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to invasions of Mexican territory from that quarter the Russians in the Dobrudscha have remained comfor the present.
pletely inactive since taking possession of it. The From Oregon there is no news of special interest. fortress of Silistria has been attacked on several ocThe Legislature was to adjourn on the 28th of casions, but only from a distance, and without any April. A general war has broken out among the marked results. The Russian reserves, at the latest Indian tribes. The question of organizing a State / advices, were taking position on the Sereth, a rive government and applying for admission to the which flows from the Bukowine, parallel to the frontUnion, is beginning to be agitated ;-the public ier of Transylvania. By this movement the front feeling seemed to be in favor of it.
of their army is turned rather toward the West than From the Sandwich Islands we learn that the pro- the South, making Moldavia the base of operations, ject of annexation to the United States is again and threatening Austria instead of Turkey. This exciting attention. In the Hawaiian Legislature, movement has created some uneasiness at Vienna, on the 20th of April, the Committee on Foreign and has led to the dispatch of an Austrian force of Relations made a report on various petitions on the 95,000 under General Schlick to the menaced subject, which had been referred to them--to the frontier. The Austrian government abstains from effect that it was a matter over which the Legisla. making any explieit statement to the Western Pow. ture had no control, as it belonged exclusively to ers of her object in taking this step, but it is clearly the treaty-making power:--the report also expresses designed to enable her to act with effect either full confidence in the action of the King and his against Russia or Turkey as she may ultimately Council. It is understood that Mr. Gregg, the elect. Indeed this is substantially stated by the United States Commercial Agent at the Islands, Emperor in a letter to General Schlick. Meanhas been engaged for some time in negotiating a time attempts at negotiation have not been aband. treaty of annexation; and, according to rumor, his oned. A treaty has just been published between efforts are likely to be attended with a good degree Austria and Prussia, dated the 20th of April, in of success.
which those two powers mutually guarantee to each From New Mexico we have intelligence of a se. other the whole of their respective territories, and vere engagement at Taos, between two companies engage to resist in common every attack, no matter of United States dragoons, numbering sixty in all, from what quarter it may come. They also agree to under command of Captain Magruder and Lieuten- support each other in any advance which either may ant Davidson, and about three hundred Apache and make in support of German interests. They further Utah Indians. The United States troops had declare that the indefinite occupation of the Sultan's twenty-two killed, and twenty-one wounded: only territory on the Lower Danube by the Russian seven escaped. The Indians retreated to the west troops will endanger the political, moral, and mateside of the Rio del Norte, whither they were pur- rial interests of the whole Germanic Confederation, sued by Colonel Cooke, with nearly two hundred as well as of their own states, and that this danger dragoons and riflemen. Colonel C. came upon will augment in proportion as Russia eneroaches on their camp, and took them by surprise, on the 8th the Turkish dominions. They then refer with an of April. The Indians made a desperate resistance, expression of hope to the last assurances given at but were routed with severe loss: they were pur. Berlin by the Court of St. Petersburg; but, in case sued for a long distance through very deep snow, the Prussian propositions dispatched from Berlin and over an exceedingly rough country, and driven on the 8th of April should not be successful in obinto the southern part of the Territory.
taining the required security for the evacuation of MEXICO.
the Principalities, they can expressly provide a more Santa Anna, on his return to the capital from the special engagement for their intervention. Southwestern District, officially announced a com. If these hopes shall be disappointed, the Austrian plete victory over General Alvarez, the leader of the Government binds itself to require the Russian insurrection, ordered the most profuse rejoicings Court to suspend the advance of its army into Turover the result, and embraced the opportunity to in. key, and to give securities for the speedy evacuation vite further loans in aid of the government. Later of the Principalities, and the propositions are also advices render it certain that he was repulsed, and to be energetically supported by Prussia. Should that General Alvarez in fact achieved a substantial the reply of the Imperial Court be unfavorable, one victory. Santa Anna reached Acapulco on the 19th of the contracting parties (by which we presume of April, with about six thousand men. He was at that Austria is meant) will adopt measures in order tacked the next day, and completely routed; his to obtain this security. In the event of an incortroops were pursued, and several engagements took poration of the Principalities, or an attack or passage place between the opposing forces, in all of which of the Balkan, on the part of Russia, both the GerSanta Anna was defeated ; and it was with a good man Powers agree to join in a declaration of offens. deal of difficulty that he succeeded in making his ive hostilities. It is deemed quite likely that Rus. escape. The affairs of the government are in great sia will pursue a policy which will in their literal confusion, and there is little doubt that a new change sense fulfill these conditions, in
sense fulfill these conditions, in order to prevent is close at hand.
