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.”
No. LXXXVII.
It may be said of a proud, poor man—especially, if he be a fearless, godless man, as Dirk Hatteraick said of himself, to Glossin—that he is “dangerous.” It is quite probable, there are men, even in our own limited community, of an hundred and thirty thousand souls, who would rather die an easy death, than signify abroad their inability to maintain, any longer, their expensive relations to the fashionable world.
What will not such a man occasionally do, rather than submit gracefully, under such a trial, to the will of God? He will beg, and he will borrow—he will lie, and he will steal. Is there a crime, in the decalogue, or out of it, which he will not, occasionally, perpetrate, if its consummation be likely to save him from a confession of his poverty, and from ceasing to fill his accustomed niche, in the beau monde? Not one—no, not one!
Well may we, who profess to be Republicans, adopt the wisdom and the words of Montesquieu—“The less luxury there is in a Republic, the more it is perfect. * * * * Republics end with luxury.”
A significant illustration of these remarks will readily occur, to every reader of American History, in the conduct and character of Benedict Arnold. Among the dead, who, with their own hands, have prepared themselves graves of infamy, there are men of elevated rank, who have made shipwreck of the fairest hopes, in a similar manner. But, far in advance of them all, Arnold is entitled to a terrible preëminence.