Republican herald. [volume], April 12, 1843, Image 2

About Republican herald. [volume] (Providence [R.I.]) 1832-1852

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Political.
From the Boston Post of Janwary 12, 1543
THE RHODE ISLAND TRIALS FOR
TREASON<THE INDEPENDENCE
OF JURORS—THE GREAT PALLA
DIUM OF THE LIBERTIES or Tug
PEOPLE.
It is unavailing to have a constitution or
any safeguard of popular liberty, unless the
rights of juries are preserved inviolate. Tt
has well been said that the downfull of the
ancient republics is vo example for us, for
they did not possess the trial by jury : but i
this trial is to be prostrated by tyranuy, and
the usurpation of judges, into a mere echo
ing of the decree of the bench in criminal
prosecutions, the people of this country have
no more protection against the despotism of
government than the Romans had against
their tritmvirate, or the Athenians against
their thirty tyrants.
The trial by jury has, at various periods,
been prostrated in England by the judicial
murders perpetrated through the subservien
cy or fear of jurors, under the detestable Jef
fries. It sprang up in its pristine vigor from
the blood of the martyr Syduey, but was again
struck at, with insidious art, by the smooth
and learned, Lut despotic and hypoeritical
Mansfield. Mansfield, however, only applied
his efforts to break down juries to trials for
libel. Jefiries, the infamous murderer of Al
gernon Sydney, was the only high English
Judge who ever denied the rig";t of the jury to
determine the law and the fact in other crim
inal cases than prosecutions for libels.
In modern times three judges, and only
three, in these United States, have dared to
invade the trial by jury, by attempting to
force them to take the law (rom the judge in
criminal trials. They are Thacher, of this
State, Parker, of New Hampshire, and Dur
fee, of Rhode Island. The two former ap
plied the doctrines of Jeffries to the jury to
enforce the license law. The latter has at
tempted to use it in the recent trial of Col.
Cooley for treason, under the despicable Al
gerine law of that State.
Cuier Jusrice Jerrries, upon the trial
of Algernon Sydney for treason, 1623, said to
the jury, **T'%s our duty (the court) to de
clare the law to you, and you are bound to re
ceive our declaration of the law "
Cuier Justice Jokr Parxer, of New-
Hampshire, in January, 1242, said to the ju
ry, in the trial of Andrew Pierce, “The court
judge of the law and instruet the jury respect
ing it 3 the court are responsible for the correct
ness of the instructions, and the jury are bound
by them !
Cmier Justice Jor Durrer, of Rhode-
Island, in the trial of Col. Cooley for treason,
under the Algerine law, in December, 1812,
said, ** The jury must take the law from the
court. The jury have no right to decide on
the existence of a law !
It will thus be seen that Jefrics and Dur-
Jee, at an iuterval of nearly two centuries be
tween each other, use the same doctrine in
regard to juries, and for the same purpose, to
bring about the conviction of an advocate o,
freedom for upholding the rights of man and
the fundamental principles of liberty, Jef
fries hung Syduney for writing an essay on
free government, and Durfee would hang Col.
Cooley, if he could, for accepting an office
under the People’s Constitution !
Let the people mark judicial tyrants wher
ever they find them. They are more danger
ous enemies to the liberties of the people o
this country than all the armies and navies o.
Europe.
Because Judges Thacher and Parker ap
plied their judge law to enforce the license
law, many. who did not reflect on the conse
(gxcnces. approved of their conduct. Let
them now see this same doctrine, as applied
to the priuciples of the Declaration of lude
pendence, and the sovereignty of the people,
in the treason trials in Rhode Ishind. Let
the independence of jurors be stricken down
by the usurpations of judge law, and how long
will the people hold their liberties except at
the will and caprice of arbitrary and capri
cious judges!
It is ditlicult to rouse the people to a true
sense of the vitality of the trial by jury, in its
original and constitational form. T'he legal
profession too generally secretly despise the
trial by jury, though they do not often openly
avow it ; and most judges are so fond of pow
er that they will usuaily usurp all the power
that juries and legislatures will let them.
There are honorable exceptions to this rule,
but they are not numerous. The easy assent
of the bar to the tendency of one of the most
learned judges in the United States Court, to
take every thing upon himself, and leave noth
ing to the jury, has rendered the trial by jury
in that court pretty much a matter of form,
without substance.
The judges of the Supreme Court in this
State have, thus far. fully conceded the right
of the jury to determine the law and the fact,
in all criminal trials.
Judge Pitman said, in the trial of Knapp,
the jury * must necessarily, in the discharge
of their duty, decide such questions of law as
well as fact as are involved in the general
question of guilty or not guily.”
Chicf Justice Shaw said, in the trial o,
Knueelaud for blasphemy, **in criminal cases
the jury pass upon the whole matter of law
and fact.”
Jud ge Wilde said, in the same trial, that the
jury were the judges of the law and the fact.
Judge Morton, in his opinion in the same
case, said, ** cases may exist in which it may
become the duty even of a jury to regard a
statutory enactment as nugatory.”
In fact, no Judge in this State, except Judge
Thacher, has ever attempted to invade the
rights of juries, or to forestall them on the
side of the government against the citizen.
The general condemnation in which that ef
fort is held, encourages the belief that it will
for many years be the only instance in our
judicial history. .
EBut to make it so, the people must be sen
sitively alive at every attempt to break down
a jury by judicial assumption. Few mem
bers of the bar will take a stand to incur judi
cial odium, by maintaining the rights of juries
against the ecourt. Erskine stood nearly a
lone in England, when he rebuked the enor
mous usurpations of the wily Mansfield.”
“The people of England,” said Mr. Erskine,
“are deeply interested in this question, and though
they are not insensible to that interest, yet they
do not feel it in its real extent. The dangerous
consequences of such a doctrine are obscured
fmmo eyes of many, because they do not feel
the immediate effects of them in daily oppression
and illjllll'.' dut that cocurdy is temporary and
Jullaciows.’.