Austria and Prussia from joining the Western THE EASTERN WAR,
Powers. So far as events are concerned, the war in East. The Russian troops on the Danube now number ern Europe makes but little progress. No decisive about 180,000 men, disposed as follows: the right, or important engagement has yet taken place; no as already stated, has taken position on the Sereth, great movement has been made on either side, and threatening Transylvania; the centre extends along the attitude of the contending parties is rather that the Danube to Rassova and Kalaraseh, where the of preparation for war than of a hearty and zealous river turns to the north, its reserve being at Bucha. prosecution of it. Some slight changes in the posi. rest; and the left wing occupies the Dobrudscha, tion of the Russian troops have been made since and maintains communication with the troops of Prince Paskiewitch assumed command. The right Odessa, commanded by Osten-Sacken. The left wing of the army has evacuated Lesser Wallachia, wing of the Turkish troops occupies the river by what appears to be a retrograde movement; and Aluta for about fifty miles from its mouth, and con.
nects with the centre at Rutschuck. The right treaty noticed above, had been kept a profound wing is posted along the line of the wall of Tra- secret from England and from other governments, jan, between the Danube and the sea, fronting the and had been communicated only after ratifications Russian troops that occupy the Dobrudscha. The had been exchanged. He promised soon to lay be. whole Turkish force is about 130,000. Of the fore the House documents which would fully war. foreign troops, about 36,000 are at Gallipoli ; 10,000 rant the coercion England had been compelled to English troops were quartered at Scutari, and exercise toward Greece. Sir James Graham an. more were daily expected. The Turkish fleet, nounced in the House of Commons that a rigorous consisting of twenty-two ships, has joined the allied blockade of all the ports of Russia had been insti. squadrons in the Black Sea.
tuted. It was not intended to blockade the ports On the 9th of April, the British steamer Furious of the White Sea. The proposition of the Governwas sent to Odessa, under a flag of truce, to bring ment to increase the malt-tax excited considerable away the English Consul. She was fired upon debate, but it was carried by a vote of 303 to 195.from the shore, and on the 17th, both fleets sailed A message from the Queen announced that, as it for Odessa and demanded explanations from the had been found necessary to send a portion of her Military Governor. These proving unsatisfactory, troops to the East, part of the militia were about to on the 22d a bombardment was commenced by five be enrolled and called into service for home defense. English and three French steamers, and was con- | The resolution appointing a commission to inquire tinued for several hours, the fire being warmly re- into the affairs of the conventual establishments of turned by the Russian batteries. The French the kingdom has been withdrawn. The bill alterAdmiral's official account states that the Russian ing the oath so as to admit Jews to seats in Parliavessels in port were burned or sunk, the batteries ment, has been rejected in the House of Commons silenced, and the establishments of the Admiralty by a majority of four. It was introduced by Lord destroyed. The Russian account charges the Allies John Russell, but was not pressed with any great with falsehood in their account of the incidents degree of vigor. The principal ground of objection which led to the attack, and represent the result as to it, on which indeed Mr. Disraeli himself opposed substantially a Russian victory. The Czar issued it, was, that it would also operate in favor of the a proclamation to this effect at St. Petersburg, Roman Catholics.