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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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, # 0 Is * » tittffto * ftppe » l to » tt . ^ 1 * * f trial which , however absurd in itself * was lield * in *** y different estimation in former tiiae * . A person was lately taken up on jBtpicion of cowmiltl *^ murder on a fe * male , attended with aggravating- circumftsncts . He was tried before a jury of bis toaatry , and found not guilty ; but our few * allow in sufcb a ease the next of kin
to call for a new trial . This was doit * , and the two parties , the appellant and the ttc < piitted perfcoa ^ appeared in the Court of King's Bench . There the latter was called mdoii as usual to declare whether he was guilty or aot of the crime laid to bis eharg-e . lie denied the guilt , and threw down his gauntlet in open court , as a pledge , that he would maintain his innocence in single combat with the appellant .
The latter did not take up ihe gauntlet ^ bat by his counsel moved for time to con * tider this novel mode of defence , which Was allowed by the coiirt ; and on the next Appearance of the two parties a plea was tet forth hy the appellant against the trial fey combat , and the argument upon it Was put off by tue judges till the next term . In this state the matter new rests :
but it May he here observed , that , when the af pellan ^ s counsel urged the absurdity frf permitting the man , wfro had murdered Ihe sister , to remove hit guilt by the chance tf murdering the brother , he was called to 6 ider by the judge , who would not permit that to be denned murder which was
allowed by the law of the land . This involves a consideration of great importance . The expiation of murder bjr the death of the murderer derives its origin from a higher source than the lfettfticipal laws of a country . It is the Divine command to the trirtle human race , give * at the time of the fcovfeuaut With Noah : tond murder is
murder whether the laws of the country call it by tbat hame or not . Indeed a whole nation taay be involved in the guilt of it : for with ftuoh a crime the apfestle Peter boldly chatoged the Jewish nation ^ when ho said , u have" throu&n lawless power aiurderea the Just One . " Yet he was executed
^ uh , All the forms of law : a dftarg-o was brought against hint to the proper judge , tad by bint tto seri * e * o « of death Was past on an imaginary © rjm « 4 So also Calvin ^ * itfc the inhabitan t * of Createva ^ mnreWed ^ rvetas , aoiwithrtartding all the terms and form * of law , by which they carried their cruel sentence info execution . It there * fa * is not so clear , as the judge seemed to jhrek it , thai the counsel made use of an "oprope * efcpresMonv
It is not necessary to < e * pa £ iate bn the pordity of trying a case byningte combat , li •« felt fey thavwfeole nation ; and ttiost FohtW ^ ouc statute-bod ^ wil l k * Qlebre * ** the Mxt itgslonf ^ poriiaBUdnt . tironi
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tnli stain upoa it * Yet many person * , who can see at once the folly of this expedient , will not be the less ready to justify an appeal to arms , in the case of a dispute between two nations . Has not such an appeal been nine times out ' of ten equally absurd ? A ad does not a great responsibility lie upon one or other of the nations , for the blood shed in the war ? Tfcfe is a bility lie upon one or other of the nations , for the blood shed in the war ? Tfcfe is a
serious question 5 and , if the nations engaging in the combat , profess the Christian religion , how greatly is its wickedness aggravated , if it takes up arms in an unjust or an unnecessary war ! In such cases , many excuse themselves as not participating in the guilt of the country which is in fault , because , they say , our voice could not be heard ; but this will certainly not excuse those , who , by their language in
conversation or in sermons ^ encourage the spirit of war , and foment , instead of assuaging * , the causes of discord . The shedding' of men's blood involves an awful responsibility 5 and whether it be by the single combat in lists , witnessed by judges , or by nations in the field of battle , or by individuals , according' to the preposterous notions of honour , in duel , the voice of the avenger of blood cannot h % sti £ ed . The curse of
the first-bom , Cain , rest * upon the murderer . Yet these sentiments will meet with a sfneer from the men of this world . Even the other day , a dual was announced between a foreign prince and a general * with all the circumstances of time atfd place , and a set of seconds on each side . Unhappy wretches ! Little do ye think of the valite
of your own souls , and the blindness , wickedness and folly of your prejudices . The parliament of France is assembled , and a great question is brought before them , that of the liberty of the pf < &s » It will , probably , end in the victory , as It fes termed , of the governors over the gbvetheii i in exposing to the penalties « % f law thttlle who
have the 0011 ragt * toftpeaft the truth . Ttibffe cannot be a doubt that the pert , as well as the tongue , may be guilty of £ feattofFettcffes yet in the prevention of tihetn , care must fee taken , that greater injury is not d 6 nfe TO the cause of virtue and truth , by the laws against supposed libelfe ** - , than cotrld be produced by the warn tensions 6 f the wofst of n » e * . The debates upon this
subject tviU be interesting , niid afford matter fb * deep reflection . Yel , in spite of every thing , the press is so powerful an engirt * , that the ntttddest governors will find it out of their power Vo subdue it . Good governor * will neve * - be afraid of ft . Its betteftfe we fat superior to the tfifttag incoiftVefiidnees that niayoccfesiotfeUy rfesnft from h . Fire is a most dfejrtrfretiVe elWtfettt *
yet , who would consent to hav ^ fe his jgfraus * destroyed , because h < fu # es littve beifcto brirnt dow « ?
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State of PuMic Affairs . 695
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Nov. 2, 1817, page 695, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2470/page/55/
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