I have received from a near relative of tho monster concerned. Tho creature in his passion held an axo over his wife's head, nnd told her that nothing but the law saved her life. "I would kill you in a moment," said he, " if I did not know that I would liavo lo swing for it." I appeal to tho good icnsc and humanity of our audience, is not that a bc .icvolent Mnlute, which extends over that lonely .mil wretched mother tho only protection for herself and children? And is not that a most inhuman effort, which see'.s to take nway from before lhat brutal husband the fear of death, which, as be himself says, is nil that now restrain him?. Which is the spirit of Christ ? iho spirit that vindicates the hw, nnd pro tects t lie Cfimnrmily, or tho spirit that ta'-cs nway nt once Iho dreaded pennllyof tho law, nnd tho protec tion of the innocent ? Which is ilie benoiolent ef fort, lhat which throws its shield over the murderer's life, but gives up the unprotected victim to his malice, or that which binds and holds back the arm of tho murderer, by making his own death tho certain conse quence of his intended crime 1 Wo conio next lo tho statistical argument of my opponent. And I have to say nt the outset tint it is of such a nature that you cannot trust it. The ar gument fiom statistics, so far as it is gathered from all offences below the crime of murder does not bear upon the qucsiion of capital punishment for murderat all -, but if it did, vour induction so narrow, so manv cau-esnrc unnoticed, and the ptlases and influences of society nro so changeable, that the results of your figures in n question of morals nrc like to be utterly fallacious. It is often said lhat figures cannot lie, but you may marshal iheni in such a way as to make mem ten n laisenoou m ono mreciion, wlulo they spcait me iruiu in nnoiuer. And vou may range the whole .Newcnto Calender. with the experience of nil gentlemen elopers with the perfect demonstration. estates of heiresses, who, hko Gilbert Wakefield, have inhumanity imo the very education of society COl into it; nnd you may tell as much as vou please of jurisprudence is a most important part of your cducn- tneinsensihilily orotiiiurote vtlhanscvcn in the nceol lion for the community. It trains ihe cornman con death; but such testimony weighs no more anninsl science, llut in the abolition of ibis penally, vou oc tha nower of the fear nf death in nil mankind, than ension n nenernl deiirndnlion of iho moral sense : vou tho testimony of a perjurer ond a murderer would leach that iherc is no diU'crcnee between the guilt of weijfh igamst an honest man a testimony in n court murder, nnd lhat of mere forgery and stealing. nu of justice. Hut if it did weigh, what does it prove ? lessen men's estimate of ihe saercdncss of human life, Why, that thero nro such monstrous villian, so steeled and you aro unconsciously training men's passions for nil invfitorftte in wickedness, ihn death itself bns no iheeroellv of murder. Yon deerndc the whole frllli- Isrror for them; but certainly if they do not fear jeel land science of morals; for this is at the ground of fain, iney icar imprisonment aim ics , nnu u iney it, involving uu us pi inclines, i uu ir ii.hc uu would murder even with the fear of death before llicm, full swing to duclling.hloody riots, nnd private levenge. rrftich more will they murder when thai fear is nil What yi ii refuse as n government lo do for the family ttken nw.iv. Huskies, if because n villain sivs that nnd friends of the murdered man. nnd for the inlcrcsl he neither fears vour hw nor its deadly penally, ion of the community, you may be. sure the maligriilv of bring lhat ns a reason for abolishing 111 penally, sup- private vejigeance will not fail to accomplish. 1 ou as a penally for murder, but to regulale its application. i uu vyui noi suiier uienuuseoin gooumng (io uo slroy its use. In almost all reformations this hns been the error of mankind. They havo not distin guished between uses and abuses. Attacking an evil wnicn was mingled with good they navo swept away tho evil indeed, but tho good along with it. Here I am forced by the lateness of tho hour to omit some important points. One word seems necessary bcforeclostng. So far from deeming it !i some have intimated an impropriety in a clergyman to appear on this occasion to appear on nny occasion, when tho laws of God and tho cnnso of righteousness and benevolence are to he supported, I deem il a part of his proper sphere. Ii is not his business always to be hedged round with iho pulpit, where, ns you some times say, ho has nil the argument to himself, and no man can answer him. I, for one, am glad of an op portunity hko the present, even thoncli it may possi bly expose us sometimes to taunt, sometimes to undig nified invective. With nil my heart do I respond to tho sentimentsof my opponont, ns to tho right of in terpreting and commenting on the Scriptures, by lay men as well as Iho ministry. It is the very essenco of Protesnnlism; ond wo may courteously differ in tho interpretation nnd tho argument. The truths I havo defended nre those both of God and mnn, nnd they will inevitably prevail, whatever temporary influences thero may bo ngninst them, for they nro founded in God's great atttibulo of love. In tins view, that cele brated slmza of one of our native poets, lo which I am sura you will all respond, shall close my argu ment i " Truth, crushed to earth, shall rise again i The eternal years of God aro hersj Whilo Krror, wounded, writhes in pain, And dies amidst her worshipers." FROM VASIIINGTON. On the lCth in tho Senate, Mr Cnthhort of Georgia appeared and took his seat. Mr Writiht presented a memorial and papers from tho New York Custom House arrainst the bill from the House reducing tho number of clerks, which were ordered to bo printed. The Mailisonian says that the memorial represents that the num ber of persons now employed is not much trreat. cr than is demanded by the usual business of the port of New-York, and by a proper attention to the convenience and facilities which ought to be extended totlie merchants from whom tho rev enue is collected. Tho report of tho Committco on Commerce against the performance of tho revenue cut'or service by naval vessels, was adopted. Several private bills were also passed during the morning hour. Tho bill to repay General Jackson's fine was debated for a short time, and then tho Senate adjourned. In tho House of Representatives, the Army bill was under consideration in Committee of the Whole tho most of t.'io day, and was taken out of the Committee's hands, but not finally acted upon. Mr Fillmoro reported a bill from the Committee of Ways and Means making appro priations for tho civil and diplomatic expenses of the government, and then the House abjourned. Friday, Feb. 17. House. Mr. Wm. Cost Johnson delivered a speech in opposition to the adverse report of tho Committee of Ways and Means on the me morials which had been referred to it, asking for an issue of two