- The French Embassador at which city he has, for some reason not apparent, London gave a magnificent fête on the 12th, which declared under martial law. It is rumored that the was honored by the attendance of the Queen.internal affairs of Russia are giving the Emperor a Financial affairs begin to attract considerable attengood deal of uneasiness. His troops on the Dan- tion. The plan of the Chancellor of the Exchequer ube are fearfully weakened by disease. The Cir- to throw none of the expense of the present war cassians are exceedingly active in taking posses- upon posterity, but to provide for defraying it by sion of the forts on their coast, and have received increased taxation, or by the issue of Exchequer aid and arms from both the English and French. bills, to be met by speedy resort to the same source, The Greek insurrection has been very nearly sup- is severely criticised, especially by Mr. Baring and pressed, although outbreaks still occur in some of the bankers generally; but it has been thus far sus. the provinces. General Baraguay d'Hilliers, upon tained by Parliament. The Bank of England has the decision of the Turkish Government that all increased its rate of discount to 51 per cent. the Greek Christians should be banished from the
FRANCE AND THE CONTINENT. country, demanded that an exception should be | There is very little news of interest from France, made in favor of Catholics, who, he alleged, were beyond the decision of the Emperor to form large under the protection of the French Government. military camps at St. Omer and Boulogne. This The demand was resisted as unreasonable, and the movement has excited considerable uneasiness difference became so decided that General d’Hilin Belgium and in Prussia, and has been sharply liers was recalled, and another embassador sent commented on in the British Parliament. There out by France in his stead. Both the French have been rumors of important changes in the and English have promised to send a force to aid in French ministry, but as yet they are not confirmed. putting down the Greek rebellion, if any assistance Decrees have been issued reducing the duties on should be required.
wool imported from beyond Cape Horn and the From the British fleet in the Baltic we have no Cape of Good Hope in French bottoms, and abrogat. intelligence of special interest. Cruisers had been ing the decree of 1826, prohibiting the importation stationed off all the principal ports, so that a strict of certain products in English vessels. blockade was kept up. Sir Charles Napier had a From Spain we have intelligence of violent inter. very cordial reception at Stockholm, where he had nal commotions, which threaten an overthrow of the an audience of the King. The Northern Powers ministry. The United States Minister is said to have are strongly inclined to an alliance with the West- made various extravagant demands on the Spanish ern States, and that step is strongly urged in some goverment for large indemnity for injury sustained of their journals. In Sweden, public sentiment in the detention of the Black Warrior, and also for tends very strongly in that direction. The Govern-previous violations of American rights by the coloment is taking measures to increase its military nial authorities of Cuba. While nothing authentic force, which already amounts to about 110,000 is known of these transactions, it is reported that men.
the Spanish government has refused any thing in GREAT BRITAIN.
the way of indemnity, but has granted six thousand The debates in Parliament during the month have dollars to the owners of the Black Warrior, on their not been of marked importance. The progress of prayer that their losses may be repaired. It is the war with Russia has been only incidentally re. further stated that the adjustment of these matters ferred to. In reply to questions in the House of in dispute has been intrusted to a special agent Lords on the 26th of May, the Earl of Clarendon sent to Washington for that purpose. A large rein. stated that the negotiations between Austria and forcement of the Spanish army has been sent out to Prussia, which had resulted in the conclusion of the Cuba.
