Chapter XCIX: Introduction (22)

The "Red River Whig" of July 7, 1838, gives the particulars of a tragedy in Western Alabama, in which a planter near Lakeville, left home for some days, but suspecting his wife's fidelity, returned home late at night, and finding his suspicions verified, set fire to his house and waited with his rifle before the door, till his wife and her paramour attempted to rush out, when he shot them both dead.

From the "Morgan (Ala.) Observer," Dec. 1838.

"We are informed from private sources, that on last Saturday, a poor man who was moving westward with his wife and three little children and driving a small drove of sheep, and perhaps a cow or two, which was driven by his family, on arriving in Florence, and while passing through, met with a citizen of that place, who rode into his flock and caused him some trouble to keep it together, when the mover informed the individual that he must not do so again or he would throw a rock at him, upon which some words ensued, and the individual again disturbed the flock, when the mover, as near as we can learn, threw at him upon this the troublesome man got off his horse, went into a grocery, got a gun, and came out and deliberately shot the poor stranger in the presence of his wife and little children. The wounded man then made an effort to get into some house, when his murderous assailant overtook and stabbed him to the heart with a _Bowie knife_. This revolting scene, we are informed, occurred in the presence of many citizens, who, report says, never even lifted their voices in defence of the murdered man."

A late number of the "Flag of the Union," published at Tuscalosa, the seat of the government of Alabama, states that "since the commencement of the late session of the legislature of that state, no less than THIRTEEN FIGHTS had been had within sight of the capitol." _Pistols and Bowie knives were used in every case_.

The present white population of Alabama is about the same with that of New Jersey, yet for the last twenty years there has not been so many public deadly affrays, and of such a horrible character, in New Jersey, as have taken place in Alabama within the last eight months.

MISSISSIPPI.

Mississippi became one of the United States in 1817. Its present white population is about one hundred and sixty thousand.

The following extracts will serve to show that those who combine together to beat, rob, and manacle innocent men, women and children, will stick at nothing when their passions are up.

The following murderous affray at Canton, Mississippi, is from the "Alabama Beacon," Sept, 13, 1838.

"A terrible tragedy recently occurred at Canton, Miss., growing out of the late duel between Messrs. Dickins and Drane of that place. A Kentuckian happening to be in Canton, spoke of the duel, and charged Mr. Mitchell Calhoun, the second of Drane, with cowardice and unfairness. Mr. Calhoun called on the Kentuckian for an explanation, and the offensive charge was repeated. _A challenge and fight with Bowie knives, toe to toe_, were the consequences. Both parties were dreadfully and dangerously wounded, though neither was dead at the last advices. Mr. Calhoun is a brother to the Hon. John Calhoun, member of Congress."

Here follows the account of the duel referred to above, between Messrs. Dickins and Drane.

"Intelligence has been received in this town of a fatal duel that took place in Canton, Miss., on the 28th ult., between Rufus K. Dickins, and a Mr. Westley Drane. They fought with double barrelled guns, loaded with buckshot--both were mortally wounded."

The "Louisville Journal" publishes the following, Nov. 23.

"On the 7th instant, a fatal affray took place at Gallatin, Mississippi. The principal parties concerned were, Messrs. John W. Scott, James G. Scott, and Edmund B. Hatch. The latter was shot down and then stabbed twice through the body, by J.G. Scott."

The "Alabama Beacon" of Sept. 13, 1838, says:

"An attempt was made in Vicksburg lately, by a gang of Lynchers, to inflict summary punishment on three men of the name of Fleckenstein. The assault was made upon the house, about 11 o'clock at night. Meeting with some resistance from the three Fleckensteins, a leader of the gang, by the name of Helt, discharged his pistol, and wounded one of the brothers severely in the neck and jaws. A volley of four or five shots was almost instantly returned, when Helt fell dead, a piece of the top of the skull being torn off, and almost the whole of his brains dashed out. His comrades seeing him fall, suddenly took to their heels. There were, it is supposed, some _ten or fifteen_ concerned in the transaction."

The "Manchester (Miss.) Gazette," August 11, 1838, says:

"It appears that Mr. Asa Hazeltine, who kept a public or boarding house in Jackson, during the past winter, and Mr. Benjamin Tanner, came here about five or six weeks since, with the intention of opening a public house. Foiled in the design, in the settlement of their affairs some difficulty arose as to a question of veracity between the parties. Mr. Tanner, deeply excited, procured a pistol and loaded it with the charge of death, sought and found the object of his hatred in the afternoon, in the yard of Messrs. Kezer & Maynard, and in the presence of several persons, after repeated and ineffectual attempts on the part of Capt. Jackson to baffle his fell spirit, shot the unfortunate victim, of which wound Mr. Hazeltine died in a short time.

"We understand that Mr. Hazeltine was a native of Boston."

The "Columbia (S.C.) Telescope," Sept. 16, 1837, gives the details below:

"By a letter from Mississippi, we have an account of a rencontre which took place in Rodney, on the 27th July, between Messrs. Thos. J. Johnston and G.H. Wilcox, both formerly of this city. In consequence of certain publications made by these gentlemen against each other, Johnston challenged Wilcox. The latter declining to accept the challenge, Johnston informed his friends at Rodney, that he would be there at the term of the court then not distant, when he would make an attack upon him. He repaired thither on the 26th, and on the next morning the following communication was read aloud in the presence of Wilcox and a large crowd:

"Rodney, July 27, 1837.

"Mr. Johnston informs Mr. Wilcox, that at or about 1 o'clock of this day, he will be on the common, opposite the Presbyterian Church of this town, waiting and expecting Mr. Wilcox to meet him there.