This is exemplied in our day. Even Jef
fries, when he compelled a jury to murder
Algernon Sydney, did not dare to pledge them
before hand to conviet him. Judge Thacher,
of the Municipal Court, was the first judge
since the adoption of the United States Con
stitution, who compelled jurors o agree to
convict on the Judge's opinion of the law,
before he would allow them to sit on a jury.
This pernicious example, thongh mnfulfy
rebuked by some of the bar, and by ingdepen
dent jurors here, was successfully z\owed
by Chief Justice Parker in New Hampshire ;
and in that Democratic State that man, who
has gone further than any judge in this coun
try ever did o make a jury the merest echo
of the cowgt, still retains his power to annul
the rial hy jury, and render it a moekery in
his court. '{‘he poo‘:e of that Sute place
but little value on the trial by jury if they
deem it safe i such) handa.,
We are rejoiced to find that Judge Parker,
in this daring usurpation, has met tfw fearless
and manly resistance of one of the ablest and
most eloquent advoeates of the New Hamp
shire bar. We have read with delight the
conclusive pamphlct recently published by
I Joux P. Havr, Esq., of Dover, upon * The
Trial by Jury, and 310 attempt by Chief Jus
tice Parker to usurp the prerogative of the
ljury in eriminal cases.” Mr. Hale has done
substantial service to the cause of the people
in his able and enlightened exposition of the
rights of juries, and we trust it will arouse the
people of New Hampshire to a just sense of
| their rights and dangers under such an ad
“ministration of injustice as they now have in
their highest court. Mr. Hale was recently
‘the U, 8. Distriet Attorney for New Hamp
' shire, and is now a candidate for the next Con-
Cgress from that State, a station to which his
talents and eloquence will emmently do hon
cor. This pamphlet on the rights of jurors,
~ought to be read by every citizen who has
been or may be called to act as a juror.
- Itis worthy of remark that the precise case
“which Mr. Hale in that pamphlet supposed
Cmight occur, in a struggle between the peo
| ple and a despotie government, has just hap-
Cpened in Rhode Isfjand. In the recent trial
cof Col. Cooley for pretended treason, in ac-
Ceepting the office of representative under the
| People’s Constitution, the chief justice of the
I.\'l:m‘ has adopted, in part, the precedent of
CJudges Thacher and Parker in trammeling
| the jurors.
| The Attorney General proposed to compel
the jurors to answer, under oath, whether
they regarded the charter government as the
Ctrue government of Rhode Island, and wheth
er they believed the People’s Constitution
| was, or ever had been, the supreme law of the
State. The design was to pack a jury who
should conviet under the Algerine law of trea
son. It was manfully resisted by Messrs. At
well and Rantoul, the fearless and eloquent
~counsel for the prisoner in that trial, and the
ccourt were so far checked in their usurpation
Cas to reject the second question, while they
Cadopted the first, and excluded every person
'who would not answer in the aflivmative,—
And this, too, in a State where, from the ear
|liest period, the jury have been the judges of
law and fact, even in civil trials.
. But thanks to the independence of jurors,
this attempt in that court to sacrifice a vietim
for maintaining the sovereignty of the people,
has failed. The jury did not agree, and thus
far the shicld of the trial by jury has been in
terposed between despotism and the people.
- Foiled in their design of erushing popular
rights by the prostitution of the trial by {ury.
| these Rhode Island Judges have gone to New
port, where, if they find more subservient ju-
Cries, their next step will be to impose the sec
ond question to bind jurors to conviet against
their own consciences. Even there we trust
that men will be found to resist this judicial
Ctyranny and preserve the independence of ju
crors. Coustitutional liberty now has no re
fuge in Rhode Esland but in the trial by jury.
| "T'he despotie minority legislature of that State
pass laws to make liberty treason, and a still
' more despotic court seck to enforce these ty-
Crannical laws by subverting the trial by jury.
l What a mockery of justice is this! They
'began with the grand jury. The regularly
Ssummoned panuel, in Providence, would not
ind bills of indictment under the Algerine
aw. The Attorney General then moved, and
these Judges actually granted authority, to
Lsummon more witnesses, who were brought
Cing and by this outrageous process indiet
'ments were found. Then came the trial.—
The very question at issue lay between the
Cpeople’s party, the non-frecholders who were
Ccharged with weason, and the landholders
cwho had passed the Algerine law, None but
reeholders can sit as jurors in Rhode Island,
and thus the accused are to be tried not by
their pecrs, as the constitution and the com
~mon law require, but by jurors selected from
the body of men who are attempting to de
stroy the liberties of the people! And even
this little chanee for a faie trial is narrowed
“down by an arbitrary Judge assuming to put
Cquestions to entrap and pledge jurors into a
? conviction, which no Judge, in the worst pe
(riods of English jurispradence, ever dared to
inpose upon the independence of jurors.
l Foiled in their thirst for blood by the noble
Lindependence of five out of the twelve jurors
~who tried Col. Cooley, the Algerine press of
' Rhode Island assails those high-minded men
- with bitter ferocity. And this machinery of
l arbitrary judges and a malignant press, are to
| be brought to be bear upon the future trials
for treason in that dishonored State. Jeflvies
| succeeded in getting a jury to hang Sydney
| for writing in his study a paper in favor of lib
! erty. We trust in God that no jury will be
found in Rhode Island to follow that accursed
l example. Let the people, here and every
| where, sece to ity that the last stronghold of
liberty, the trial by jury, is kept pure and un
! contaminated by judicial usurpation. Sur
' render every sateguard of freedom before you
suffer that broad palladinin to be withdrawn
| between power and the people. ~
I'rom the Boston Post.
RHODE ISLAND---THE DEFEA'T.
