But leniency towards crime is the grand characteristic of American legislation. Whether it proceeds, (as I much suspect it does,) from the national vanity being unwilling to admit that such things can take place among “a very moral people,” or from a more praiseworthy feeling, I am not justified in asserting: the reader must form his own opinion, when he has read all I have to say upon other points connected with the subject.
I have been very much amused with the reports of the sentences given by my excellent friend the recorder of New York. He is said to be one of the soundest lawyers in the Union, and a very worthy man; but I trust say, that as recorder, he does not add to the dignity of the bench by his facetious remarks, and the peculiar lenity he occasionally shows to the culprits. See Note 3.
I will give an extract from the newspapers of some of the proceedings an his court, as they will, I am convinced, be as amusing to the reader as they have been to me.
The Recorder then called out—“Mr Crier, make the usual proclamation;” “Mr Clerk, call out the prisoners, and let us proceed to sentencing them!”
Clerk. Put Stephen Schofield to the bar.
It was done.
Clerk. Prisoner, you may remember you have heretofore been indicted for a certain crime by you committed; upon your indictment you were arraigned; upon your arraignment you pleaded guilty, and threw yourself upon the mercy of the court. What have you now to say, why judgment should not be passed upon you according to law.
The prisoner, who was a bad-looking mulatto, was silent.
Recorder. Schofield, you have been convicted of a very bad crime; you attempted to take liberties with a young white girl—a most serious offence. This is getting to be a very bad crime, and practised, I am sorry to say, to a great extent in this community: it must be put a stop to. Had you been convicted of the whole crime, we should have sent you to the state-prison for life. As it is, we sentence you to hard labour in the state-prison at Sing Sing for five years; and that’s the judgment of the court; and when you come out, take no more liberties with white girls.
Prisoner. Thank your honour it ain’t no worse.