"I pledge my honor that Mr. Johnston will not fire at Mr. Wilcox, until he arrives at a distance of one hundred yards from him, and I desire Mr. Wilcox or any of his friends, to see that distance accurately measured.

"Mr. Johnston will wait there thirty minutes.

"J. M. DUFFIELD.

"Mr. Wilcox declined being a party to any such arrangement, and Mr. D. told him to be prepared for an attack. Accordingly, about an hour after this, Johnston proceeded towards Wilcox's office, armed with a double-barrelled gun, (one of the barrels rifled,) and three pistols in his belt. He halted about fifty yards from W's door and leveled his gun. W. withdrew before Johnston could fire, and seized a musket, returned to the door and flashed. Johnston fired both barrels without effect. Wilcox then seized a double barrel gun, and Johnston a musket, and both again fired. Wilcox sent twenty-three buck shot over Johnston's head, one of them passing through his hat, and Wilcox was slightly wounded on both hands, his thigh and leg."

From the "Alabama Beacon," May 27, 1838.

"An affray of the most barbarous nature was expected to take place in Arkansas opposite Princeton, on Thursday last. The two original parties have been endeavoring for several weeks, to settle their differences at Natchez. One of the individuals concerned stood pledged, our informant states, to fight three different antagonists in one day. The fights, we understand, were to be with pistols; but a variety of other weapons were taken along--among others, the deadly Bowie knife. These latter instruments, we are told, were whetted and dressed up at Grand Gulf, as the parties passed up, avowedly with the intention of being used in the field."

From the "Southern (Miss) Argus," Nov. 21, 1837.

"We learn that, at a wood yard above Natchez, on Sunday evening last, a difficulty arose between Captain Crosly, of the steamboat Galenian, and one of his deck passengers. Capt. C. drew a Bowie knife, and made a pass at the throat of the passenger, which failed to do any harm, and the captain then ordered him to leave his boat. The man went on board to get his baggage, and the captain immediately sought the cabin for a pistol. As the passenger was about leaving the boat, the captain presented a pistol to his breast, which snapped. Instantly the enraged and wronged individual seized Capt. Crosly by the throat, and brought him to the ground, when he drew a dirk and stabbed him eight or nine times in the breast, each blow driving the weapon into his body up to the hilt. The passenger was arrested, carried to Natchez, tried and acquitted."

The "Planter's Intelligencer" publishes the following from the Vicksburg Sentinel of June 19, 1838.

"About 1 o'clock, we observed two men 'pummeling' one another in the street, to the infinite amusement of a crowd. Presently a third hero made his appearance in the arena, with Bowie knife in hand, and he cried out, "Let me come at him!" Upon hearing this threat, one of the pugilists 'took himself off,' our hero following at full speed. Finding his pursuit was vain, our hero returned, when an attack was commenced upon another individual. He was most cruelly beat, and cut through the skull with a knife; it is feared the wounds will prove mortal. The sufferer, we learn, is an inoffensive German."

From the "Mississippian," Nov. 9, 1838.

"On Tuesday evening last, 23d, an affray occurred at the town of Tallahasse, in this county, between Hugh Roark and Captain Flack, which resulted in the death of Roark. Roark went to bed, and Flack, who was in the barroom below, observed to some persons there, that he believed they had set up Roark to whip him; Roark, upon hearing his name mentioned, got out of bed and came downstairs. Flack met and stabbed him in the lower part of his abdomen with a knife, letting out his bowels. Roark ran to the door, and received another stab in the back. He lived until Thursday night, when he expired in great agony. Flack was tried before a justice of the peace, and we understand was only held to bail to appear at court in the event Roark should die."

From the "Grand Gulf Advertiser" Nov. 7, 1838.

"_Attempt at Riot at Natchez_.--The _Courier_ says, that in consequence of the discharge of certain individuals who had been arraigned for the murder of a man named _Medill_, a mob of about 200 persons assembled on the night of the 1st instant, with the avowed purpose of _lynching_ them. But fortunately, the objects of their vengeance had escaped from town. Foiled in their purpose, the rioters repaired to the shantee where the murder was committed, and precipitated it over the bluff. The military of the city were ordered out to keep order."

From the "Natchez Free Trader."

"A violent attack was lately made on Captain Barrett, of the steamboat Southerner, by three persons from Wilkinson co., Miss., whose names are Carey, and one of the name of J.S. Towles. The only reason for the outrage was, that Captain B. had the assurance to require of the gentlemen, who were quarreling on board his boat, to keep order for the peace and comfort of the other passengers. _Towles_ drew a Bowie knife upon the Captain; which the latter wrested from him. A pistol, drawn by one of the Careys was also taken, and the assailant was knocked overboard. Fortunately for him he was rescued from drowning. The brave band then landed. On her return up the river, the Southerner stopped at Fort Adams, and on her leaving that place, an armed party, among whom were the Careys and Towles, fired into the boat, but happily the shot missed a crowd of passengers on the hurricane deck."

From the "Mississippian," Dec. 18, 1838.

"Greet Spikes, a citizen of this county, was killed a few days ago, between this place and Raymond, by a man named Pegram. It seems that Pegram and Spikes had been carrying weapons for each other for some time past. Pegram had threatened to take Spikes' life on first sight, for the base treatment he had received at his hands.

"We have heard something of the particulars, but not enough to give them at this time. Pegram had not been seen since."