T'he resuit of the election in this little out
law state is wholly disastrous to the sufirage
party, as we anticipated it would be from the
power and unscrupulous corruption on one
side, and the weakness and timidity on the
other. By the form of constitution under
which this election took place, each town
clects a senator, making thirty-one for the
whole state, and sixty-nine representatives are
apportioned partially on population. The re
sult is that all but seven towns in Providence
county have given majorities for the algerines,
who have chosen their governor (James Fen
ner, the apostate republican) by nearly two
thousand majority, and elected 24 out of the
31 senators, and 50 out of GY represensatives.,
This gives the algerines the entire control
of every thing, and demonstrates that the suf
frage party are a subdued and conquered peo
ple, and must content themselves for the pres
ent to wear their chains and submit to their
masters in silence, or else seek a freer atmos
phere in some state where white men hre not
held by their employers as slaves.
~This result will add another shout to the
trivmph of those who exault in the doctrines
“of the incapacity of the people for self-govern
‘ment, and contend that the superior intelli
‘gence and wealth of the favored classes can
always subdue the masses to their will when
ever the lash is effectually applied 1o their
backs. The superficial thinker or the self
sufficient reformer, who always denounces the
people as fools when they happen to reject his
specifies, may arrive at such a conclusion, but
the true believer in human progress will look
at the elements out of which disaster has ris
en, and he will find, after all, that in the midst
of defeat something has been gained for the
popular cause, as it always has been, even in
every seeming trinmph of the military or the
money power over popular will,
In {{hudv Island, though the sufirage party
are put down, the suffrage cause has mightily
advanced. In 1234,* a proposition to extend
suffrage beyond the frechold was scouted down
in a convention to adopt a constitution, and re
ceived but seven votes; and it continued to be
refused as doggedly as King George denied rep
resentation and taxation to the colonies, until
the assembling of the people in arms on Fed
eral Hill and at Chepachet. "T'he tyrants in
power then concvdeJ to fear what they had
for forty years denied to justice. and sufirage
was extended to all tax prayers, three years res
ident in the state and one year in the town, ex
cluding, however, most unrighteously. all ecit
izens not born in the United States. Under
thi- constitution, unjust as it is, the right of
slulfl'rngc Las been more than doubled in Rhode
sland.
Formerly the average vote at her elections
did not exceed 7,000, and the present consti-
*A convention for the formation of a Constitu
tion was holden at Newport, in the summer of
1524, in which were found only three supporters
of free suffrage, of which Dutee J. Pearce was
one .~ FEd. IHer.
tution (which the suffrage men refused to vote
upon) was adopted by a vote not exceeding
7,000, la the recent election, the vote exceeds
16,000, and this leaves at least 4,000 who are
entitled to registry, including the hundreds
that have been exiled for liberty. It is true
that of this 16,000 the old tyrants have con
trolled a large majority, in this first election,
but it is one of those trinmphs which in the
end cost defeat, and which any where on earth
but in Rhode Island (and we verily believe it
will even there) invariably results in the change
of power from the aristocracy to the masses.
'}'lw circumstances under which this first
clection occurred were the most unfavorable
to the popular cause. I'he whole state of
Rhode Island is not larger than an ordinary
county, and it is wholly governed by the dy
nasty of associated wealth, in the form of a
petty aristocracy of bankers and manufactu
rers. T'o these the landed proprictors, who
were formerly the lords of the soil and of the
state, have become secondary and subservient,
and their old charter hatred of free sutlrage
made them the ready allies of the algerines in
l)ulling down the people. True, the tyrants
wve succeeded in this contest, but how!
With the entire machinery of the state and
the United States government in their lands---
with every officer who was to decide upon the
registry of the voters their instruments---with
the expulsion and banishment of hundreds of
the most active and capable of the suffrage
men, under their algerine law, and the terms
of that law held over the head of every man
they chose to threaten with its proscription---
Wilfl' all president T'yler’s officials, as furious
and violent in the canvass as so many algerine
cadis, hunting up heretics; and, above all,
holding the means of employment in their fac
tories and places of business, by which they
could take the bread out of the mouths of ev
ery man’s wife and children, and drive him to
lose his residence, if he did notsubmit---a pow
er of proscription which they used in every
possible form, openly, shamelessly, and to the
very desperation of vindictiveness.,
These are the means by which they have
succeeded; and yet, with all these influences,
and the most reckless and unprineipled pro
seription that the world ever saw, not excep
tmg the banishment of the Poles from War
saw, there are left seven thounsand men who
have not bowed the knee to Bas, and there
are but nine thousand against them, with a
reserve of four thousand men, who have not
dared to act with the friends of freedom, but
who could not be bribed nor broken in to the
support of their tyrants further than to refuse
to act.
It should also be recollected how these sev
en thousand fearless and faithful men had to
vote. Beery man's name was written on the
bacl: of his ballot, and recorded on the town
books! And from this record every algerine
employer could select his vietim, and punish
him at his will.
Let us, then, not turn from Rhode Island
as utterly lost, but let us take into account
the infirmities of human nature, and the pow
er of the oppressor, and still hope even there
for the progress of humanity, which will as
suredly one day vindicate itself, though it has
shown, thus far, that in that one unhallowed
little spot it has not the manly courage either
to fight or to vote efiectually for liberty.
By Mail.
More Pranks rravep gy Corn. Moxrog
Eowarps.-=-The notorious swindler, Col.
Monroe Edwards, as he calls himself, who
even paid his own counsel in forged drafts, has
been cutting quite a shine in or near his new
domicil at Sing Sing.. The denouement took
place on Wednesday last.
For several days {ln had feigned to be un
well, and had applied to the Physician of the
Prison for medicine. I'he latter, not having
the fullest confidence in the reality of Ed
wards's indisposition, advised him to take an
emetics Mo this Edwards objected, and said
that he would sooner jump into the river and
drown himsell. He however on Wednesday
concluded to take the emetie, and was sent
across the yard to a hospital pertaining to the
Prison, to procure it. Inafew wminutes there
after, one of the conviets near the river called
out, “ A maninthe doek! A maninthedock !”
e at the same time reachied a long pole into
the water, and called to the drowning man to
seize it A number of persons ran towards
the scene of the tragedy. and on their arrival,
the conviet pretended that the man had just
sunk. Near the place lay the cap of Edward’s
with-a paper in it, upon which was written,
“The deed is done.”
