No. LXXXVI.
The transition state, when the confidence of youth begins to give place to that wholesome distrust, which is the usual—by no means, the invariable—accompaniment of riper years, is often a state of disquietude and pain. It is no light matter to look upon the visions of our own superiority, and imaginary importance, as they break, like bubbles, one after another, and leave us abundantly convinced, that we are of yesterday, and know nothing.
The confidence of ignorance, however venial in youth, is not altogether so excusable, in full grown men. Its exhibitions, however ridiculous and absurd, are daily manifested, by mankind, in relation to those arts and sciences, which have little or nothing in common with their own respective vocations. The physician, the lawyer, the clergyman, the deeper they descend into their respective, professional wells, where truth is proverbially said to abide, proceed with increasing caution. Yet it is quite amazing, to witness the boldness, with which they dive into the very depths, that lie entirely beyond their professional precincts. The physician, who proceeds, in the cure of bodies, with the extremest caution, seems to be quite at home, in the cure of souls; and has very little doubt or difficulty, upon points, which have perplexed the brains of Hale and Mansfield. The lawyer, who, in his own department, moves warily; weighs evidence with infinite care; and consults authorities, with great deliberation—looks upon physic and theology, as rather speculative matters, and of easy acquirement. The clergyman frequently practises physic gratuitously; and holding the doctrine in perfect contempt, that the viginti studia annorum are necessary to make a tolerable lawyer, he rather opines, that, as majus implicat minus, so his knowledge of the Divine law necessarily comprehends a perfect knowledge of mere human jurisprudence.
This confidence of ignorance is nowhere more perfectly, or more briefly, expressed, than in four oft-repeated lines, in Pope’s Essay on Criticism:
“A little learning is a dangerous thing;
Drink deep, or taste not the Pierian spring:
These shallow draughts intoxicate the brain,
And drinking largely sobers us again.”
The editors of public journals are, in many instances, men of education and highly respectable abilities—men of taste and learning—men of integrity, and refinement, cherishing a just regard for the rights of individuals, and of the community. There is a very different class of men, who, however incompetent to improve the minds or the manners of the public, have a small smattering of knowledge; hold a reckless, rapid pen; and, by the aid of the scavengers, whom they employ, to rake the gutters for slander and obscenity, cater, daily, to the foulest appetites of mankind. There are some, who descend not thus, to the very nadir of all filth and corruption, but whose columns, nevertheless, are ever open, like the mouths of so many cloacæ, for the filthy contributions of every dirty depositor; and who are ever on hand, like the Scotch cloak-man, in Auld Reekie, to serve the occasions of a customer.
The very phraseology of the craft has a tendency to the amplification of an editor; and to give confirmation to the confidence of ignorance. The broken merchant, the ambitious weaver, the briefless lawyer, the literary tailor are speedily sunk, in “we,” and “our sheet,” and “our columns,” and “our-self.”
This confidence of ignorance has rarely been manifested, more extensively, upon any occasion, than in connection with the indictment, trial, and condemnation of Dr. Webster, for the murder of Dr. George Parkman.
The indictment was no sooner published, than three religious journals began to criticise this legal instrument, which had been carefully, and, as the decision of the learned Chief Justice and of the Court has decided, sufficiently, prepared, by the Attorney General of the Commonwealth. This indictment contained several counts, a thing by no means unusual, the object of which is well understood, by professional men. “If the crime was committed with a knife, or with the fists, how could it be committed with a hammer?” It would not be an easy task to convince these worthy ministers of the Gospel, how exceedingly ridiculous such commentaries appear, to men of any legal knowledge.
Judge, Jurymen, and Counsellors are severely censured, for the parts they have borne, in the trial and condemnation of Dr. Webster. By whom? By the editors of certain far-away journals, upon the evidence, as it has reached them. The evidence has been very variously reported. A portion of the evidence, however deeply graven upon the hearts, and minds, and memories of the highly respectable jury, and of the court, and of the multitude, present at the trial, is, from its peculiar nature, not transferable. I refer to the appearance, the air, the manner, the voice of the prisoner, especially, when, in opposition to the advice of his counsel, he fatally opened his mouth, and said precisely nothing, that betokened innocence.