OHALL THE MURDERER ESCAPE? It or any benefit from him, past, present, or to come,
is but a brief period since this question was we had nothing to fear, as we had nothing to hope. asked with an intensity of feeling which has sel. It was purely unselfish, we say, in its personal dom been manifested in our country. Its recency, aspects. It was also equally removed from any as well as its deep importance, makes it a fit theme spirit of social utilitarianism in the ordınary senses for that department of our editorial labors in which of the word. There entered into the feeling no es. we would ever seek to employ some fact of present timate of social advantages or disadvantages, as passing interest as the suggestive medium of the these fall under the common definitions of political most universal and abiding truth. Shall the mur economy. It was not even the prevention of future derer escape? With what an universal burst of ir crime, or the mischief that might result from the repressible indignation was the question uttered? / example of the impunity, that.formed the chief moral From Maine to Texas-in every State, and espe. characteristics of the sentiment or the idea. We cially in the one on whose annals the Ward murder | appeal to the universal human consciousness. Such and the Ward acquittal had left their deepest stain, / utilitarian results, it is true, were sometimes dwelt all voices joined in the utterance of one unanimous | upon in newspaper paragraphs; they came well in sense of wrong. Indignation is too tame a word. aid of the rhetorical argument; they have their It was wrath-a people's wrath--poured forth in value, their great value, in the enforcement of the tones of wailing for outraged justice, and with that social duties through their more immediate benefits; deep inward emotion which constitutes the grand still, they did not enter into the essence of the feel. eur of the moral, in distinction from the outward or ing we are attempting to analyze. A wrong bad physical sublime.
been done, a wrong of fearful magnitude, but it was The storm has passed by, the strong feeling has not so much the wrong to any individuals, or to subsided, and we may venture upon a calm and any number of individuals, or to any society, or to philosophical analysis of its essential nature. No any earthly tangible interests of any kind, that was scientific convention ever proposed to itself a prob- first, and strongest, and most peculiar in the emolem of wider practical value, or profounder theo- tion. The murder itself was not so grievous a retical interest.
wrong as the acquittal; but both were felt, and the One of the most striking characteristics of this latter especially, to be a wrong to that which is so grand social phenomenon is its universality. It is distinctly acknowledged by the conscience, yet so not confined to the moral, the religious, the known difficult to present to the calculating understanding advocates of law and order, whose well-tuned sen---the feeling, the idea (for it is both a feeling and sibilities, it might be expected, would be painfully an idea) of the Eternal Right, the immutable Justshocked at such a discord in the social scale. The ice. Here was the vital wound. It was a wrong feeling is not a peculiarity of saints or sinners, to law, not the law of Kentucky, or of the United but of humanity-of humanity, even in its most States, or of all civilized society, but to the law of fallen state. The vicious, the selfish, the worldly, the universe. The impunity of murder is a griev. the men in other respects of obtuse moral ideas, ay, ous hurt to the universal conscience, and every even the cruel and the malevolent, all resent it as man feels it just in proportion as he is a man. Ina wrong, not to themselves, but to justice, to truth dividual injuries may be forgiven, personal or even -to something which they deeply feel as having a social mischiefs may be healed, but this wrong to real existence, even though they may not be able to the abstract Justice could not thus be dealt with. analyze or define it—as a wrong, in short, to that Crime unpunished, unatoned, unsatisfied, in some ideal abstract righteousness that has its representa- way, deranges the harmony of the universe; it detive in the soul of the worst man who has not yet flects the balance of the everlasting scales. While become a demon, and without which man could not the discord remains unresolved it must jar painfully be a depraved, because he could not be a moral be- upon the moral sensibilities of every rational soul, ing. He who could himself commit murder, might and can not be endured. be pained, truly and sincerely pained, at the escape, Benthamites, and a certain class of political econor impunity, of the murderer. The very wretch omists, would fain ignore all this. But it can not be. whose crime has called forth this universal indigna- There is a doctrine of desert as well as of social tion would have felt it had it been the case of an- utility, and such cases as the one we have been other. He was a literary man, it has been said. contemplating brings it out in all its dread signifi. He has written tales of fiction. He might have re-cance. Nature and conscience will assert their presented virtue triumphant and crime visited with rights. Even the men who in theory are opposed righteous retribution, and all this as feelingly, ay, to all punishment forget themselves. The spirit as sincerely, too, as it has been ever done in the within them speaks out; they join for a season the pages of Dickens or Thackeray. The feeling be- universal utterance, and manifest their sympathy longs not to the individual as an individual, but to with the true human sentiment, in the midst of all the humanity of which he partakes, and therefore is their loud professions of a contrary doctrine. it strong, clear, unerring, universal, indestructible. Now is this feeling right or wrong? If right, or No human being ever wholly loses it until he sinks if, in other words, it is an essential part of humanto that lost ca
t condition where the man is transmuted ity which one can not be without and yet be a man, into the fiend, and evil is chosen, not merely for the then, certainly, should some consideration of it strong sensual temptation, but as the abstract good. I enter into our estimates even of social and political