The river was forthwith raked thoroughly
for the body, and a search made in every part
of the prison, but in vain until yesterday morn
ing, when Edwards was found conccaled in a
large bor i the shop in which he worked.
There was a shelf in the middle of the box, on
which he lay. On routing him out he was
found to be supplied with provisions for three
days, and also a quantity of brandy. It was
evident he had an assistant, and from a letter
discovered on his person, suspicion rested on
an agent of one of the contractors.---Journal
of Commerce.
Fiesoisu Arremer A 1 Murper.---A yel
low girl, about 12 years ol age, in the employ
of Mr. I'erez, of New Orleans, recently made
an attempt to murder an infant of Mr. P.'s,
which she had been engaged to nurse. The
child was discovered to be in a bad condition,
but its complaint bafiled medical skill. Sus
picion having fallen on the nurse, of an at
tempt to take the child’s life, she finally ac
knowledged, says the Picayune, that she had
put a quantity of powdered glass into the little
sufferer’s food! Nor did hereruelty stop here
-=-she had mixed several small pins in a sau
cer of syrup, and compelled the unfortunate
infant to swallow them! Not content with
this, the female fiend struck the child over the
head several times with a bamboo cane, and
tried to push a picce of stick down its throat!
The servant was committed to prison for trial.
A MysTeErßloUus DISAPPEARANCE.---Jacob
Shipman, the mioney express man between N,
York and Philadelphia has disappeared, and
with him (according to the Philadelphia Ga
zette) between 575,000 and $lOO,OOO which
was intrusted to him for conveyance. IHe was
last seen in Philadelphia on Thursday, and on
that day he took passage for Pittsburg, enter
ing his name as Johnson. The Journal of
Commerce thinks that the matter looks more
like insanity than villany, as Shipman has
been in the business for gourteen vears, often
having $500,000 in his hands, and never has
been suspected of the least dishonesty. "This
opinion is confirmed by the fact that he did
not take with him all the money which was
intrusted to him, but deposited a large amount
according to his instructions. The Union
Bank, olg New York has oftered a reward of
£2OOO for his apprehension.
Ivronrant rrom Havri---Capt. Pope, of
brig Nonparell, at this port from Gonaives,
20th ult. reports that President Boyer abdica
ted and fl(’(l on _board a DBritish corvette on
the 13th, and sailed for Jamaica on the 15th.
The revolutionary movements were such in
the Southern and Western parts of the island,
that commercial operations were entirely sus
pended. The Patriots took possession of
Gonaives on the 17th, but were unable to hold
it, except conditionally.--- Boston Daily Adv.
The Roman Catholics ave preparing to build
a very large monastory and college within two
miles of South Bend, la. Ttis to be brick,
three stories high, 200 feet by 40, and will
cost about £15,000. The Roman Catholie
Church own a large quantity of real estate in
St. Joseph county, which property is to be
used toward defraymg the exrenofl of build
ing this large monastery. There are seven
teen monks and two pricéts there now.
ACQUITTAL OF 8 MERCER.
On Thursday, the arguments having been
throngh with, at 5 o’clock the Court adjourn
ed until the ringing of the Court House bell,
and the jury went out in custody of two con
stables. At twenty minutes past 5 o'clock
the Sheriff ordered the Lell to be rung, which
was understood to be a signal that the ’iury
were prepared to vender their verdiet. The
Court assembled, and a large concourse of
persons thronged the inside and outside of the
Court House. Athalf past 5 o'clock the jury,
through their foreman, rendered a verdiet that
s SinaLrroy Mercer IS NOT GUILTY
IN MANNER AND FORM AS HE
STANDS INDICTED.” The jury were
out twenty-cight minutes. When the ver
diet, was announced, a number of persons
commenced cheering, inside the Court room,
although it had been requested that no mani
festations on the part of the auditory would
be shown, no matter what the verdict was.
Linmediately that the news of the verdict
was carried outside, nine cheers were given
for *New Jerseay and the acquittal of Mercer,”
and for fifteen minutes continual cheering was
heard in the village. Singleton Mercer was
at once surrendered out of custody by the
Sherifl; but he went back to prison, in com
pany with several of his counsel, to remain
there a few hours, until the excitement had
subsided, when he was to join his family, who
have been living in Woodbury since the com
mencement of the trial. He would return to
Philadelphia yesterday.
Mercer at the time of the rendition of the
verdiet, was evidently laboring under great anx
iety of mind, and a cold sweat stood upon his
brow. After the result was made known, he
appeared more calm, and conducted himself
with much propriety.-<-N. Y. Sun of Satur
day last.
GREAT EXCITEMENT IN PHILA
DELPHIA.
Receerion or tue Mercer Faminy ny
e Cirizess.-There was much rejoicing
in the southern part of the city on Thursday
night, after the arrival of the news of Mercer's
acquittal. Boufires were lighted, and the fir
ing of guns was equal to a New Year's eve,
An eye witness deseribes the interview of
young Mercer with his family inmediately af
ter the acquittal, as a scene of extraordinary
pathos. Sarah fell on her knees before her
brother, as soon as he entered the apartment,
and implored his forgiveness for the peril and
suffering to which he had been subjected on
her account. T'he mother embraced her son,
(whom she regarded almost as one rescued
from the grave) with that joy and gladness
which find no utterance in words. T'he youth,
on his part discovered all that intensity of af
fection which forms the most agreeable trait
in his character. He hung upon his sister's
neck, and assured her of his perfect forgive
ness, begging her to consider herself blame
less, and attributing the afilictions they had
just passed through to one who had made a full
and fearful atonement for his guilt. * Our in
formant, who is not used to the melting mood,
left the room completely overwhelmed by the
artless display of filial, fraternal and parental
emotions he had witnessed.