I do not believe there was ever, in the United States, a more impartial trial, more quietly conducted, than this trial of Dr. Webster. Party feeling has had no lot, nor share, in this matter. The whole dealing has been calmly and confidingly surrendered to the laws of the land. With scarcely an exception, from the moment of arrest to the hour of trial, the public journals, in this vicinity, have borne themselves, with great forbearance to the prisoner. The family connexions of Dr. Parkman have held themselves scrupulously aloof, unless summoned to bear witness to facts, within their knowledge.
It has been asserted, in one or more journals, that even the body of Dr. Parkman has not been discovered. The reply is short, and germain—the coroner’s jury, twenty-four grand jurors, and twelve jurors in the Supreme Judicial Court have decided, that the mutilated remains were those of the late George Parkman; and that John White Webster was his murderer; and the Court has gravely pronounced the opinion, that the verdict is a righteous verdict, and in accordance with the law and the evidence. This opinion appears to meet with a very general, affirmative response, in this quarter. The jury—and the members of that panel, one and all, after twelve days’ concentration of thought, upon this solemn question of life and death, appear to have been conscientious men—the jury have not recommended the prisoner, as a person entitled to mercy.
In view of all this, the editor of a distant, public journal may be supposed to entertain a pretty good opinion of his qualifications, who ventures to pronounce his ex-cathedral decree, either that Dr. Webster is innocent, or, if guilty, that, on technical grounds, he has been illegally convicted. There is something absolutely melancholy in the contemplation of such presumption as this. But, under all the circumstances of this heart-sickening occurrence, it is impossible to behold, without a smile, the extraordinary efforts of some exceedingly benevolent people, in the city of New York, who are circulating a petition to the Governor of Massachusetts, not merely for a commutation of punishment, but for a pardon. This, to speak of it forbearingly, may be safely catalogued among the works of supererogation.
If the Governor of Massachusetts needs any guidance from man, upon the present occasion, his Council is at hand. The highest judicial tribunal of the Commonwealth, entirely approving the verdict of an impartial and intelligent jury, has sentenced Dr. Webster to be hung, for a murder, as foul and atrocious, as was ever perpetrated, within the borders of New England. Talents, education, rank aggravate the criminality of the guilty party. “To kill a man, upon sudden and violent resentment, is less penal than upon cool deliberate malice.”
If there be any substantial reasons, for pardon or commutation of punishment—any new matter, which has not been exhibited, before the court and jury—those reasons will be duly weighed—that matter will be gravely considered, by the Governor and Council. But, if the objections to the execution of the sentence, upon the present occasion, rest upon any imaginary misdirection, on the part of the Court, or any misunderstanding, on the part of the jury, those objections must be unavailing. After a careful comparison of the evidence, in the case of Dr. Webster, with the evidence, in the case of Jason Fairbanks, who was executed, for the murder of Betsy Fales, the concatena—the chain of circumstances—seems even less perfect in the latter case. Yet, after sentence, in that memorable trial, Chief Justice Dana, who sat in judgment, upon that occasion, was reported to have said, that he believed Fairbanks to be the murderer, more firmly, upon the evidence before the court, than he should have believed the very same thing, upon the evidence of his own eyesight, in a cloudy day—the first could not have deceived him—the latter might.
If an application, for pardon or commutation, be grounded, on the objection to all capital punishment, that objection has been too recently disposed of, in the case of Washington Goode. The majesty of the law, the peace of society, the decree of Almighty God call for impartial justice—WHOSO SHEDDETH MAN’S BLOOD BY MAN SHALL HIS BLOOD BE SHED!
With the eye of mercy turned upon all—aye upon all—who have any relation to the murderer, the better course is Christian submission to the decrees of God and man. What may be the value of a few more years of misery and contempt! God’s high decree, that the murderer shall die, is merciful and just. His judgment upon Cain was far more severe—not that he should die—but that he should live!—that he should walk the earth, and wear the brand of terrible distinction forever—“And now thou art cursed from the earth, which hath opened her mouth to receive thy brother’s blood from thy hand. When thou tillest the ground, it shall not henceforth yield unto thee her strength; a fugitive and a vagabond shalt thou be upon the earth. And Cain said unto the Lord, my punishment is greater than I can bear. Behold thou hast driven me out, this day, from the face of the earth; and from thy face shall I be hid; and I shall be a fugitive and a vagabond in the earth; and it shall come to pass, that every one that findeth me shall slay me. And the Lord said unto him, therefore whosoever slayeth Cain, vengeance shall be taken on him seven fold. And the Lord set a mark upon Cain, lest any one finding him should slay him.”