As it is universal and generic, so also is it un utilities. All government of man must recognize selfish. What hurt had Matthew Ward done to us nim as man, and thus recognizing, must provide, in personally or socially? The most of us had never some way, for the healthful growth and developheard his name. We knew not his victim. We ment of whatever belongs to his humanity. We had no near relations with the society whose out. will go with any utilitarian here, if he will only put ward order had been disturbed. As to any injury, his standard of utility high enough. We might maintain that it is a great end of government, even immense magnitude of the wrong as it presents of human government, to act positively in this itself in its multiplied aspects before high Heaven way for the education of the moral sense-that thus -could we suppose man endowed with a superhuman law, imperfect as it is, should be our school. natural sense, and the ear opened to the perception master, to bring us to a due appreciation of the of spiritual realities, how would it be shocked at divine-that as the view we take of it must greatly the sad notes borne on almost every passing breeze! and permanently affect our moral perceptions for Now and then might there come, wildly and fitfully, good or evil, this should be such that its plastic like the strains of ån Æolian harp, the mournful power might mould our first ideas of law and legal wail of innocence condemned; but how much more sanctions so as to be in harmony with, and lead frequently and overpoweringly would there sweep to, the corresponding ideas of the higher sphere. over the newly-awakened organ that awsul sound Hence we might maintain that even human govern- which Holy Writ so fearfully characterizes as the ment has to do positively with immoralities, as im- “voice of blood "_" the voice of blood crying aloud moralities in other words, should punish crimes from the earth” that “refuses to cover her slain !" not solely on the ground of the immediate mischief What a sad chorus must even now be ascending they may do to person and property, but on account from every portion of our country, and especially of their intrinsic wickedness—that in the main its those parts where, of late years, homicides of every gradations of penalty should have respect to moral kind have been so frequent, and righteous retribudesert--and that in acting on such principles it tion of such difficult and rare occurrence. It is does not usurp the prerogatives of the divine gov when thus contemplated that the language of ernment, but is actually carrying it out in the exer- Scripture acquires a terrible significance—“Surely cise of a legitimate delegated authority.
the blood of your lives will I require at the hand But waiving all this, there is another position on of man; at the hand of every man's brother will I which we would here plant ourselves, because we require the life of man." can so directly fortify it by defenses that are taken The feeling we have attempted to analyze is a from the very camp of the utilitarian, and are there righteous feeling. Our appeal is to the human fore impregnable to all his assaults. If human law conscience. When its decisions speak the same may not thus aspire to a positive training of the language, in all men and at all times, we can have higher faculties, moral and intellectual, yet certainly no stronger evidence of its being truly the voice of is it bound to do them no harm. If crime unpun. God in the human soul. It may condemn many a ished inflicts more injury upon the moral sense than one who utters it, and yet he can not repress it. pestilence upon the body--if such a spectacle con- | Vindictive as some may call this sense of righteous stantly presented tends ever to destroy that most retribution, it is perfectly consistent with the persacred and valuable part of our humanity, the feeling sonal forgiveness of all personal injuries; it may of right—if the result of all this is to brutalize the dwell in the same breast with the most humbling soul and reduce men to a condition where all other sense of personal ill desert; it is the purest fountsocial and political utilities lose their value, why ain of all right-thinking and right-feeling benevoshould not the prevention of so deadly an evil be a lence; it is the surest foundation of any philanlegitimate end of human government ? Can anythropy that deserves the name. It is in perfect answer be given in the negative that does not nul. harmony, too, with the most melting view of the lify every conceivable ground of social organiza- divine mercy, and that doctrine of expiation which tion? To present the same idea in another light- furnishes the ground on which it rests. and its importance may well justify any variety of It is essentially different from the feeling of perenforcement--crime unpunished endangers the sesonal revenge-nay, its antipolar opposite. The curity of property-crime unpunished puts in peril distinction has been often taken, and yet some will the safety of the person-crime unpunished causes never comprehend the heaven-wide distance that a fatal injury as well as wrong to the moral nature separates the two ideas. The damning sin of reit hurts us sorely in both senses of the word, it provenge consists in this very thing, that it individualduces present pain to the soul and works a grievous izes, as we may say, and taints with selfishness the damage to the spiritual health-it hurts that in us universal and unselfish feeling of the holy abstract which makes us distinctively human, and we there right. This is its deadly poison, and it is this fore ask, in all earnestness, and in bold defiance of which makes it the direct antithesis of that legal any charge of fallacy-why should not this most es. retribution (whether in the divine or human govern. sential want of our nature be distinctly recognized ment) with which some are ever confounding it. in any system even of utilitarian jurisprudence Neither is this sense of justice a barren feeling that grounds itself upon a computation of pain or resting in itself. Like every other essential attriloss?