On Friday morting all the steamboat land
ings where 1t was supposed Mr. Mercer would
arrive, were crowded with dense masses of hu
man beings of both sexes. At Walnut street
wharf the counsel who so ably and so calmly
defended their youthful prisoner, were greeted
with demonstrations of joy by long and loud
acclamations. On South street wharf there
wis an immense concourse awaiting the return
of Mr. Mercer, every body was on the qui vive
to see him. Mr. Mercer Jr. went around by
another route, while his tather and the coun
scllors returned by the usual conveyance, and
crossed the Delaware in the very boat on
which the murder was committed. On touch
ing Walnut street the dense erowd formed in
to a procession, (the old gentleman and the
counsellurs i the entre, with heads uncover
ed,) and, as they proceeded up the street, the
ladies greeted them from every balcopy, win
dow and piazza, waving their white handker
chiefs. The men rent the air with their pro
longed, loud and hearty cheering. In notic
ing these heartfelt demonstrations of a virtu
ous people, one of our Philadelphia contem
poraries very sensibly remarks :
* What a warning is here presented to the
Roues who unfortunately frequent large cities,
perambulating their streets, practicing their
wily arts and vices upon unsuspecting inno
cence and virtue, at once filling to overflowing
the cup of intense suffering. Much has been
said by New Jersey's proudest stars, and re
ported faithially by the press, and we hope
that the better portion of our race will take
warning by what they all have read. T'o rhe
Roues we give a word of parting advice, we
SaY BEWARE."”
Large cities are too often pestered with a
pack of graceless libertines who poison the
atmosphere, and this warning, with the law
as laid down by P. A. Browne, Esq. in his mas
terly speech, must have a mostsalutary effect.
N. Y, Sun.
Pusrnic Execurion.—On Friday, the 24th
ult. at New Orleans, Joseph T'ricotti, convie
ted of the crime of arson andburglary suffered
the dreadiul penalty of the law in front of the
Parish Jail, in the presence of an immense
concourse of spectators, among whom, we are
sorry to learn, were many females. The Pic
ayune states that the excitement of fear was
so great that his knees tottered under hitn, and
when he had almost reached the platform, the
ladder, executioner, priest and himself fell to
the ground. 'The ladder was more firmly fix
ed, but the wretched man was so much over
come that those in attendance were obliged to
drag him to the fatal seat. The sherifl’ read
the sentence to him, and on asking him if he
had any thing to say, Tricotti put his hand on
his heart and replied=—*On my soul, gentle
men, 1 did not set the house on fire.” The
priest, afier consoling him with words of re
ligion, Kissed him==the cap was drawn over
his eyes---the signal was given, and in a few
moments Tricotti was among the dead! His
body was conveyed to Dr. Stone’s Hospital,
where the galvanic battery was brought to
bc(:l\r upon it, and the usual phenomena elici
ted.
Navan.---U. 8. store ship Relief, Capt.
Sterrett, sailed from Callao, Nov. 24,
U. S, schr. Shark was at Callao, Jan. 16.
U. 8. ship Independence, Com. Stewart,
was at Martinique, 14th ult.
We stated yesterday, (says the Mercantile
Jourml‘l] that the U.”S. ship lndependence
touched at St. Pierres, Mart. on the 10th.
She sailed from New York on the 8h Feb,;
after cruising 30 days she made land Ist---
Marie Galante, Guadaloupe, Dominica, and
thence to Martinique. She was to sail on the
15th for Pensacola, probably touching at Port
au Prince. Officers and crew all well.
The Manson, at this port from Curacoa,
23d ult. reports sailed thence, 20th, U, S. ship
Marion, on a cruise.
Sepverion 18¥ PENNsyLvaNia.«<-The bill
making seduction an indictable offence, and
punishable by fine and imprisonment, after due
consideration and discussion has passed the
Senate of that State after being so amended
as to make the term of imprisonment not less
than one nor longer than three years, and the
fine not over five thousand dollars.
A letter received by a young man at Fall
River, from his Lrother on board brig Gov.
Hopkins, of this port, states, that on the even
ing of Dee. 25th last, while at the Isle of Grand,
three men belonging to said brig jumped over
board with the intention of swimming ashore
and escaping. Two of them succeeded, but
the third, a Mr. Jacob Smith, of Fall River,
was drowned in the attempt. The Gov. Hop
kins had 50 bbls sperm oil.-«-Bristsl R. I
Phaenir.
Republican HHerald.
PROVIDENCE,
Wednesday, April 12, 1843,
FOR PRESIDENT,
MARTIN VAN BUREN.
[ Sulject to the decision of a National Conrention.)
We unfurl to the breeze, this day, the VAN
BUREN FLAG, subject to the decision of a Na
tional Convention. It is but the insignia of our
preference for the man, who has stwood forth the
undeviating champion of true democratic prinei
ples, unswayed by the allurement of ollice and
distinction, und undismayed by the frowns of op
posing fortunes.
Demaeratic State Convention,
A Democratie State Convention will be holden
at the State House in Newport, on the first Tues
day of May, at G o'clock ». m., for the purpose of
expressing the opinion of the Democratic party
of this State, as to the time when a National Con
vention for the nomination of candidates for Pre
sident and Viece President, should be holden, and
considering the manner in which delegates from
this State shall be elected, to represent the Dem
ocratie party thereof in said Convention—und al
-50 to transact such other business as may come
before said State Convention,
The respective State Committees in each town
not represented in the General Assembly, are re
quested to call meetings therein, and sce that del
cgates are duly elected to attend said Conven
tion. A general attendance is earnestly enjoin
ed, as matters of the highest moment may be dis
cussed therein,
By order of the State Central Committee :
DEXTER RANDALL, ChLairman,
07 The federal papers, particularly those of
the upper cluss—those of the full blown aristocret
ic stamp—greatly exalt over the defeat of the
democratic party in Rhode Island. And well
they may, for it is a terrible blow at kuman liberty
—and isasecond instance of the effect of an exten
sive and high hand proscription and corruption.