The "Lynchburg Virginian," July 23, 1638, says:

"A fatal affray occurred a few days ago in Clinton, Mississippi. The actors in it were a Mr. Parham, Mr. Shackleford, and a Mr. Henry. Shackleford was killed on the spot, and Henry was slightly wounded by a shot gun with which Parham was armed."

From the "Columbus (Ga.) Sentinel," Nov. 22, 1838.

"_Butchery_.--A Bowie knife slaughter took place a few days since in Honesville, Miss. A Mr. Hobbs was the victim; Strother the butcher."

The "Vicksburg Sentinel," Sept. 28, 1837, says:

"It is only a few weeks since humanity was shocked by a most atrocious outrage, inflicted by the Lynchers, on the person of a Mr. Saunderson of Madison, co. in this state. They dragged this respectable planter from the bosom of his family, and mutilated him in the most brutal manner--maiming him most inhumanly, besides cutting off his nose and ears and scarifying his body to the very ribs! We believe the subject of this foul outrage still drags out a miserable existence--an object of horror and of pity. Last week a club of Lynchers, amounting to four or five individuals, as we have been credibly informed, broke into the house of Mr. Scott of Wilkinson co., a respectable member of the bar, forced him out, and hung him dead on the next tree. We have heard of numerous minor outrages committed against the peace of society, and the welfare and happiness of the country; but we mention these as the most enormous that we have heard for some months.

"It now becomes our painful duty, to notice a most disgraceful outrage committed by the Lynchers of Vicksburg, on last Sunday. The victim was a Mr. Grace, formerly of the neighborhood of Warrenton, Va., but for two years a resident of this city. He was detected in giving free passes to slaves and brought to trial before Squire Maxey. Unfortunately for the wretch, either through the want of law or evidence, he could not be punished, and he was set at liberty by the magistrate. The city marshal seeing that a few in the crowd were disposed to lay violent hands on the prisoner in the event of his escaping punishment by law, resolved to accompany him to his house. The Lynch mob still followed, and the marshal finding the prisoner could only be protected by hurrying him to jail, endeavored to effect that object. The Lynchers, however, pursued the officer of the law, dragged him from his horse, bruised him, and conveyed the prisoner to the most convenient point of the city for carrying their blood-thirsty designs into execution. We blush while we record the atrocious deed; in this city, containing nearly 5,000 souls, in the broad light of day, this aged wretch was stripped and flogged, we believe within hearing of the lamentations and the shrieks of his afflicted wife and children."

In an affray at Montgomery, Mississippi, July 1, 1838, Mr. A.L. Herbert was killed by Dr. J.B. Harrington. See Grand Gulf Advertiser, August 1, 1838.

The "Maryland Republican" of January 30, 1838, has the following:

"A street rencounter lately took place in Jackson, Miss., between Mr. Robert McDonald and Mr. W.H. Lockhart, in which McDonald was shot with a pistol and immediately expired. Lockhart was committed to prison."

The "Nashville Banner," June 22, 1838, has the following:

"On the 8th inst. Col. James M. Hulet was shot with a rifle without any apparent provocation in Gallatin, Miss., by one Richard M. Jones."

From the "Huntsville Democrat," Dec. 8, 1838.

"The Aberdeen (Miss.) Advocate, of Saturday last, states that on the morning of the day previous, (the 9th) a dispute arose between Mr. Robert Smith and Mr. Alexander Eanes, both of Aberdeen, which resulted in the death of Mr. Smith, who kept a boarding house, and was an amiable man and a good citizen. In the course of the contradictory words of the disputants, the lie was given by Eanes, upon which Smith gathered up a piece of iron and threw it at Eanes, but which missed him and lodged in the walls of the house. At this Eanes drew a large dirk knife, and stabbed Smith in the abdomen, the knife penetrating the vitals, and thus causing immediate death. Smith breathed only a few seconds after the fatal thrust.

"Eanes immediately mounted his horse and rode off, but was pursued by Mr. Hanes, who arrested and took him back, when he was put under guard to await a trial before the proper authorities."

From the "Vicksburg Register," Nov. 17, 1838.

"On the 2d inst. an affray occurred between one Stephen Scarbrough and A.W. Higbee of Grand Gulf, in which Scarbrough was stabbed with a knife, which occasioned his death in a few hours. Higbee has been arrested and committed for trial."

From the "Huntsville (Ala.) Democrat" Nov. 10, 1838.

"_Life in the Southwest_.--A friend in Louisiana writes, under date of the 31st ult., that a fight took place a few days ago in Madison parish, 60 miles below Lake Providence, between a Mr. Nevils and a Mr. Harper, which terminated fatally. The police jury had ordered a road on the right bank of the Mississippi, and the neighboring planters were out with their forces to open it. For some offence, Nevils, the superintendent of the operations, flogged two of Harper's negroes. The next day the parties met on horseback, when Harper dismounted, and proceeded to cowskin Nevils for the chastisement inflicted on the negroes. Nevils immediately drew a pistol and shot his assailant dead on the spot. Both were gentlemen of the highest respectability.

"An affray also came off recently, as the same correspondent writes us, in Raymond, Hinds co., Miss., which for a serious one, was rather amusing. The sheriff had a process to serve on a man of the name of Bright, and, in consequence of some difficulty and intemperate language, thought proper to commence the service by the application of his cowskin to the defendant. Bright thereupon floored his adversary, and, wresting his cowhide from him, applied it to its owner to the extent of at least five hundred lashes, meanwhile threatening to shoot the first bystander who attempted to interfere. The sheriff was carried home in a state of insensibility, and his life has been despaired of. The mayor of the place, however, issued his warrant, and started three of the sheriff's deputies in pursuit of the delinquent, but the latter, after keeping them at bay till they found it impossible to arrest him, surrendered himself to the magistrate, by whom he was bound over to the next Circuit Court. From the mayor's office, his honor and the parties litigant proceeded to the tavern to take a drink by way of ending hostilities. But the civil functionary refused to sign articles of peace by touching glasses with Bright, whereupon the latter made a furious assault upon him, and then turned and flogged 'mine host' within an inch of his life because he interfered. Satisfied with his day's work, Bright retired. Can we show any such specimens of chivalry and refinement in Kentucky!"