hundred millions of rjov. eminent stock. Ho said that, however gontlo- Nor can thero bo anything more palpably false, mon "gt try t" av0ltl ho matter, it was mevi ond yet, very p ausr !e, than the rr.c-ria sometimes 1 table that tno ?reat contest ana pose another knot ofvillians tell you that they do not even tear uou, nor ms lerrinc penalty; mo snme rea son would be iust as food for strikiiiL' thai penally from the government o( the universe. Or if anolhcr tang tell you that ihev care not n fig for yourperpcl ual imprisonment. The reasoning from llieso drivel lings' of depravity in malefactors is to the last degree wretched and absurb. Hard pushed indeed must lie be in argument, who can consent to dive down into the polluted heart of a Newgale criminal, in order to nsn up iro'.n luo coniession oi ms moos rou?, unntu lake a way the strong security of your police, and you expose the lives of vour jail-keepers to imminent haz ard. A most laithliil and vigilant pntieo niiicer, since theabnhlion of capital punishment has been spoken nt as n probable thing, hns had his own lifo threatened, and the lives of otherB in his presence, nnd when he has lold the villain that his own lifo must pay the for feit of such n crime, Ihe answer has I ecu. "There is no fear of lhat in these divs." The pnlief officer ad- led, that if thelaw should depuvo luni nf this protec tion, ho should be nlraul to go to haunts , oi crimp, ral obduracy nn argument in lhat very obduracy which in ihe support of tho law, he now visits. Who lUlieeo, wiril lllliinu stl v.llll, coin.! III inn itij'i m London, would dare pliinginlo llio recesses nf crime lo ferret out the villain, if the strong fear of this penalty di I not go before bun I 1 our ical lor ine anoiiunn oi nils pennuy mny im the 7.eal of love, but it is the logic nnd philanthropy of crmlly nnd murder. It is n'mosr inhuman neg leei of rim interests nf tha innocent, to save the for feited lives of nbandoued villains, Ihe example oi whose security will bharpcri the appetite of nil other iiinst ihe fit punishment of bis own crimes. I think there is a testimony from criminals some times elicited ns to the raal fear of death, which it may be well lo set over against all this. It is lhat rather than dioby ihe penally of Ihe law, they sometimes kill thamselvc.s. liut who ever heard of a man killing himself to avoid imprisonment ? What malefactor, whom ths officers of justice were carrying to prison, if the populace should try to kill him, would not cry Msrilylor help I ou cannot Dtiicveinai inewreicn cd Colt would have killed himself, if his punishment murderers, and who will certainly themselves murder t. - i , I.. : : . : -.1 ..e.l..,l. li... I . '.e .1 ... .... r T. la - nhiUn. nail ueeo merely uiiiis'niiiiuni 1110 can ui iicnui. ie- ngnio, 11 iney tun jc, uui ui inisun. m-- sides, what Innguagj wasit wtiitn was epoKcn in inai ihropy lhat pay no regard wnaiever 10 ine onquea- horrvin-riul anxiety to navo lisscnienco coinniuieu. turned fact that l nousanus 01 muruers nave oeuiiorc that intense effort on tho part of counsel, friends and vented by this penally, thousands of innocent men Anntinnl t,t t)ii nnrnnsp. Well then, a nontshment. verl nnrl innneput families preserved from the stab srhich the criminal fears more lhan death, must be of the assassin, but wilh a morbid, diseased, pseudo of all others most powerful t6 restrain from crime. I benevolence il rakes the records of crimo for those Itni von fthieet ihn it lentit to suicide, lia uriswer mmtjkm to which human luinerlccnon necessarily thst it nlaees fiieiilo itself as a terrific consequence of exnoe human legislation, nnd if in one hundred cases Crime, s lerrinc inrm in veiugt-Hiici. 11 pi isinn ucninu me 1 laisc executions tun uu iiniuu uu, 111 iiiuui-iniu shadoof the murdered man to the murderers own yearv, U regards Iho lives ni a inousann innoccni per Uiv ft nhteen lh mmp. nt murder on one side a I e.iih nnved from the murderer ns mil lln"in ine com public execution or suicide on the other, with no pos- parison. Ten innnccnt persons killed by mistake in lible nltornnlive. Now the whole system of criminal two hundred years, nre more than a balance ngain't jurisprudence goes upon tho suppoiiiion of a future the lives of n hundred innocent persons who would alate of rcliil ulion, the supposition that men believe have been Killed by the murderer, had it not been tor It mnA tltnt nn mnn will flee volnntnrile ftnni this 10 ihlq npnnltv. Thfi truth is. vour Statistics anc Calcil- . , . .... i r.' 1.. I . .- 1 1 1 li nr.. n. I.D (list, it oocs nut cuiiicm ntc. nnu 11 oui-ui uoi. n 1 inuons 01 nro 11 auu iuss m mini in iul. i, ud i.a Italo of society, in which men's fear of & future judg- been admirably said, ihe arithmetic of Judas Iscariot, n,nn ibniwnv. 1 1 contemn kiips Hint niorrtneni t 1 ihm ntiHi ntinns ni 1 up nr en ni innnceiii 11 ouu. ii, Innl,. Int. iiiost nwTnl resort, when men I tv'.i. ih-,tT havo met ibis obieciion of the danger commit the highest, last, most nwful crime, a crime of mistaking the innocent for the guilty, allow me to from win - h all lesser penalties arc unavailing to te- demolish it morn Al ly. Thero is ihe same danger arram tlimn ! tn hnnrl ihe erilninnl fieer to thill dread I nnnit,., all nnntah nienl. FalsC imprisonment 0C tribunal, which alone can deal with nun. Ilscemsio cur, and are not discoverea nu many yenr iw mo that in this point we hnvo a most solemn connect- elapsed. Is that nn argument ngjmsi imprisonment in link between God's jurisprudence and our own for mime? Suppose you could be assured lhat there flmPa hint, fftiirl hn, n nMin frn,n nnr nfrtrnr nnr t I l..n 100. -neea nf Tutaa ininrlcnn men, IOT llfO in w.w .,,' e v . .... ... , I nnu uccii w , and in the esse uf tins crime, it is as if God had said, I ihecoutno of Knglnh jurisprudent, would you uicm Here you cnn uu iiuiuiim out to nanu ine iriminai 1 mat n justihatiiegiuunu tor tor noon iniiui miuiipuii ovr to his last judge; ho has passed that limit in j ment for life Hut let us grapple n hlllo closer wilh wnicn 11 was poiainie to permit men 10 sin under Hie iheso cases. Thev nre given, niosi 01 uiem, in n iur- jurisprudence of probation. mer edition of I'hillipp's Treatise on Kvidcnce, nnd I am not now arguing fur Ihe restraining power of ihey constitute, il has been said, llio slock in trade of n unrerlnin penally, but ofa penally, which, restrict- ,he prisoner's counsel in all murder trials. Whoev er to (ne crime ni murder, snnn be made alisoiuteir er will examine these cases, will find Hint in nimosi certain. One of your objections against punishment every inslanee, except those in which the corpus de by death is the uneertsinly of in execution, and that Uctl was not found, and it appeared afierwards that mis uncertainty lumcia mo penalty nscii iiii iicciii.ii. 1 rjo murder liau uccn commuieu, ine real cuipi it naa Vnrv true: and this very uncertainty, ond the cunse- uken nuiav ihe life of tho innocent prisoner by