The Journal copies the effusions of several of the
newspapers above referred to, which exhibit un
bounded joy at the prostration of democracy
among us. The rabid Clay papers are principally
extracted from by the Journal. Batwill onr neigh
bor point out any democratic paper throughout the
Union=—or show an extract from any one which
exults at the result of the late contest? Can the
Gorernor-elect show any letters of congratulation
from any of his former numerous friends of the
democratic party, ont of this State? Does any
one ery him God speed! No, not one.
07" What does the editor of the Chronicle
mean when he says: “the New York, Boston,
and Philadelphia law and order papers, withowt
reference to party, literally teem with congratula
tions on the glorious result that has been achieved
by the Rhode Island party.” Do you mean by the
words in italic above, that any but federal papers
“congratulate’” you? Do you mean to say that
democratic papers “ congratulate” you? If so,
we deny your assertion—and challenge you to
produce a single article from a democratic paper
or individaal to that eflect,
'W()RKMI".N WANTHED—A few first rate
workmen at the Steam Engine business,
would find empleyment by applying to
R. L. 'I'III'RS'I’UN & CO., Fox Point st.
None but law and order men are wanted,
We give the above as a specimen of insults
which are daily heaped upon the employed, of all
descriptions. “None but law and order menare
wanted'—which means none wanted but those
who will consent to think as their employers
think, and vote as their employers dictate, how
ever repugnant to their feelings. We do not be
lieve that this open. unblushing coercion of men’s
principles, can be long sustained in this State.—
The indignant frown of the whole country will
put an end to it
ELECTION ANLCDOTE.
The wife of a democrat in this city, hearing
that her husband had yielded to the threats and
inducements held out to him to vote contrary to his
principles, and being unwilling to submit to such
degradation, dosed Lis coflfee with a modicum of
ipecac. The effect of it alarmed his guilty con
science—he thonght the hand of Providence was
in it—he sent for a doctor, who reluctantly pro
nounced the man too ill to leave home—and con
sequently he was saved from the commission of an
actwhich he would no doubt have sorely repented.
ANOTHER.
A captain of a vessel came expressly from New
York to vote the domocratie ticket. On his arri
val he was beset by a gang of law and order men,
who used such arguments as induced him to vote
for the federal candidate. 'l'he news reached his
patriotic wife before she saw him again—when she
sent him word that she did not wish to se> his
face again—as he had disgraced his family.
“«THE FARMER WILL FEEL IT.”
The Evening Chronicle, speaking of the resnlt
of the late election, says “ The Farmer will feel
it."” We think so too, particularly when the tax
gatherer appears with his enormous bill, to pay
the extravagant and profligate expenses of the
present State administration. - W
3" That was a mean paltry affair of the pre
tended attack on the armory at DBristol. It was
Journalled and chronicled a few days before the
election, but was too silly to excite the attention
of the old ladies. It is of a piece with the Paw
tuxet guns affuir, the Cadct armory, and numerous
small contrivances to create alarm among the
‘people.
Arnest.—~We understand that Mr. Martin Lu
ther was arrested in Warren, on Friday last, for
having acted as Moderator at a town meeting un
der the People’s Constitution. He was commit
ted to prison.
7 The Poston Courier is taken to do by our
Journal, for stating that the recent election in this
State had resulted in the defeat of the Democratic
party. Mr. Courier, what you have stated in re
gard to this matter, is correct, as we look at it.
= 5" When does the Chronicle hoist the Tyler
flag? Itis pledged to “ give the administration an
honorable support”’—and now the Rhode Island
election is over, it is about time to redeem the
pledge. The Post office and the Custom House
must see to this,
3" The Journal says there is no choice of
Governor in Connecticut. All other papers say
that Gov. Cleveland has a majority of about 300
over all others.
05" In the table of the election, published in
our last, the footings of the columns were acei
dentally misplaced. Our readers, however, must
have readily corrected the error.
05" New Shoreham has given a majority of 14
for Gen. Carpenter, and has elected a whig sena
tor and representative, so aays the Journal,
Newronr, April 10, 1843,
Friend Simons—The Editor of the Journal not
satisfied with what they have obtained, by means
of which they ought to be ashemed, claim the
Senator and Representative eleet from Jumes
town, Messrs. Carr and Hazard, as belonging to
the law and order party. They were elected in
opposition to the late incumbents, by 16 and 17
majorities, Mr. Carris a Suffrage man of the
true faith 3 Mr. Hazard originally belonged to the
law and order party, but left them last August.
We have five factories in this town, out of
which Cen. Carpenter got one vote—aund the
man who gave it was discharged the next moruo
ing! Such rascally and vindictive means as were
resorted to by the Whigs in this town, to carry
the election, I never saw practiced at any former
period, and hope, for the honor of our common
country, never to see again. The result of the
recent election has proved to us one fact, viz:
that there are in this State eight thousand Dewo
crats, that can be relied on at all times, ready and
willing to sustain their principles at the ballot
box, in spite of the most corrupt opposition that
ever disgraced the anunals of any State or eoun
try, Our cause is righteous and holy, and found
ed upon the eternal principles of justice ; there
fore, brethren, let us be firm, united, and continue
fuithful—in the end we must surely trinmph.
One individual was allowed to vote in this
town, who was not registered.
In haste, your old friend.
Grocesrer, April 7, 1843,
Mr. Simons—The parade and flourish of trum
pets wmade in the Chronicle and Journal, of a let
ter written by me to a Mr. Helme of your city,
would not have been noticed, but for the unfair
and wilful perversion of meaning, that were
made in the comments upon it. T'he facts rela
tive to that important letter, which has so much
disturbed the sensitive Editors of those papers, 1
will endeavor to give as briefly as possible.