From the "Grand Gulf (Miss.) Advertiser," June 27, 1837.

"DEATH BY VIOLENCE.--The moral atmosphere in our state appears to be in a deleterious and sanguinary condition. _Almost every exchange paper which reaches us contains some inhuman and revolting case of murder or death by violence. Not less than fifteen deaths by violence have occurred, to our certain knowledge, within the past three months._ Such a state of things, in a country professing to be moral and christian, is a disgrace to human nature and is well calculated, to induce those abroad unacquainted with our general habits and feelings, to regard the morals of our people in no very enviable light; and does more to injure and weaken our political institutions than years of pecuniary distress. The frequency of such events is a burning disgrace to the morality, civilization, and refinement of feeling to which we lay claim and so often boast in comparison with the older states. And unless we set about and put an immediate and effectual termination to such revolting scenes, we shall be compelled to part with what all genuine southerners have ever regarded as their richest inheritance, the proud appellation of the '_brave, high-minded and chivalrous sons of the south_.'

"This done, we should soon discover a change for the better--peace and good order would prevail, and the ends of justice be effectually and speedily attained, and then the people of this wealthy state would be in a condition to bid defiance to the disgraceful reproaches which are now daily heaped upon them by the religious and moral of other states."

"The present white population of Mississippi is but little more than half as great as that of Vermont, and yet more horrible crimes are perpetrated by them EVERY MONTH, than have ever been perpetrated in Vermont since it has been a state, now about half a century. Whoever doubts it, let him get data and make his estimate, and he will find that this is no random guess."

LOUISIANA.

Louisiana became one of the United States in 1811. Its present white population is about one hundred and fifteen thousand.

The extracts which follow furnish another illustration of the horrors produced by passions blown up to fury in the furnace of arbitrary power. We have just been looking over a broken file of Louisiana papers, including the last six months of 1837, and the whole of 1838, and find ourselves obliged to abandon our design of publishing even an abstract of the scores and _hundreds_ of affrays, murders, assassinations, duels, lynchings, assaults, &c. which took place in that state during that period. Those which have taken place in New Orleans alone, during the last eighteen months, would, in detail, fill a volume. Instead of inserting the details of the principal atrocities in Louisiana, as in the states already noticed, we will furnish the reader with the testimony of various editors of newspapers, and others, residents of the state, which will perhaps as truly set forth the actual state of society there, as could be done by a publication of the outrages themselves.

From the "New Orleans Bee," of May 23, 1838.

"_Contempt of human life._--In view of the crimes which are _daily_ committed, we are led to inquire whether it is owing to the inefficiency of our laws, or to the manner in which those laws are administered, that this _frightful deluge of human blood fowl through our streets and our places of public resort_.

"Whither will such contempt for the life of man lead us? The unhealthiness of the climate mows down annually a part of our population; the murderous steel despatches its proportion; and if crime increases as it has, the latter will soon become _the most powerful agent in destroying life_.

"We cannot but doubt the perfection of our criminal code, when we see that _almost every criminal eludes the law_, either by boldly avowing the crime, or by the tardiness with which legal prosecutions are carried on, or, lastly, by the convenient application of _bail_ in criminal cases."

The "New Orleans Picayune" of July 30, 1837, says:

"It is with the most painful feelings that we _daily_ hear of some _fatal_ duel. Yesterday we were told of the unhappy end of one of our most influential and highly respectable merchants, who fell yesterday morning at sunrise in a duel. As usual, the circumstances which led to the meeting were trivial."

The New Orleans correspondent of the New York Express, in his letter dated New Orleans, July 30, 1837, says:

"THIRTEEN DUELS have been fought in and near the city during the week; _five more were to take place this morning_."

The "New Orleans Merchant" of March 20, 1838, says:

"Murder has been rife within the two or three weeks last past; and what is worse, the authorities of those places where they occur are _perfectly regardless of the fact_."

The "New Orleans Bee" of September 8, 1838, says:

"Not two months since, the miserable BARBA became a victim to one of the most cold-blooded schemes of assassination that ever disgraced a civilized community. Last Sunday evening an individual, Gonzales by name, was seen in perfect health, in conversation with his friends. On Monday morning his dead body was withdrawn from the Mississippi, near the ferry of the first municipality, in a state of terrible mutilation. To cap the climax of horror, on Friday morning, about half past six o'clock, the coroner was called to hold an inquest over the body of an individual, between Magazine and Tchoupitoulas streets. The head was entirely severed from the body; the lower extremities had likewise suffered amputation; the right foot was completely dismembered from the leg, and the left knee nearly severed from the thigh. Several stabs, wounds and bruises, were discovered on various parts of the body, which of themselves were sufficient to produce death."

The "Georgetown (South Carolina) Union" of May 20, 1837, has the following extract from a New Orleans paper.