per- quent weakening of the power of low nnd of ill pro- jury, or, which amount! lo tho samo thing, by array- lecuve enemy to toe cuiiiiiiiiiiity, i 111 pari owum 10 1 mg and directing a set 01 circumstances o as tu tm men'i injudicious efforts sgainst this penall) . They plicate him. The amount of it is that the murderer, act some of them from a warm heart, no doubt, but u oddition lo the murder already committed, has adopted in arraying these sliuislics. Hero is a coun try. for example, in which the nenal code annexes death to several crimes, but in which, for n number of years, from various causes, crime has diminished ; of course capital punishments have diminished also. The murders haio not diminished becnuo capital pun- in men is iKite. uiiuimiiuutum too capital punisumcnis have diminished, becau e llio murders have diminish ed. Now your industrious statistic-gatherers take these facts. They put the diminution of tho capital punishment first, and the diminution of the murders ns tho consequence. In one column you see a de creasing ratio of capital punishments, in tho opposite, a decreasing rnlio of murders. Krgo, the diminution nf capital punishments has diminished the murders ! This is not exactly, according lo the vulvar but pilhy saying, the cart before the horse, but it is rather the horse behind the cart. And I think I need not labor to exposo cither the a' surdity of such statistics, or of the conclusions drawfrom them. When I hear men reason on the amelioration of a penal code, and Ihen ascribe to this one cause tho whole diminution of crime in society, il seems lo mo much ns if Dr. Ilrnndrcih should stale bow many million boxes of his pills society have taken in ihe Inst half dozen years, and then having shown a di minution of diseases in that period, attribute the whole of improvement in llio health of mankind 10 his pills. Tho truth is, lhat this saino diminution of crimes would have been produced by other existing cause?, which undoubtedly nrc nt the foun lation of it. Tho decrease of intemperance, ihe influence of sauoaiu scnoois, ine prevalence 01 .1 oeuer coiicnuoii nn increased nliendeuce on tho preaching of tho gos pel, aro sufficient to account for improvement! in so ciety, wnicn yon iratu niiectiy lu .1 cuauuu ill 1111: jiu- nal code; but if not, what a manifest absurdity it is to set up the experience of half n dozen yenrs, in a Slate, which on Ihe map of ICuropo you may cover with a s.xpcnce, Iho experience for example of liel- Slum, only since is.iu.and even that experience most doubtful in itself, and most imperfectly known, against tho nracliee. reason, belief, and experience of all mankind, in all stales of society, in all ngcsoflhc wotld. If I choose to reasoa in this way, I could show you statistics in the recent experience of Kng land lo offset ihe experience of Itclguim. For exam ple, ilia well known, Ironi vnliiatne tames consiruciea by Ilev. Mr. Iledgravr, nf ihe Home O lice, and an nually presented 10 I'orliament. thai since the remov al of ihe penalty of death from two hundred offenses in 1S3(, tnerc lias neen a very consiueraoie increase of no less lhan thirly-eight per cent. What shall we makn or this I ahnll we say that it proves mat the penal code of Kngland ought not to have been ameliorated? This would bo tho logic of my oppo nent, but I say no. The facts nre not broad enough to justify me conciu-ion. mere must De n mucn Innoer experiment, n much wider nnd more careful induction, nnd nfler oil, even if those offenses should be round sun lo increase, mat would not lustily the applying to them again the penally of dentil. Now with regard to iho crime of murder, the case is wholly different. It ought 10 siand apart in its pen alty from all other crimes. And it, 13 the annexing of the penalty ofdealh to so manv oilier crimes that has made ine wnoioai iicunv. ueain nas ueen ta ken from the hand of the Divine Legislator, from the place he assigned to it ns a penally, nnd most wan tonly, most barbarously, most indiscriminately appli ed to minor offences, in such wise, that llio mind is 11 lea wiiti norror at 1110 snmiuiuarv una oppressive nature ofsuch codes. Hence a prejudice ngninst the infliction of this penally in any case. Hence has it proceeded that i( nas nccomo a mere inrcat, in many eases not executed. Hence the unwillingness of ju ries to convict. Hence too the penally of death has lost its preventive power against crime, even the crime of murder; nay. being applied to minor olTeuces, it follows nniurnfly lhat murder itself would bo commit ted to conceal them. Now here is tho 6ccrct of the apparent weight of tho statistical argument, which in reamy hears not in ine least degree ngamsi tno punisn ment ofdealh for murder, but only in favor of restrict' ingihat penally lo the crime of murder. Nothing can be more idle lhan to army before us statistics in regard to minor crimes, laken from countries where in the Denal code them has been a great nhuso of this I penalty oi neaiii. 11 nas noimiig 10 00 wmi our ar struggle in this nation would be on the question of kemcf or ntcpiiDtATioN. This he declared to be tho nat ural tendency of events. In certain sections of the country the doctrine of virtual Repudia tion is evidently gaining strength, and sooner or later the question of Relief must come up to meet it. The Committee, ho said, had treated tho question improperly ; they had spoken of the memorials referred to them as if they ask ed the issue of two hundred millions of cur rency, whereas in fact tho issue of stock only wa3 proposed, out of which a good currency might grow. Saturday1, Feb. 18. Senate. Mr. Rives' resolutions relating to the finances, adverse tu the assumption of the state debts, Szc. came up. Mr. Harrow moved to lay the wholo subject on the table ; negativ ed, 20 to 22. Mr McDuflio proposed further amendments to tho resolutions asserting the inexpediency and denying the power or the ueneral Irovcrn ment toassumo tho States debts. Mr Conrad moved to postpone) the wholo sub ject till the first Monday in December next. Mr Calhoun deemed tho subject of the high est importance, and thought a response should be given to the petitions on the subject, declar ing the unconstitutionality and impossibility ot assumption Tito question wan taken, and the subject was postponed 21 to 22 a party vote, tho Whigs voting in the affirmative. Air Mcuuihe, renewed his resolutions which ho over. House. The bill for the relief of tho heirs of Robert Fulton appropriating 875,000 was read a third time and passed yeas 80, nays Monday, Feb. 20, A significant communication was made by tho Secretary of the Treasury to Iho Senate last week, in answer to a call from that body for statement showing the amount of accruing du ties during the third and fourth quarters of the past year, aim the value of imports and exports fur tho last quarter. I cannot now recollect whether or not I sent you a copy of it as I iiiten- ded to do. I therefore send you a copy at this