This Mr. Helme was contracted with last fall,
by me, to build a fire proof safe for the preserva
tion of the records in this town, the weight and
expense being limited—the latter he was told at
the time being limited by the town. The safe
was accordingly built, and on delivery settled for
agreeably to contract, and a receipt to that effect
taken by the town. At the time of the delivery
and settlement for the safe, Mr. Helme repre
sented that the sum he had contracted to build it
for—s2oo—~would not pay him for the trouble
and expense he had incurred ; and myself and
others present, thereupon, advised him to make
application to the town for a further allowance.
During this and other interviews with Mr. Heline,
he expressed himsell’ as one of the Suffrage or
Democratic party—that he had voted for the Peo
ple’s Constitation, and felt anxious for the sue
cess of the cause of equal rights, &e. Within a
short time, I received some intimation that he
had changed his opinion in regard to this elee
tion; from what cause perhaps the Journal and
Chronicle, if they chose, might explain. And
believing as I really did that Mr. Helme’s politi
cul somerset might endanger his chance of' ob
taining anything further from this town, I wrote
to him accordingly.
T'his is the sum and substance of my letter, and
the head and front of my offending. If the con
ductors of those pure sheets, the Chronicle and
Journal, can make political capital from such
small potatoes, they have more ingenuity than
what is ordinarily possessed.
CLOVIS H. BOWEN.
FOR THE HERALD.
SLAVERY.
Mr. Editor—"T'he excitement of election being
now past, we may have time and cause for seri
ous reflection. What has recently transpired in
this city and State, has furnished us with some
credible means of determining the amount of in
dependence and love of liberty, so loudly boasted
of by the multitude. We are also furnished with
the knowledge of how far human policy and po
litical chicanery will carry men, even professing
christians ; and also the little remove of the labor
ing classes from the most degrading vassalage, the
most abject of all slavery, that of the mind. Sir,
when men can be bought or sold for money or
good will, we can have no more tangible evi
dence that the chains of slavery are already for
ged and binding us fast, that their rust is eating
into our very flesh and sinews, and that no right,
civil, political or religious, is for a moment safe
under the influence of political tyrants and the
suple instrameuts of their power and humavity's
decp disgrace. But more especially, what are we
to think of the professing christian, who will sell
himsell or bribe another 7 The thought that such
is or may be even the case, is awfully painful.—
Is it not a species of falsehood to act contrary to
our knowledge and conviction of right? lls it
not equally so to bribe a man to deny his senti
ments or betray his brethren? In my mind there
can be but one answer to these questions—/It is
lying ! What a scene does the recent political
contest present to the christian! What a wreck
of all honesty and integrity ! What duplicity—
what disregard of the law of God—what trifling
with the retributions of the Almighty. As a chris
tian I deeply feel the wound inflicted upon the
pure cause of christianity, by the unprincipled
bribery and treachery, so manifest in carrying
out the designs of political leaders. And I verily
believe that now even, a deep sense of moral
wrong, a conviction of guilt, is preying upon
the heart of that man who has deserted his post,
betrayed his brethren, and sacrificed right to ex
pediency. Such a course cannot be otherwise
than productive of personal nnhappiness, and
general disregard for morality and religion. [
ask the professing christian, can you justify your
self or others in such iniquity, or expeet that De.
ity can look upon you with complacency! O,
sir, I would that every man had acted his prinei
ples, let them be what they might. Let me en
treat every man to review his conduct and ask
himself how he can meet the friends of liberty
how he can palliate his moral defection .bef(')re
God ! Sirs, your accountability extends to all that
youdo. God will bring *“ every work into judg
ment.”” Reflect serionsly upon the disgrace you
have brought upon christianity—yea, even npon
humanity. R A.
FOR THE HERALD.
Col. Simons—Sir—Article 4, section 10, of the
constitution last voted for, says, ‘“ The General
Assembly shall continue to exercise the powers
they have heretofore exercised, unless prohibited
in this constitution.” Wae all know, Sir, that the
Assembly have heretofore exercised the power of
electing the Judges of both Courts, and the Sher
iffs and Public Notaries of the several counties in
grand committee. The power of continning to
clect these cieil officers in this manner, is no where
“prohibited” in the constitution above mention
ed. That constitution, indeed, expreaflly makes
the members of the grand committee the only
qualified clectors of, the Judges of the Supreme
Court. “The Judges of the Supreme Court
shall be elected by the two houses in grand com
mittee."—Art. 10, sec. 4.
Article 9 of that constitution, treating of guali
fications for office, sec. 1 reads thus— No per
son shall be eligible for any cicil office, except the
office of school committee, unless he be a quali
fied elector for such affice.” Undonbtedly no per
son can be eligible under this section to the ciedl
office of a general officer of the Statey or 2 mem
ber of the General Assembly, “ unless he be a
qualified eleetor for such office at the ballot box"
under article 2; but as artic'e 2 has qualified veo
electors of the following civil officers, viz 3 Jndg
es, Sherifls and Notaries, and as said constitation
has declared that these last named cicil officers
shall continue to be elected by the two houses in
grand committee, the members of these two hou
ses are the only “ gualified electors” of these last
nawmed “cioil officers.”
Now, as * No person shall be eligiole to any
civil office, unless he be a qualified elector for such
affice,”” does it not necessarily follow that no per
son can be eligible to the cicil affice of a Judge of
the Supreme Court or Court o' Comwmon Pleus,
of a Sherifl, or n Notary, unless he be a member
of the grand committee ! Does it not necessarily
folloav that the General Assewbly must either fill
these last named civil oflices from their own body
or leave them all vacunt I If they are left vacant
the government cannot be administered. Does
not this constitution therefore require the Gene
ral Assembly to eleet themselves to these oflices?