"A short time since, two men shot one another down in one of our bar rooms, one of whom died instantly. A day or two after, one or two infants were found murdered, there was every reason to believe, by their own mothers. Last week we had to chronicle a brutal and bloody murder, committed in the heart of our city: the very next day a murder-trial was commenced in our criminal court: the day ensuing this, we published the particulars of Hart's murder. The day after that, Tibbetts was hung for attempting to commit a murder; the next day again we had to publish a murder committed by two Spaniards at the Lake--this was on Friday last. On Sunday we published the account of another murder committed by the Italian, Gregorio. On Monday, another murder was committed, and the murderer lodged in jail. On Tuesday morning another man was stabbed and robbed, and is not likely to recover, but the assassin escaped. The same day Reynolds, who killed Barre, shot himself in prison. On Wednesday, another person, Mr. Nicolet, blew out his brains. Yesterday, the unfortunate George Clement destroyed himself in his cell; and in addition to this dreadful catalogue we have to add that of the death of two, brothers, who destroyed themselves through grief at the death of their mother; and truly may we say that 'we know not what to-morrow will bring forth.'"

The "Louisiana Advertiser," as quoted by the Salt River (Mo.) Journal of May 25, 1837, says:

"Within the last ten or twelve days, three suicides, four murders, and two executions, have occurred in the city!"

The "New Orleans Bee" of October 25, 1837, says:

"We remark with regret the frightful list of homicides that are _daily_ committed in New Orleans."

The "Planter's Banner" of September 30. 1838, published at Franklin, Louisiana, after giving an account of an affray between a number of planters, in which three were killed and a fourth mortally wounded, says that "Davis (one of the murderers) was arrested by the by-standers, but a _justice of the peace_ came up and told them, he did not think it right to keep a man 'tied in that manner,' and 'thought it best to turn him loose.' _It was accordingly so done_."

This occurred in the parish of Harrisonburg. The Banner closes the account by saying:

"Our informant states that _five white men_ and _one_ negro have been murdered in the parish of Madison, during the months of July and August."

This _justice of the peace_, who bade the by-standers unloose the murderer, mentioned above, has plenty of birds of his own feather among the law officers of Louisiana. Two of the leading officers in the New Orleans police took two witnesses, while undergoing legal examination at Covington, near New Orleans, "carried them to a bye-place, and _lynched_ them, during which inquisitorial operation, they divulged every thing to the officers, Messrs. Foyle and Crossman." The preceding fact is published in the Maryland Republican of August 22, 1837.

Judge Canonge of New Orleans, in his address at the opening of the criminal court, Nov. 4, 1837, published in the "Bee" of Nov. 8, in remarking upon the prevalence of out-breaking crimes, says:

"Is it possible in a civilized country such crying abuses are _constantly_ encountered? How many individuals have given themselves up to such culpable habits! Yet we find magistrates and juries hesitating to expose crimes of the blackest dye to eternal contempt and infamy, to the vengeance of the law.

"As a Louisianian parent, _I reflect with terror_ that our beloved children, reared to become one day honorable and useful citizens, may be the victims of these votaries of vice and licentiousness. Without some powerful and certain remedy, _our streets will become butcheries overflowing with the blood of our citizens_."

The Editor of the "New Orleans Bee," in his paper of Oct. 21, 1837, has a long editorial article, in which he argues for the virtual legalizing of LYNCH LAW, as follows:

"We think then that in the circumstances in which we are placed, the Legislature ought to sanction such measures as the situation of the country render necessary, by giving to justice a _convenient latitude_. There are occasions when the delays inseparable from the administration of justice would be inimical to the public safety, and when the most fatal consequences would be the result.

"It appears to us, that there is an urgent necessity to provide against the inconveniences which result from popular judgment, and to check the disposition for the speedy execution of justice resulting from the unconstitutional principle of a pretended Lynch law, by authorizing the parish court to take cognizance without delay, against every free man who shall be convicted of a crime; from the accusations arising from the mere provocations to the insurrection of the working classes.

"All judicial sentences ought to be based upon law, and the terrible privilege which the populace now have of punishing with death certain crimes, _ought to be consecrated by law_, powerful interests would not suffice in our view to excuse the interruption of social order, if the public safety was not with us the supreme law.

"This is the reason that whilst we deplore the imperious necessity which exists, we entreat the legislative power to give the sanction of principle to what already exists in fact."

The Editor of the "New Orleans Bee," in his paper, Oct 25, 1837, says:

"We remark with regret the frightful list of homicides, whether justifiable or not, that are daily committed in New Orleans. It is not through any inherent vice of legal provision that such outrages are perpetrated with impunity: it is rather in the neglect of the _application of the law_ which exists on this subject.

"We will confine our observation to the dangerous facilities afforded by this code for the escape of the homicide. We are well aware that the laws in question are intended for the distribution of equal justice, yet we have too often witnessed the acquittal of delinquents whom we can denominate by no other title than that of homicides, while the simple affirmation of others has been admitted (in default of testimony) who are themselves the authors of the deed, for which they stand in judgment. The _indiscriminate system of accepting bail_ is a blot on our criminal legislation, and is one great reason why so many violators of the law avoid its penalties. To this doubtless must be ascribed the non-interference of the Attorney General. The law of _habeas corpus_ being subjected to the interpretation of every magistrate, whether versed or not in criminal cases, a degree of arbitrary and incorrect explanation necessarily results. How frequently does it happen that the Mayor or Recorder decides upon the gravest case without putting himself to the smallest trouble to inform the Attorney General, who sometimes only hears of the affair when investigation is no longer possible, or when the criminal has wisely commuted his punishment into temporary or perpetual exile."