timo. It certainly shows well for the operation of tho Tariff so far, and if tho doctrine which wo have ever believed in old-fashioned times, that an excess of exports beyond the amount of imports isto bo regarded as a lavorable indica tion, this statement speaks volumes. It is not to bo expected lhat multitude of foreign agenls engaged in importing goods into this country will be pleased with a measure which stops me drain of specie that has been made from the country for years past to pay for goods of foreign manufacture, but it will certainly pieaso tnoso who look to tho interest of tho whole country. I send you tho statement, as follows, without farther comment : AsUtement exhibiting the duties which accrued on merchandise imported during tnt fura anu jourin mtarters or me vtar Accruinrtdulics during the third quarter 83,30,507 31 Accruing duties during the fourth qaarter 2,379,5S9 23 $5,835,006 59 Value of imports and exports during thefourth yuar ler o ion. Imports free" ofduty $8,450,601 l'avinir dutv 7.197.493 91J,01O,UJl not from a wise and a large philanthropy, Thisve ry uncertainty, with nil this whimsical scrupulosity of jurors, is noin little produced by that mawkish sen sibility, which weeps over the fate of the murderer, but forgeti tne murucrea vicuni, anu ncgiccuiuepro taction of the innocent. Now to test this fear of dinih, and its pover for preventing crime, put aside these uncertainties, from wnaiever cause pi oaucea. .uake me penally ccrmin Fupposs the intended criminal to know lhat tho pub r t t.1 .1.-. !...! . Ml a -.1 ..II I.. U. made use of an institution of justice, instead of the assassin's knife, to perpetrate another. There is, in such cases, nn additional murder committed, not b tno law, nor uy its imniticr, uui jti uy i j'wi which gave them their nuthority, but by the wretch, who has brought upon himself Iho guilt of a double murder to prevent tho detection of one. Thero may tiiar. mm occur now nnu men. wn i cxirenic iuiiiv. an inafnnrp. ill which a murderer will seize upon this lw m commit mother murder, fur the purposo of lie eye is nn him, that Justice will not sleep nu lie oe screening the one already commuted.' uui it on delected, that such is the virtuous state of feeling in mi, account, you abolish the penalty of death to the community, men ine tecum lo uou aw. such n h ihw coses nt murder in l ie seconu imiincr, tho itnie cnterinincd tifihe lacrcdiicssof human life, vou at once inctenio tho number of murders in the nd of the enormity of the crimo of murder, that no first instance. Vou relinquish tho rcaliiy of justice effort or expense will be spared to bring him to jus- l0 snatch at its shadow. This objection is not good tie, ind lhat if brought to justice, ho will inevilHbly Beninst the penally, though it is of use in enjoining be executed; lhat no jury will entertain nny false ihe utmost carefulnesi in criminal triali ; but still we erun ri. Hint no o le Bciimu i iv wi i uu uarrciauu iu- i nniat itnan inn law. neenusa wo ara cenu it mat ma wirdi ihe murderer, and that nn deputations from abrogation of tho penalty would Icid to tenfold mere Ihe bar win oe uurrymg to ana iro lor pnmou, out murders than can poiomiy oc comimneu miuuun that thorp, win ue men a numana reoaru tor too mur ihn mmA ni it. 't'ha eiBinn e ot our anv or n in dared victim and the interest of society, ns will surely nnim inncnaa nnaloram. The Jowl in his dlV alius- avengo his death I iky, suppose nil this, which is c,j (he law and ils penalties for private revengo. Did

what w contend for. nnd then the murderer sees at 1 I,a nn ihia neeount nbro?nle ihe hw. or take away once thsl to laks the life of another man is just to the penalties-? Not nt all, but confirmed them both, take his own. il mi.ht juit as well commit suicide ii murder llepiungci the nagger into nnownuo lotn, when he itrikei it into that of his neighbor. And how often do you suppose he would thus strike il if this were theciie? Why, ii would restrain the nn ' Btien, mod paishnala malignity. Tho truth is, ii would I e the very perfection of jurisprudence, if you eonld make murder a suicidal act ; the nrtrder would Vf It-nigh reaso from existence. Pul your ilalntoon udnla hafnrhade tliBBtusenf them. Having disp'-sed ot this objection. I proceed now to prove more fully ihe injus ice and inhumanity of tin !.ir,,i far ihe abolition of this penally. You are un just, if you do not give to sncetv the same means nf sell'detenee ngamsi nitssiu", which tnrv icimifinaii for Iho protection of the government. Men do not vnar arma hut why? lleCSUSO Of tllO lo'fmn IS- surance that the government will ptntcct life in the lha right basis, id you do matte il such. Throw Mme way, If peed le, in which wsiponi of death ,.a annratanrd rfiaoninet. vour rivillinci aeaust I nmwi it. Ilerauu of ihe knowledci lhat the (rim- AoUirskf doJaodmtn, end tb sxK.woof io.i u wnUbi ILm life, ttvtl biiowiwUI U tho rules of tho Houso. Hut it so happened that thero was then pending a motion lo go in'o Committee of tho Whole, which isdone by n suspension of tho rules and Jlr Adams was therefore precluded from nny action until the vote wns decided. Tho Houso carried ihnt motion In theaffirmativc) but before tho Speaker left Iho Chnir to tho Chairman of tho Committco of the Whole, Mr Adims rose ngnin, nnd nsl.ed leovo to present the Qrcnt Petition. (As bo stood besido il, with his hand on the nxlo of tho roller, it oversha dowed tliim completely, rising nearly a foot higher than his head.) Tho b'pea cr decided that, as ono suspension of tho rules had just been ordered, nnothcr motion to suspend could not now bo enttrtnincd,nnd that iho petition could now bo received only by unani mous consent. Mr Adams then nskcil the unanimous consent of tho House, for that purpose. Hcforo any slave-holder or Southerner could draw his breath to utler his objections, two base Northern Locofocos shouted " I ontEct." and thus shut the mould of ihe great nnd venctnblo pa narch.and cut offtho claims of more man nny uiousanu trccmcn lo ho heard by the servants nnd Ilenrcsentativcsof tlienennle. The man who first cried "I obiect" wns n Renresenlntivo nf New York I'ity, known to the voters and to some of iianiiersotthat cityhy thonanicofrnnmro Wood. Thoolher whonbieclcd almost at the name instant, was Chmles J. Inpersolt, of Philadelphia. Noblo rivalry of the two greatest cities of freo America t Mr. Charles J. Infers ill seemed particularly wrath ful at tha sight of tho cl'uioii, nnd labored lo make himself conspicuous in tho sight of tho slave-holders ns their dirt-enler. He nspires lo bo considered iho most shameless man in the House but New York scorns lo booultlono by Philadelphia in anyihing. Mr Adams ihen said- "Well. I shall keen Iho neliiion on my desk until I Into nn opportunity lo present it t nnd it shall remain here ns n monument." (hero Fernando Wood ndedin an audiblo voice,) "or voun INFAMV in Now, isn't lhat rich Jottx Quinct Adams, nn ciciii, venorahlc, lime-honorc ', cxalled In soul, in mind, in station and in fame, "the coeval of tho Con stitution," its illustrator, and ils guardian, wdioso life is the history of Iho Nation, whoso character and no tions ore its pride and boast; tho friend nnd chosen favorite of Washington, the dnrlinv nnd household inmate of Franklin, the companion and counsellor of nu toe treat and gooa ot our country lor more man half a century, the glory of thrco nges, he, John (luincy Adams, is " infamous t" Fernando Wood says sol II Now, in addition to llio goncrnl hilnrious emotions excited by this impressive information, I de rive from it wholesome nnd refrcshin!r trrntificatlon of a laudable curiosity, which, I donbt not, all the citizensof New York share with me. Who does not feel curious lo know what aro Mr. Fernando Wood's opinions of 'Hnfamuf Cheating, swtndhng. over drawing nn nccount at a Hank, &c. &c. kc these nro not ''infamy." Far from it. They aro legitimate nnd honorable expressions of n genuine democratic horror of nil moneyed corporations, and of a resolute hostility to Hanks and "Wall street money changers." Hut lo bo tho distinguished nrrent and orcan of fifty thousand men of moral pnnbiple, so speak for the wronged nnu oppressed, to move on steadily nnd bravely in Ihe conscientious performance of a public uuty mi is lummy. Tuesday, Feb. 21 Senate. Tho bill to remit Gen. Jackson's fine was passed ; yeas 28, nays 20. yeas Messrs. Allen, U.tyby, Jicnton, llu chanan, Cuthbprt, Calhoun, Fulton, Graham, Henderson, Kinn;, Linn, McDuffie, McRubcrts, Manguin, Sevier, Smith of Conn., Smith of Indiana, S.orarriie, Sturnenn, Tallmadfjo, Tap pan, Walker, Wilcox, Williams, Woodbury, Wright and loung 23. Navs Messrs. Archer, Barrow, Bayard Bates, Berrien, Chnato, Clayton, Conrad, Crafts, Chittenden, Dayton, l'vans, Huntington, Kerr, Merrick, Miller, Morehoad, l'helps, White and Wondbridgc 20. Huiise. The bill npnninriatin? forty thou sand dollars, to he placed at the disposal of the President of Iho U. biitlf". to ennhie limitoes- tablili tho future commercial relations) between Iho U. States anil the Chinese Empire on terms of national equal reciprocity ; was read a third time and passed yeas 90, nays 59. Wednesday, Feb. 22. Senate. Mr Walker's Resolutions declaring it unconstitutional, Aic, for Congress to assume Stato debts, wero laid on tho table, 23 to 18, and it was understood that the subject would not bo resumed. Some conversation was had about expunging resolution, but no vote was taken. In tho House, a communication from tho President was received, statins that tho pro- cccdimM nf Coin. Jones, in the capture of Montorv, were not in consequence of any or ders given to him by tho government of the United States, and that he has been recalled. Thursday, Fob. 23. Senate. A report was made against any ac tion on tho Warehousing System at tho pres ent session. Mr Archer, from the Committee on Foreii'ii Affairs, read an extract of a letter from Mr Everett, our Minuter to London, rela. tinjj to a statement of isir Robert l'eel. viz, that a certain loiter of L-ird Aberdeen had re- mained nnanswerod and unacknowledsed to this day. Mr Everett savs that it was acknowl edged immediately after it was received, and that the JNoto ackiiowledaini it had ticcn p'ih- lished by order of parliament. So far there was a palpable mistake on tho part of Sir Rob ert. Aslothe more formal answer, it was de ferred for a time because Mr. E. had not re ccivoJ cxnected instructions. And before there was timo tor an answer and indeed only seven d lys after the dato of Lord Aberdeen's i i ., , i :..r .l T. V - L.etici, leiru viuuruuuii iinuiiiiuu on u. iii.it t special mission (that of Lord Asliliurton) hail been decided upon, and that he (Lord Aberdeen) supposed that no henofit.cmild result from the simultaneous discussion of the subject at Wash ington and at London. Of course, corrosion deliro was dropped ; hut at the suirircstioti of tho British Uovernment, and not, a air notion Peel would have it, because Mr. Webster could not answer Lord A.'s ar''ninent. FmriAY, Feb. 21. Senate. The Bankrupt repeal Bill was taken up, discussed, and then postponed till the next day. Nothing else of importance was done. In the House, I he Hill re:iil.itiur Iho taknv of testimony in case of contested elect:oiis was . , : I - I f. - : llKen up aim passcu. il co uiiius n provision enforcing tho single district system, after the 2aih congress. I ho general appropriation bill was also considered, aim tho Houso then uu jounicd. .ment. Thenenallv ofdealh. vou sav. bcim? abo Hied C'ime has decreased. What does this mean 1 ia eti- principle in human naturo developed. w hereby men will sin the more the more they have to suffer for it 7 NolatnN. The solution of the riddle ; ...o, ,i,i. iVhn iho nensliv of death was common for minor offences, nif n committed murder in the hope to conceal ineircoiiimun tiiiiiea. i,u ,.u,, nf rlo.nl, heimr taken nway from such miner offences. such murders for llio concealment ot inose oucnees cease, unless you lane nway mo penauy oi ticain from murder niso. i ma is ine true uccuuui onno mutter. Now if. ra se v reasoning irom this amelinrniinn. vou carry vour repeal of the penalty of ...... ... i , ,t .. death even to llie crime ui murucr, you ucairoy .in tne good you have effected, nnd bring back the whole evil whereit was ueiore, nay, niuuii nuiscj mm i, hub. much as you annex to murder no more oreadiui con aennenees than to other crimes, a man will now com mil murder to conceal his other crimes, just as before he felt compelled lo do it lor sucn concernment, i.e causc those crimes themselves were punishable with rtiinti. Tlio truth, then, is this ! the improper application of iha nnnltv nf denih increases crime, but ibis form. no reason lor us iinruutn'ii i,d i"...,,.j ui inuiuua I think I can illustrate thenbsurdiiy of the Mntisticnl nrgument by which you would force us to such nbto gilion, in n sinking manner, from tho science nf med icine. Quinine, in medicine, is ngrnnd remedy for fo yer i il is n specific, but it needs to lie judiciously and skillfully npplied. Supposp, now, that a set of quacks should useil injudiciously in ihecaseoffever, and in discriminately for almost nil other diseases, whether of the heart, liver, or lungs, and that in consequence diseases should bo multiplied instead of diminished by Una medicine. Now gather your statistics ol disease in such circumstances, and a strong argument for ihe abolition of quinine from ihe medical praciico might be made out bnsed upon them, But support ngsin that the indiscriminate use ot quinine snould begin lo diminish, and in consequence it should be shown that diseases hsd diminished alsoi nnd Ihe causo of such diminution being referred lo the discontinuance of quin ine, suppose you should be told lhat ilia manifest lhat ibis remedy ought lo be renounced not only in other diseases, but in fevers also, This would be an exact parallel In the statistical argument for the abolition of capital pimisnineni uimiu you accept sucn mn ar gument 7 No, vou would retain your quinine, but reg ulate its application. And so, if you ire humane and wise, you will lento your (iluiarf eidinsoseef death Exports of foreign goods Free ofduty..;. Paying duty.... Export of domestic produce. ..81,023,5(19 .. 