RIHIODISLANDO.
LARGE DEMOCRATIC MEETING.
A very numerous meeting of Democrats and
friends of Equal Rights was holden in this city
on Friday evening, April 7, at the Fifth Watl
Head Quarters, when Arthur M. Potter was
called to the chair, and Joseph Arnold Waite
was appointed Secretary. ‘l'he meeting was
animated ; and stirring appeals were made to
the democracy by the several gentleman who
addressed the congregated friends of equal
rights. The following resolutions were unan
imously adopted.
Whereas, "I'he result of the recent election
in this State, is but another proof of the cor
rupting influence of the monied power in the
hands of corporate monopolies, und as it is the
duty of the democratic party to resist by all
fair and honorable means, this dangerous ap
pliance upon the rights of the people. There
fore
Resolved, That we will redouble our exer
tions in the true demoecratic faith, and will use
our united efforts to further democratie prin
ciples in this State, and thronghout the Union.
Resoleed, "I'hat we have the utimost confi
dence in those who stood firm to their princi
les during our recent political struggle, and
Lurled defiance at the uwnrighteous god of
Mammon.
Resolved, That we recommend to our dem
ocratic brethren throughout the State, to re
quest the State Committee, as we do hereby
request that committee, to call a convention
at an early day, for the purpose of nominating
MARTIN VANBUREN for PRESIDENT
of the UNITED STATES, subject to the
decision of a democratic national convention.
Resolved, "T'hat to carry out the above res
olutions it is the daty of the democratic press
throughout this State, forthwith to raise the
VAN BUREN FLAG.
Voted, That the proceedings of this meet
ing be signed by the chairman and secretary,
and published in all the democratic papers in
the State.
ARTHUR M. POTTER, Chairman.
Joseren A. Warre, Secretary.
OLYMPIC CIRCUS.
Tur Crows’s Bexerir—Mr. Williams offers a
rich bill for the enter.ainmment of his numerons
friends this evening. In addition to the superior
performances of the talented company, he will be
assisted by the Kentucky minstrels, whose per
formances on Monday evening elicited the most
unbounded applanse. “ The Minstrels” are the
greatest specimen of the genus * darkey’ we have
ever seen. The songs and choruses with the
bone castanet accompaniments are given with
spirit and effect. This evening is the last but two
of the performances.
07" We learn from the New York Commercial
Advertiser, that Capt. Mackenzie has been hon
orable acquitted by the Court Martial before
which he was tried for hanging the mutineers on
board the brig Somers.
(5" 'The town of Jamestown sends a demoerat
ic senator and representative to the legislature.
Proscriprion.—We have several cases of pro
scription on a little scale, to notice. They shall
be served up hereafter.
EriscorArL CoNvENTION.---At a convention
of the Episcopal Church of the Diocese of
Rhode Island, held at St. Stephens’ Church
in this city, on Thursday last, the Rev. John
P. K. Henshaw, D. D., of Baltimore, was
elected Bishop of said Diocese. It is under
stood that he is to receive an unanimous invi
tation from Grace Church to become their
Rector.---Journal.
Firg.---The steam mill of John Waterman
& Co. at Olneyville. took fire on Monday
morning last, at 7 o’clock, in the boiler room.
It was discovered and speedily extinguished,
with a loss of from $2OO to $3OO. It was fully
insured.---Journal.
(7™ Dorr himself, we are told, during the
latter part of his sojourn in New Hampshire,
‘rendered himself disgusting and odious by his
“open and constant intemperance.---New Bed
ford Bulletin.
~ The above is a fair specimen of the thou
sand falsehoods of the Algerines in and out of
Rhode Island, in relation to the patriot Dorr
and the suffrage party. Governor Dorr resi
ded in this town about four months, and every
one who kuows any thing at -all about the
matter, knows that ti;e statement of the Bulle
tin is untrue. We pronounce it to be infa
mously and scandalously false.--- New Hamp
shire Patriot.
Cases or SepvcTioN.---Circuit Court.---
More than usual interest has been feltin the
proceedings of this Court during the past two
days, in consequence of the nature of the suits
up for investigation. That of Briggs vs. An
drews was an action brought to recover dama
ges for the seduction of his daughter. Ver
dict, 8300 for plaintiff. The parties reside in
the adjoining town of Hamburgh. Another
suit was that of Engers vs. Snearley, being an
action for breach of marringe promish. Ver
dict, $lOOO. The same parties were engaged
in a second suit bronght by the parent of the
plaintiff, to recover damages for the seduction
of his daughter. The verdict rendered by the
jury in this case was exemplary, being s£4ooo
damages.---"T'he parties reside in the town of
Amherst. The defendant made no defence,
but submitted the case without remark.-- Buf
alo Com.
Tue Seasox.---The remarkable coldness
of the weather seems to extend over the whole
country ; a friend has handed us a letter from
a relative in New Orleans, dated March 20th,
1843, in which he says:
The cold weather conttnues here in a most
unprécedented manner. We have had frosts
continually, and in some cases the ice has re
mained in the streets all day.---The trees in
the vicinity are much injured, and the sugar
cane will have to be replanted. Instead of the
heat which I experienced when here before,
at the same season of the year, it seems now
more hke a Boston climate with a temperatuze
almost as cold.
Mercuast's Excnaxar-<-We observe that
this magnificent building is to be sold on the
17th instant. This sale takes place in conse
quence of the foreclosure of a mortgage or
mortgages and protested bonds, amounting in
all to about £200,000. The amount expended
upon the structure is over two millions of dol
lors.««=N. Y. Sun.
Faran Arrrav.---Col. Martin A. Lea, a
well known citizen of Alabama, was shotin an
affray with N. B. Lockett, in Marion, in that
State, about a fortnight since, and died of the
wound a few days after.
The Mr. Harding recently shot in a street
brawl in Augusta, has since died of his wounds,