That morality suffers by such practices, is beyond a doubt; yet moderation and mercy are so beautiful in themselves, that we would scarcely protest against indulgence, were it not well known that the acceptance of bail is the safeguard of every delinquent who, through wealth or connections, possesses influence enough to obtain it. Here arbitrary construction glides amidst the confusion of testimony; there it presumes upon the want of evidence, and from one cause or another it is extremely rare, that a refusal to bail has delivered the accused into the hands of justice. In criminal cases, the Court and Jury are the proper tribunals to decide upon the reality of the crime, and the palliating circumstances; _yet it is not unfrequent_ for the public voice to condemn as an odious assassin, the very individual who by the acquittal of the judge, walks at large and scoffs at justice.

"It is time to restrict within its proper limits this pretended right of personal protection; it is time to teach our population to abstain from mutual murder upon slight provocation.--Duelling, Heaven knows, is dreadful enough, and quite a sufficient means of gratifying private aversion, and avenging insult. Frequent and serious brawls in our cafes, streets and houses, every where attest the insufficiency or misapplication of our legal code, or the want of energy in its organs. To say that unbounded license is the insult of liberty is folly. Liberty is the consequence of well regulated laws--without these, Freedom can exist only in name, and the law which favors the escape of the opulent and aristocratic from the penalties of retribution, but consigns the poor and friendless to the chain-gang or the gallows, is in fact the very essence of slavery!!"

The editor of the same paper says (Nov. 4, 1837.)

"Perhaps by an equitable, but strict application of that law, (the law which forbids the wearing of deadly weapons concealed,) the effusion of human blood might be stopt _which now defiles our streets and our coffee-houses as if they were shambles_! Reckless disregard of the life of man is rapidly gaining ground among us, and the habit of seeing a man whom it is taken for granted was armed, murdered merely for a _gesture_, may influence the opinion of a jury composed of citizens, whom, LONG IMPUNITY TO HOMICIDES OF EVERY KIND has persuaded, that the right of self-defence extends even to the taking of life for _gestures_, more or less threatening. So many DAILY instances of outbreaking passion which have thrown whole families into the deepest affliction, teach us a terrible lesson."

From the "Columbus (Ga.) Sentinel," July 6, 1837.

"_Wholesale Murders_.--No less than three murders were committed in New Orleans on Monday evening last. The first was that of a man in Poydras, near the corner of Tehapitoulas. The murdered individual had been suspected of a _liason_ with another man's wife in the neighbourhood, was caught in the act, followed to the above corner and shot.

"The second was that of a man in Perdido street. Circumstances not known.

"The third was that of a watchman, on the corner of Custom House and Burgundy street, who was found dead yesterday morning, shot through the heart. The deed was evidently committed on the opposite side from where he was found, as the unfortunate man was tracked by his blood across the street. In addition to being shot through the heart, two wounds in his breast, supposed to have been done with a Bowie knife, were discovered. No arrests have been made to our knowledge."

The editor of the "Charleston, (S.C.) Mercury" of April, 1837, snakes the following remarks.

"The energy of a Tacon is much needed to vivify the police of New Orleans. In a single paper we find an account of the execution of one man for robbery and intent to kill, of the arrest of another for stabbing a man to death with a carving knife; and of a third found murdered on the Levee on the previous Sunday morning. In the last case, although the murderer was known, _no steps had been taken for his arrest_; and to crown the whole, it is actually stated in so many words, that the City guards are not permitted, according to their instructions, to patrol the Levee after night, for fear of attacks from persons employed in steamboats!"

The present white population of Louisiana is but little more than that of Rhode Island, yet more appalling crime is committed in Louisiana _every day_, than in Rhode Island during a year, notwithstanding the tone of public morals is probably lower in the latter than in any other New England state.

TENNESSEE.

Tennessee became one of the United States in 1796. Its present white population is about seven hundred thousand.

The details which follow, go to confirm the old truth, that the exercise of arbitrary power tends to make men monsters. The following, from the "Memphis (Tennessee) Enquirer," was published in the Virginia Advocate, Jan. 26, 1838.

"Below will be found a detailed account of one of the most unnatural and aggravated murders ever recorded. Col. Ward, the deceased, was a man of high standing in the state, and very much esteemed by his neighbors, and by all who knew him. The brothers concerned in this 'murder, most foul and unnatural,' were Lafayette, Chamberlayne, Caesar, and Achilles Jones, (the nephews of Col. Ward.)

"The four brothers, all armed, went to the residence of Mr. A.G. Ward, in Shelby co., on the evening of 22d instant. They were conducted into the room in which Col. Ward was sitting, together with some two or three ladies, his intended wife amongst the number. Upon their entering the room, Col. Ward rose, and extended his hand to Lafayette. He refused, saying he would shake hands with no such d----d rascal. The rest answered in the same tone. Col. Ward remarked that they were not in a proper place for a difficulty, if they sought one. Col. Ward went from the room to the passage, and was followed by the brothers. He said he was unarmed, but if they would lay down their arms, he could whip the whole of them; or if they would place him on an equal footing, he could whip the whole of them one by one. Caesar told Chamberlayne to give the Col. one of his pistols, which he did, and both went out into the yard, the other brothers following. While standing a few paces from each other, Lafayette came up, and remarked to the Col., 'If you spill my brother's blood, I will spill yours,' about which time Chamberlayne's pistol fired, and immediately Lafayette bursted a cap at him. The Colonel turned to Lafayette, and said, 'Lafayette, you intend to kill,' and discharged his pistol at him. The ball struck the pistol of Lafayette, and glanced into his arm. By this time Albert Ward, being close by, and hearing the fuss, came up to the assistance of the Colonel, when a scuffle amongst all hands ensued. The Colonel stumbled and fell down--he received several wounds from a large bowie knife; and, after being stabbed, Chamberlayne jumped upon him, and stamped him several times. After the scuffle, Caesar Jones was seen to put up a large bowie knife. Colonel Ward said he was a dead man. By the assistance of Albert Ward, he reached the house, distance about 15 or 20 yards, and in a few minutes expired. On examination by the Coroner, it appeared that he had received several wounds from pistols and knives. Albert Ward was also badly bruised, not dangerously."