1.219.B32 ..25,229,818 827,472,919 if made in facia ccclesiaj, to which the plaintiffs ex cepted. Exceptions nro also taken to Ihe rejection of ine statement ol ono Hnnonds, who declared Jowcll and wife were not married. Also for rejecting a news pspor publication. Tho interest of the case depends upon Its involving the questions what constitutes mar riagewhat forms nre noccssary, if any and how for tho confession of the parlies for n series of years, cnn afterwards be denied by either to bnstardiso their issue. The counsel were Atlornoy Ocncral nnd Mr. Coxe, for the appellants on behalf of the second mar riage. Col. Hunt, of Charleston, S. C, fir tho de fendants, the issue of ihe first marriage. Sergeant S. Prentiss of Mississippi. Ono of the most extraordinary instances of the power of his eloquence was his speech nt Ilarrodsburg, In defence of Murdough and others. On that oc casion Redding, tho fomentcr of tho affray, ap. peareu ns projcutor. Arrainst Aim as tho real murderer, the orator directed his most envenom ed shafts. The first cfF'ct produced on his vic tim was an expression of insolent defiance tho next, of resentment but as Iho storm of sarcasm and denunciation thickened in violence and in creased in fury, hurlling liko hail around his dnvnlcd head as his unrelenting executioner led him to the brink nf eternity ami pointed out the tormonls prepared for his false, poriureil soul the victim trembled with cmntton, and finally, iinablo to control his agony or shame andliumil. itation, buried his faco in his hands nnd burst into convulsivo soh. That was n triumph of genius not surpassed by tho most splendid oflhrts of Cicero. His speech on that occasion infinitely surpass ed in eloquence tho published copy of it tho latter having been written out by him from mem ory, at the request of tho publisher, long after it was delivered; His success before juries is very great, and cannot ho mom strikingly exemplified than by the following anecdote. He was engag. cd in a causo ponding in a circuit east of Pearl river, where juries are usually composed of mon who shape thoir verdicts in their own language, leaving to the court tho irksome task of moulding them into a legal form. On this occasion the jury were so captivated with P.'s eloquence and humor that they confounded Aim with the defen dant whom he represented, and brought in their verdic in those words "We, tho jury, find for lawyer Prentiss, and plaintiff to pay tho costs," which of course unsettled the gravity of the court bar, nnd audience, as it has done that of all who havo hoard it related since, JV. O. Tropic. IT 1 "TV 1 St t- S f ft mm I nniT r llSlfl 1 .11.1 I I I I , , - 1 imprisonment for life for tho punishment of dentil, which was voted tlo'.rn by largo ma jorities, in both branches) Tim law which finally passed is in tlio following words l Nn. 5. AN ACT relating to the punishment of Capital Crimes. It is hereby enacted by tha General Assembly of tho Stato of Vormonf, as toi lows . Sec. 1. If anv nerson shall commit anv crime) which, by tho laws of this slate, is piinishalila with death, and shall ho thereof convicted, such person shall thereupon bo sentenced to solitary confinement in the st.tto prison, until tho pun isninoni oi iioatli snail he inllictcd. Sec. 2. If any personshall hereafter bo con victed of any crime, heretofore committed by such person, which by the laws of this stato is punishable with death, such person shall there upon bo sentenced to solitary confinement in tho stato prison until tho punishment of death .shall ho inllictcd. Sec. !3. No person, upon whom sentence of death shall bo pasod by Iho county court in any county in this slate, shall bo executed itt pur suauco nf such sentence, within ono year from the time of pairing such sentence, nor until tho whole rrcord of the proceedings in such case ba certified by the clerk of s-iid rourf, under tho se.il thereof, to the governor of this slate, nor until a warrant shall bo issued by the governor, under the seal of this ptate, with said record an nexed thereto, directed to tho sheriff of tho coun ty m which tho stalo prison is or imy bo situa ted, commanding said sheriff to cause execution to bo dono upon the persnn, upon whom such sentence has been pased as aforesaid. And it shall bo the duty of sheriff to whom such war rant shall be directed, to execute tho same ac cording to law. Sec 4. This act shall tako effect from its passage. Sec. 5. All laws inconsistent with tho pro visions of this act, arc repealed. Approved Nov. 12, 1812. Will any of our professional friends in this vicinity favor us with an explanation of this act ? What must be the sentence of iht court, under it, in the case nj a capital crime 1 Must it bo, in tho words of iliu stat ute, " solitary confinement in the State Pris on, until the punishment of cleeth shall be inflicted i" Some of our friends think it must, but wo cannot so understand it. We shall refer to the subject again, on a future occasion. MATHEMATICAL AND ASTRO NOMICAL SCIENCE. From a card which appears in a late num ber of tho National Intelligencer, wo learn that our Representative, tlio Hon. Augus tus Young is about to publish a new work on tlio science of Mathematics and Astrono my. Mr. Young's work is to be entitled " Ratio in Unity, or Unity of Purpose," and is to open with a treatiso on tho quadrature of tint circle, in which lie promises to expose the insufficirncy of tho methods which are commonly auopteu by mathematicians in calculating tho approximate quadrature, and tho gross errors, both in principle nnd fact, upon which theso methods aro founded. Nor does Mr. Young stop here. But with tho boldness of a man who lias full confi dence in the accuracy of his calculations and his ability lo defend them, lie aims at still lotiiur achievements. Ho denies tho cor rectness of Sm Isaac Newton's theory of (iitAviTV, in all its principles and applica thus, and ho promises not to stop short of the most conclusive demonstration of tho cr rors committed by Sin Isaac, the manner in which they were committed, and the part of his calculations in which they occurred. II also says he will promulgato tho true law of gravity as it actually exists. If Mn. Young fulfils all his promises, ho will certainly he entitled to a re-election, notwitlistanging his vote on the Bankrupt Law. Tho Intelli gencer introduces the article of our worthy Representative with tho following editorial paragraph : ' It is proper that our readers should kiow lhat Mr Yoi-no, whose name attests his foiih in the results of mves malions into abstruse points tn geometry nnd nstronomy, (in iho article which appears in the prr- ceding columns.) is a