bute of our nature, it demands a corresponding It must be recognized, or our wronged human action as a satisfying of the moral craving. It not nature will right itself in irrepressible acts of vio- only pronounces the criminal deserving of punishlence. Lynch law will take the place of the solemn ment, irrespective of any utilities, but would desire judicial tribunal. Crime unpunished, frequently, that he should actually be punished. It feels a constantly unpunished, presents a state of things wrong if this in some way is not done. In proof that can not be endured. In the strong language of it, we need not confine ourselves to cases of of Scripture, “the land is polluted.” The miasma murder. The appeal may be made to the most that would have been purged by the judicial expia. common examples of crime, by way of testing the tion rests painfully upon every conscience. In universality of the sentiment. A newspaper near virtue of the organic oneness, every man feels the us furnishes as good a case as we could select. guilt, until, through the continued repetition of such Alas, that it should be of such common occurrence. an open spectacle of impunity, the conscience loses A company of wearied, poverty-stricken Norwegiall power to feel, and the social nature becomes ans, are landed from one of our emigrant ships, and wholly and irreclaimably demoralized. Each special cast homeless and friendless upon our docks. A case makes its strong appcai to us, but the isolated man-shall we call him man or fiend ?-accosts them impression is soon lost. Could we but feel the with promises of aid to their place of destination in the interior of our continent; he imposes on from the compensation or prevention of any indi. them by false tickets of conveyance ; he makes to vidual wrong. Hence, in the ancient mythology them a fraudulent sale of land to which he has no and languages, the epithets most coinmonly applied shadow of title, and thus having obtained possession to it are built upon metaphors significant of clearof nearly all their little means, he sends them forth ness, openness, exposure to the sun. Again to find, at every step of their journey, that they justice and retribution should be in their outward have been made the victims of the most heartless act, as they are in their inward nature, the antitheand wicked deception. Now what is the right, or sis of crime and revenge. As the two latter seek righteous, feeling in view of such a transaction as concealment, so the two former should ever exhibit this? Is it one simply of abstract passionless dis- their works in the presence of the universe. They approval, or does it demand a corresponding action? | are opposed to each other as the children of light Would it not cry out, as David did when his right and the children of darkness. We leave it to the cous universal conscience unwittingly passed sen- reader's mind to pursue the parallel. tence on his guilty individual self-"Surely the The truth of our position is shown, moreover, in man who hath done this deed shall suffer for it!" the course taken by the professed advocates of pri. Who that calls himself a man would be ashamed to vate, but the real enemies of all punishment that stand up in the face of heaven, and express, not deserves the name. In legal phrase, they take ad. only his disapproval of the act, but his strong de- vantage of their own wrong. Having procured sire that the base perpetrator should be hurt, pun. justice to be shut up in a prison-yard or a cell, they ished, put to pain, made to feel dolor in some way then charge it as a stigma upon her. They reproach corresponding to the selfish malignity displayed in her with her concealment, and then use it as an ar. such an atrocious and unfeeling fraud ? The organ gument for a still farther abrogation of her divine of justice to use by way of accommodation some prerogatives. They say she shuns the light. They of the language of the phrenologists, although we confine her in darkness, and then turn round and abhor their theory-the organ of justice has been argue that that which must hide from the face of day made to ache. Shall it not have its appeasing should be wholly abolished. Even some of our satisfaction as much as a hungry stomach? and most conservative minds are taken in by this cant does it not fall within the province of the law to of humanity. They do not keep their eye upon the have some regard for the higher as well as the lower great principle that is sacrificed. We warn them, want of our nature? Or if there be conceded to however, that the result will be an undermining of the Church its positive education, should not the the truth that lies at the foundation of all right law State see to it, at least, that this precious thing, the and righteous government. moral sense, receive no detriment through constant' Justice should be rescued from this reproach. Her familiarity with the impunity of crime?