The "New Orleans Bee," Sept. 22, 1838, published the following from the "Nashville (Tennessee) Whig."

"The Nashville Whig, of the 11th ult., says: Pleasant Watson, of De Kalb county, and a Mr. Carmichael, of Alabama, were the principals in an affray at Livingston, Overton county, last week, which terminated in the death of the former. Watson made the assault with a dirk, and Carmichael defended himself with a pistol, shooting his antagonist through the body, a few inches below the heart. Watson was living at the last account. The dispute grew out of a horse race."

The New Orleans Courier, April 7, 1837, has the following extract from the "McMinersville (Tennessee) Gazette."

"On Saturday, the 8th instant, Colonel David L. Mitchell, the worthy sheriff of White county, was most barbarously murdered by a man named Joseph Little. Colonel Mitchell had a civil process against Little. He went to Little's house for the purpose of arresting him. He found Little armed with a rifle, pistols, &c. He commenced a conversation with Little upon the impropriety of his resisting, and stated his determination to take him, at the same time slowly advancing upon Little, who discharged his rifle at him without effect. Mitchell then attempted to jump in, to take hold of him when Little struck him over the head with the barrel of his rifle, and literally mashed his skull to pieces; and, as he lay prostrate on the earth, Little deliberately pulled a large pistol from his belt, and placing the muzzle close to Mitchell's head, he shot the ball through it. Little has made his escape. _There were three men near by when the murder was committed, who made no attempt to arrest the murderer_."

The following affray at Athens, Tennessee, from the Mississippian, August 10, 1838.

"An unpleasant occurrence transpired at Athens on Monday. Captain James Byrnes was stabbed four times, twice in the arm, and twice in the side by A.R. Livingston. The wounds are said to be very severe, and fears are entertained of their proving mortal. The affair underwent an examination before Sylvester Nichols, Esq., by whom Livingston was let to bail."

The "West Tennessean," Aug. 4, 1837, says--

"A duel was fought at Calhoun, Tenn., between G.W. Carter and J.C. Sherley. They used yaugers at the distance of 20 yards. The former was slightly wounded, and the latter quite dangerously."

June 23d, 1838, Benjamin Shipley, of Hamilton co., Tennessee, shot Archibald McCallie. (_Nashville Banner_, July 16, 1838.)

June 23d, 1838, Levi Stunston, of Weakly co., Tennessee, killed William Price, of said county, in an affray. (_Nashville Banner, July 6, 1838_.)

October 8, 1838, in an affray at Wolf's Ferry, Tennessee, Martin Farley, Senior, was killed by John and Solomon Step. (_Georgia Telegraph, Nov 6, 1838._.)

Feb. 14, 1838, John Manie was killed by William Doss at Decatur, Tennessee. (_Memphis Gazette, May 15, 1838_.)

"From the Nashville Whig."

"_Fatal Affray in Columbia, Tenn_.--A fatal street encounter occurred at that place, on the 3d inst., between Richard H. Hays, attorney at law, and Wm. Polk, brother to the Hon. Jas. K. Polk. The parties met, armed with pistols, and exchanged shots simultaneously. A buck-shot pierced the brain of Hays, and he died early the next morning. The quarrel grew out of a sportive remark of Hays', at dinner, at the Columbia Inn, for which he offered an apology, not accepted, it seems, as Polk went to Hays' office, the same evening, and chastised him with a whip. This occurred on Friday, the fatal result took place on Monday."

In a fight near Memphis, Tennessee, May 15, 1837, Mr. Jackson, of that place, shot through the heart Mr. W.F. Gholson, son of the late Mr. Gholson, of Virginia. (_Raleigh Register, June 13, 1837_.)

The following horrible outrage, committed in West Tennessee, not far from Randolph, was published by the Georgetown (S.C.) Union, May 26, 1837, from the Louisville Journal.

"A feeble bodied man settled a few years ago on the Mississippi, a short distance below Randolph, on the Tennessee side. He succeeded in amassing property to the value of about $14,000, and, like most of the settlers, made a business of selling wood to the boats. This he sold at $2.50 a cord, while his neighbors asked $3. One of them came to remonstrate against his underselling, and had a fight with his brother-in-law Clark, in which he was beaten. He then went and obtained legal process against Clark, and returned with a deputy sheriff, attended by a posse of desperate villains. When they arrived at Clark's house, he was seated among his children--they put two or three balls through his body. Clark ran, was overtaken and knocked down; in the midst of his cries for mercy, one of the villains fired a pistol in his mouth, killing him instantly. They then required the settler to sell his property to them, and leave the country. He, fearing that they would otherwise take his life, sold them his valuable property for $300, and departed with his family. _The sheriff was one of the purchasers._"

The Baltimore American, Feb. 8, 1838, publishes the following from the Nashville (Tennessee) Banner:

"A most atrocious murder was committed a few days ago at Lagrange, in this state, on the body of Mr. John T. Foster, a respectable merchant of that town. The perpetrators of this bloody act are E. Moody, Thomas Moody, J.E. Douglass, W.R. Harris, and W.C. Harris. The circumstances attending this horrible affair, are the following:--On the night previous to the murder, a gang of villains, under pretence of wishing to purchase goods, entered Mr. Foster's store, took him by force, and rode him through the streets _on a rail_. The next morning, Mr. F. met one of the party, and gave him a caning. For this just retaliation for the outrage which had been committed on his person, he was pursued by the persons alone named, while taking a walk with a friend, and murdered in the open face of day."