Representative in Consrress from tha Stale of Vermont, wliosa retierinor nnd un pretending manners nre in singular contrast with the baldness and height of lus scientific aspirations. Wo regret that wo cannot publish Mrt Young's card this week. It shall appear in our next number. Stato Conventions were held in Pennsyl vania and Virginia on the 22d of February, the birth day of Washington, at which Hen ry Ci.ay was unanimously nominated for the next President of tho United States. It lias been an active day in tho House, as your reports will show yotl. I have generally avoided repeating to you the multitude of reports and rumors which have pre vailed here in regard to anticipated changes in tho Cabinet, etc., because they arc not generally worthy ,of notice. It seems, however, to bo gen erally believed, that Mr Spencer will tako Mr Forward's placo soon after Congress adjourns. I am inclined to believe this to be correct and that Cuslnng will go into tho Stato Department. The Bankrupt bill was not taken up in Iho Senate to-day, but it will bo acted on presently, and piost probably ths amendments of tho com mittee will be rejected, and tho law repealed. I have of late so firmly bolinvcd that tiiis result would take place, that I did not deem it expedi ent to burden your columns with tho report and amended bill, On Ihe meeting of the Houso this mornine, all eyes were 01 once attracted lowords tho dusk of John Quin cy Adams, upon which stood s ponderous wheel or roller, supported on a sul etanlinl frame work h.iv iiiii very much live annearance of n reduced specimen ofa "fisherman's reel." such as wo ofien seo alone our sea-shores, used for winding up and drying large fish-nets or seines. The whole height of the frame nnd roller, with its burden, was nearly ihreofeet. Uoon it was wound an immense roll of nancr. about two feet broad and nearly jwo feet in diameter as Vieweu Bl HIV villi. aula bill tuua iiiijci i la a peilllUil from Massaehustlla, signed by 51,8t3 cilizens from tbst Sisle. "nravinir Congress 10 nass such acts, and propose such amendments lo ihe Conslituiion as will separate the pelitioners from ill connection wilh the institution of domestic slavery I" The nninesof these fly-one ("lousani" eight hundred and siiti-trte Sonera, wiiiicn in hiu mummy luiiu nnu di.v, occu pied the whole extent of this immense roll, which is lutr a mux loso. Mr. Adams took the earliest moment when lis could gel the floor, to offer Ibis petition, ihis being the regultr day for lb prtMntttiaa of petition voder JEWELL vs. JEWELL. Tho Washington correspondent of tho Evening Post gives llio following history of a caso of some interest, now undergoing an investigation boforo tlio Supreme Court. "This case was tried at tho Circuit Court at Charles ton. South Carolina, One Henj. Jewell lived from 1795 to 1810, with a Calhohe lady named Sophia Provost, or Jewell, and they had cinht children. He then lef( Ii9r, nnd in 1813 married a Miss Isaacs, in Kiclimoni, arm never rciurneu 10 oo mi uaruiuin. Ilv his last connection ho also lefi children, and final Iv iliml i sun. On searehinn his naDcrs in Louisiana. a will was found among them, but while the officers of juslico were nt dinner, Ibis will disappeared, nnd has never been found. The last wife and her family only wero present, the deceased uius Heimr intes tate, nnd no provision being made for the distribution of his estate among his two families, each claim the in heritance exclusively. The children of the first mar- riago claim that, ns ine marriage nun ii isjuta too'; place when tho first wife was living, it was void, and her issue illeailmiaie. The wife nnd children of the second marriage, alledne lo rebut llus, that the first conneciion wilh Miss Provost was not marriage, but that she was only a con'iubinc, and so the second marriage was valid. So lhat the whole question turn ed on the validity of the first marriage. To prove which testimony wns inirouuccu mat iney uveu 10 neiher resneciahlv. and called each other husband nnd wife s that she was called on lo icnounce dower lo part of Ins land. This was unanimously concurrcu in lay eight or len respeclabla witnesses. Still fur ther to confirm it, tho first wife haying renounced her interest, swore shevva- duly married lo Henj. Jewell in Savannah, Ii'Jj or u. nno was unrrieo uv n imt istrnte. she brine a Catholic and her husbind a Jew. To cinfirui this, a witness who was al the house, hut did not see ine ceremony, weni in, cat rnncunn nr. nnd cnncralulalisl Jewell, nnd immediately nftei she wns in liissioro nnd ree. ived in society ns his wife. Another witness testified ho heard Jewell was lo be married nn n given day) arter lhat no was married, and witness saw him nnd bis wife living logeiher. There was various other fcvidencca, such ns iheir liv inr vears toether in Charleston, e-jucalinc their chil dren .tie. The other sub) nllnlire she sinned n naner rcceiplinsr for SiOOas n full consideration of Jewell's breach of promise nnd agreeing still io live wilh him. It wns objected lhat this paper wns an imposition, Jewell an I his first wife sjpaiated in 1910, and in 1813 ho married again, and sho also in lc18 considering herself at liberty to do the same, and did marry both wives nre living. The jury found n verdict in favor of Ihe legitimacy or the first set ot children, nnd the caso roniea in iho Sunremo Court nn executions lo ihe charge nf Ihe Court, who slnted in tho exact words of Chancellor Kent I 'That if Iho contract no mino per verba depresenti, nnd remains without roiinotta n.;rml,.,rr,rkili futuro. and be followed by c'onsuntma'ion, it nmoueis to valid marriage, ..j i.;.h ikanariipa(l,einir coniBetenI as lo sue and conssnljcsuoot dissolve, and it i equally binduig is GTXoiinir.a.v DouaiiFAcr.s. By refor onci to our Congressional head, under dale of February 20, it will bo seen lint Ex I'rtEiiDENT Adams was prevented from pre senting a petition, signed by more than fifty thoiis tnd citizens of Massachusetts in regard to tho L itimcr case, by t aro ff?" Demo crats "ajjfi'nin tho Freo Stales. Fernan do irWurNetYork city, and Chailcs J. Ingcnoll, of Philadelphia, Arcades ambo, wero the illustrious couple. Let the people mark them. (pThe Boston papers of Tuesday morn ing announce tho resignation of the Hon. Walter Forward, Secretary of tho Treas ury. Wo hopo this announcement may prove premature as Mn. Forward was an excel lent officer nnd nn honest man. CAPITAL PUNISHMENT. Tho luminous and powerful argument of tho Rnv. George B. Cheever, of New York City, against tho policy of abolishing capital punishment for tho crimo of murder will bo found in our paper this week. We ask for it tho careful perusal of our readers. All will acknowledge its power, whether they assent to ils conclusions or not. There has been, for several years past, a growing dis position in many of the States of the Union, to do away with tho punishment of death, and substituto imprisonment for lifo for capt lal crimes. Wo look upon