Nemesis should stand forth in the light as distinctly Our train of thought suggests here an idea which as her condemnation. She should hold aloft her we will venture to express, although the great ma sword as well as her scales. Her retribution should jority of the community might seem, for certain be as public as her judicial acts. All men are not reasons, to be theoretically opposed to it. It is, required to witness it, but there should be no conthat the present mode of private executions adopted cealment. There should be such an open solemnity in some of our States is at war with the essential imparted to the transaction, that all, whether they idea of justice. It may seem bold ground, and one saw it or not, might feel, at least, that they were in on which a writer should not rashly peril his repu- the presence of law executing its righteous decis. tation either for sound thinking or right feeling, and ions, commanding silence to the noise and bustle of we therefore the more rejoice that we have on our business, rebuking all human selfishness, and shed. side an authority of whose support no man need be ding its judicial awe upon all the ways and walks ashamed. We refer to that most learned, most of the surrounding community. Such might be the profound, most conservative, most classical, most effect, if care were taken to give it all the impress. philosophical, as well as most humane of American iveness that courts, and legislators, and municipal jurists, the late Chancellor Kent. We well recol. action could throw around it. On the day of a lect a conversation in which he took decidedly capital judicial execution stores and banks and this very ground. He gave it as the result of his offices should be closed ; on that night no theatre long experience that secresy in judicial proceedings should be opened. If, in the observance of such a of any kind was ever injurious. And besides it is rule, the frequency of punishment should be found the very nature of justice, he added, with a terseness inconvenient to business or to pleasure, it might and strength of meaning that would have done balance the account of utilities by putting us honor to one of the seven sages of Greece—“it is more solemnly in mind of the fearful growth of of the very essence of justice to be public; all its crime among us, and thus calling out a more earnest doings should ever be in presence of the sun.” “Ieffort to stay the destroying plague. Thus viewed, greatly fear," continued this most upright judge and and thus conducted, the execution of law might be pure-minded man, “lest, through the device of pri. I made a very different affair from an unregulated mob, vate executions, the enemies of all punishment, and under no other control than that of a sheriff and a of all right views of law, have obtained an advantage | few constables, or the far worse transaction of a whose mischief it will hereafter be difficult to rec. human being smothered out of the world in some tify." We can not dwell upon this topic at length. | dark prison-yard, while the noise and business and There may be presented, however, a few of the excitement of the common city life are going on leading thoughts that would enter into such an as unfeelingly and as unconcernedly as though there argument, and go to show the wisdom of this posi | were not transpiring in their very midst one of the tion of Chancellor Kent. Publicity is of the very most solemn transactions that could ever occupy essence of justice. We can not connect conceal- the human hands, or engage the human thoughts. ment of any kind with the idea without impairing The changes are continually rung upon the de. its moral power. Such publicity is inseparable moralizing effects of public executions. And yet from the universality of the feeling and its demand the argument, if there be any argument in the case of satisfaction to law as something entirely distinct at all, consists in the fallacy of charging upon such