The following presentment of a Tennessee Grand Jury, sufficiently explains and comments on itself:

The Grand Jurors empanelled to inquire for the county of Shelby, would separate without having discharged their duties, if they were to omit to notice public evils which they have found their powers inadequate to put in train for punishment. The evils referred to exist more particularly in the town of Memphis.

The audacity and frequency with which outrages are committed, forbid us, in justice to our consciences, to omit to use the powers we possess, to bring them to the severe action of the law; and when we find our powers inadequate, to draw upon them public attention, and the rebuke of the good.

An infamous female publicly and grossly assaults a lady; therefore a public meeting is called, the mayor of the town is placed in the chair, resolutions are adopted, providing for the summary and lawless punishment of the wretched woman. In the progress of the affair, _hundreds of citizens_ assemble at her house, and raze it to the ground. The unfortunate creature, together with two or three men of like character, are committed, in an open canoe or boat, without oar or paddle, to the middle of the Mississippi river.

Such is a concise outline of the leading incidents of a recent transaction in Memphis. It might be filled up by the detail of individual exploits, which would give vivacity to the description; but we forbear to mention them. We leave it to others to admire the manliness of the transaction, and the courage displayed by a mob of hundreds, in the various outrages upon the persons and property of three or four individuals who fell under its vengeance.

The present white population of Tennessee is about the same with that of Massachusetts, and yet more outbreaking crimes are committed in Tennessee in a _single month_, than in Massachusetts during a whole year; and this, too, notwithstanding the largest town in Tennessee has but six thousand inhabitants; whereas, in Massachusetts, besides one of eighty thousand, and two others of nearly twenty thousand each, there are at least a dozen larger than the chief town in Tennessee, which gives to the latter state an important advantage on the score of morality, the country being so much more favorable to it than large towns.

KENTUCKY.

Kentucky has been one of the United States since 1792. Its present white population is about six hundred thousand.

The details which follow show still further that those who unite to plunder of their rights one class of human beings, regard as _sacred_ the rights of no class.

The following affair at Maysville, Kentucky, is extracted from the Maryland Republican, January 30, 1838.

"A fight came on at Maysville, Ky. on the 29th ultimo, in which a Mr. Coulster was stabbed in the side and is dead; a Mr. Gibson was well hacked with a knife; a Mr. Ferris was dangerously wounded in the head, and another of the same name in the hip; a Mr. Shoemaker was severely beaten, and several others seriously hurt in various ways."

The following is extracted from the N.C. Standard.

"A most bloody and shocking transaction took place in the little town of Clinton, Hickman co. Ken. The circumstances are briefly as follows: A special canvass for a representative from the county of Hickman, had for some time been in progress. A gentleman by the name of Binford was a candidate. The State Senator from the district, Judge James, took some exceptions to the reputation of Binford, and intimated that if B. should be elected, he (James) would resign rather than serve with such a colleague. Hearing this, Binford went to the house of James to demand an explanation. Mrs. James remarked, in a jest as Binford thought, that if she was in the place of her husband she would resign her seat in the Senate, and not serve with such a character. B. told her that she was a woman, and could say what she pleased. She replied that she was not in earnest. James then looked B. in the face and said that, if his wife said so, it was the fact--'he was an infamous scoundrel and d----d rascal.' He asked B. if he was armed, and on being answered in the affirmative, he stepped into an adjoining room to arm himself; He was prevented by the family from returning, and Binford walked out. J. then told him from his piazza, that he would meet him next day in Clinton.

"True to their appointment, the enraged parties met on the streets the following day. James shot first, his ball passing through his antagonist's liver, whose pistol fired immediately afterwards, and missing J., the ball pierced the head of a stranger by the name of Collins, who instantly fell and expired. After being shot, Binford sprang upon J. with the fury of a wounded tiger, and would have taken his life but for a second shot received through the back from Bartin James, the brother of Thomas. Even after he received the last fatal wound he struggled with his antagonist until death relaxed his grasp, and he fell with the horrid exclamation, _'I am a dead man!'_

"Judge James gave himself up to the authorities; and when the informant of the editor left Clinton, Binford, and the unfortunate stranger lay shrouded corpses together."

The "N.O. Bee" thus gives the conclusion of the matter:

"Judge James was tried and acquitted, the death of Binford being regarded as an act of justifiable homicide."

From the "Flemingsburg Kentuckian," June 23,'38.

AFFRAY.--Thomas Binford, of Hickman county, Kentucky, recently attacked a Mr. Gardner of Dresden, with a drawn knife, and cut his face pretty badly. Gardner picked up a piece of iron and gave him a side-wipe above the ear that brought him to terms. The skull was fractured about two inches. Binford's brother was killed at Clinton, Kentucky, last fall by Judge James.

The "Red River Whig" of September 15, 1838, says:--"A ruffian of the name of Charles Gibson, attempted to murder a girl named Mary Green, of Louisville, Ky. on the 23d ult. He cut her in six different places with a Bowie knife. His object, as stated in a subsequent investigation before the Police Court, was to cut her throat, which she prevented by throwing up her arms."