this spirit of in novation with alarm. Wo have no sympa thy with it. Wc regard it as ono of llio thousand projects of reform, which, disre garding aliko lliu law of God and man, iho expuriencii of ages, tho welfare of llio Slate, and tho lives of its citizens, would sweep nway every thing that is vuncrablo and timo honored, in llio rago for new experiments, and untried expedients. At the last session of our own Legislature, a law was pas sed which is regarded by many, both nt home and abroad, as a virtual abolition of capital punishment. Wo do not so under stand it. Tho provisions of tho act nro vaguo enough certainly, but wo do not see how it can bo construed into an abolishment of tho penally ofdealh for tho crimo of murder. Wo know it was not so understood at the timo of its passage, for a proposition had been submitted, n few days before, to substitute "THE FARMER OF LAMOILLE." It seems the Massachusetts Loco Focos have lately inviled Nathan Sinilie to go down to Boston " fur the purpose of expressing their satisfaction at the election of Marcus Morion." It would appear from this that their satisfaction must be somewhat of tho htigest since they arc obliged to send for Mr. Smilio lo eomo and express it for them. Nathan is decidedly original in his uso of the Kings English. Ho has no idea of suffer ing his genius to ho fullered by those rules of grammar which govern ordinary mortals in their written piodtictions. IIo says "that the political victory you havo lately achiev- ud ts tho precursor of n long succession of triumphs to tho same parly must ho (ho de sire of all the fi lends of equal rights!" Well said, Nathan, "now spell bird." Hero is the letter: CAMsniDoc, Vt , Tcb. 7, 1613. Genllemen Your letter of the24lh ult. wasrecciv ed yesterday, containing your initiation for me to meel wilh you atRancml Hall on the 9th insl. for the purpose of expressing vour satisfaction at ihe elect on of .Marcus .Morion to Ike chief magistracy ofthe com monwealth. Circumstances compel me loforeco the gratification of mrcifns wilh you on lhat occasion. Hut in no case, while my life nnd reason are continu ed, can I bo deprived ofa hcarlfelt satisfaction at ihe triumph of truth over error, in'poliiics as well ns in mirals and religion. That the political victory yon have laltly achieved in your stale election is ihe pre cursor of.i long succes-ion of triumphs to the same party, must bo the desire of all the friends of equal rights! while those ill whom the law-making power is vested, nnd those intrusted with llio ndininislrniion i f Iho laws, carry out in practice tiio avowed princi ples of the deuncrnticpirly, .Votlnn-j short of equal laws nnd an impartial administration of ihi m can sat isfy intelligent freeman, and secure to them the bless inzs ofa republican eovcrnmi nt. Tho perpetuity of free government depends on tho virtue and intelheeneeof iho people. Thereis notlan ger in trusting the people with political power, when the facts nrc fairly before- ihem ; ihey will eventually arrive nt correct conchHons, nnd give n tnie verdict. The doctrine of our politienl npponenl, lhat it is tho duly of government lo protect the neb and let them take c.iro of the poor.iscondempeu1 by llielate Verdict of the peoploof .Massi-liusetrs, and is good' evidence that Ihe freeman will do right when rorrecllv inform ed. Vou have good reason, n. well as your republi can brethren of Vermont and the other stales, in re. joicent llic election nfGivernor Morton. I have not been an indideenl o' server of Ins public life, in which h? Ins eiinced talents nf the first order, nn nncntl,...! polilirinl integrity, and tin untiring devot.on to the reaiest goon oi ihe whole people. With sentiment of respect, Vour oheJipnt servant, NAT1IW SMILIE. Right of Search and Visitation. Tho following is an c.xlract from Mr. Everett letter to Mr. WnnsTEP., to which referenco is made under our congressional head. We shall givo Sir Rohert Pcei.'s speech in our next. Wo think Mr. Everett lias decided ly tho advantage of him. Extract of a despatch from Mr. Everett to Jlr. coster, ilatea unndon 1- ebuaryi, 1843. "Parliament was opened by commission vesierdnv. The Queen's Speech, nnd ihe very interesting debates upon uieauuressin ino iwo nouses, will he tound m ihe papers of today, which accompany this despatch. I nllended the debate in the Hous.e of Commons. Vou can judge of tho surprise wilh which I listened to the remarks of Sir Robert Peel on the alleged fact that Lord Aberdeen's letter to me of ihoIOlh of December, 1S4I, remained to this day "unacknowledged and un answered." It was acknowledged by riie in a note dated Iwo days afterwards, ('.'3J December, 1841.) w Inch, however unimportant, wns transmitted lo Mr. Foxbv Lord Aberdeen, nnd afterwards communicat ed to Parliament and printed. " In ibis note ol acknowledgment I informert T.nrrI Aberdeen thai I should avail myself of nn early opf portunily of makins some rcmatks on ihe very imp portant topics treated in llus letter. I pursued Ihuv course of an immediate acknowledgment oftherM ccipt ofl.ord Aberdeen's note, with notice of n pur nose of replying in due season toils contents, becnusejf oein; justuriiveu ni my poi, ini'i ihii received ins. insttuciionswhich you had informed me I might soon epeclon Ibis tojiic, ond which, ns Lord Aberdeen's nolo modified ihe ground nnd disclaimed Ihe Ian; uflfee of his predecessor, it vvos my duly lo nwnit. Such inslruclions I should, no doubt, in duo lime habere ceiteJj but on the 27ih of December, Lord Aberdeen informed mo Ihnt tho special mission had been deter mined on i lhat Lord Ashberlon would go to Ameri ca, wilh full power lo settle every point in (Hscussiori ...I ..litin u.l iinspil1 -1 I ... ...hi nr. -...1, ...tii-L nn.iMh ' - v .. v.Piat", until hodecmed tno nipstilifficult ; ana express dlheopin ion lhat il would hardly be worth while for us lo con tinuo thccoirespondenco on matter ii dispute be tween llietwo roiintiies; and, I hough j.e wns willing to conider an! leply lo anv statement I might ihink roper to n akorn nny suhjeitpendipR the nenon'a. lion that m eht take p'.nce at Waslun-dan, be supposed no benefit coulJ result from n simultaneous discussion here. "Such wero Lord Aberdeen's observations, ai re ported by mom my despatch of iJecciuber 31. "The negotiation tool; place, and n modo of dealing with and noillini; Ihe queslioi' was happily agreed upon, which made il unnecessary to resume the dis cussion so long continued tit'n the subject. In fact, from Iho moment ihe specil mission was announced, I considered lhediscussiorat n end, and as little lo be resumed in rofercm " to starch nnd visitation ai to the Boundary or the 'Caroline.'" DrsArrcAn vsce oi nxed STAns.More lhan thir ty stars, it is said, hrtvo disappeared within the last Iwo centuries. One of these presented such a brilliant ap pearance for about sixteen mouths ns lo be visible lo the naked eye at mid-day. La Place supposed il was burning up, as i hd never been acn mife.