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FALVEY MEMORIAL LIBRARY
FALVEY MEMORIAL LIBRARY
Dime Novel and Popular Literature
The New World
The New World, v. II, no. 12, Whole Number 42, Saturday, March 20, 1841, [Incomplete].
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The New World, v. II, no. 12, Whole Number 42, Saturday, March 20, 1841, [Incomplete].
Benjamin, Park, 1809-1864.
Dickens, Charles, 1812-1870.
7 February 2017
New York : J. Winchester
Dime Novels and Popular Literature
Barnaby Rudge / by Charles Dickens, Esq.
Disclaimer of Liability
Disclaimer of Endorsement
in 'x?’7’I rm -:'7f=9t==r:t !,‘,’ ‘aialdm-3 s -asp:-r.-cog. an...u. .-t‘2..‘,a .a-A.-o S‘. ‘ .....-. .,....,.,, ‘,,w,........’....,..‘.,......,....-... 4-“?! o ‘ - i V that she wah not prepared for its encounter.‘ The paient is stungwith the deepest a my.‘ Every sentiment and ck is now a source oftorment to him fection which before derive pleasureifrom her exisletlidlq He was befors'h‘apdip$ and he justly demands protection from the law (ff , We have seen that a sense of pride and love of 3%l“’0bEj tion were innate in man; these may be wouydflii X11134- licious detractisn and insult, and this will distarlfllw P9306 of the in'ured individual. He therefore denands, very properly, egal protection for these sentiments. ‘l : '1 he is now miserable -, his rights theiefore have be,aii;i;:Ia . , ,' I cite these instances for the purpose of leading the way to a discussion of the species of redress whici the. law ought to afford for injuries to the sentimentsandalfections. The right of property is fully acknowledged by our laws, and in general is well protected. .Amau injurd in this right has secured to him a. civil action for redrcs, in which he recovers a compensation in money for t e vrong done 'm; and in cases of injur by theft, ‘ an , in XITHE NEW’ ‘VORLD. . ‘tb'e aclitmzof assault and battery except where the bodily Jnitiry was such as to occasion a pecuniary loss, and it would “gubstitttte criminal punishment us the sole measiire of pro- iectiori and redress. All fraud and false pretenceu which tfinjitfed another‘; right would be regarded as criminal. End if lhey'produce pccuniary loss, the civil action would also be retained for re ess in damages.‘ ,The rule, in line, would be, to treat all offences against the sentiments and atfections of man's nature as moral wrongs. Ind '0 13)’ 5“ atonement by money for injuries to human rights entirely out of view, except where the injury all3.=cted the right of property directly. ’ ,’.l‘his would prevent and redreu moral wrong by moral means, and award for pecuniary wrongs their only appro- priate remedy. Vl'hat! shall a man’a whole moral nature e gromly outraged and lacerated bylhe v ' =. llle lnw deal out a bait to a mere instinct by way sfatoneinent agd sntisfuctionl Suppose self-esteem, spprobativeness, L I K I i "d . i E senting the jllil sentime. munit .' . erceive no inaurmom ' lpplication of the principles or IL non,- striven in this discourse. They at least invii tigation.-, Humanity pleitLlS for their adoption , stintiments 0 re impe us to demand th. . eration in the halls of legislation; and I have yet to vinccd, that He who ordained the pressing demands i’ . human sentirncnts and affections, and conferred upon ‘lax-All intellectual powers to subaervc them, has been so k arias of the latter endowment, as that, how hard soever he shall h strive, his reasoning powers will fail of securing an ade- ‘ quate measure of legal protection against the vilestwrongs J which one human being can inflict upon another. i;urt;t;ott',r; 5...“;-.i.t; T :iattcIts.l ; some cases, of fraud, and irhposiure, the law hal made the offence criminal, rind punishcd it as it felony.‘ no would suppose that a right so sacreilly guarded by th law must have a higher and holier origin than ot ers, nd that its protection was of hig or importance to man‘shappineas than those rights which were cntirely neglected whence then the origin of this rightl It emanates from e instinct to acquire. lllan has a natural desire to acquin and keep property.’ This instinct is possessed in s slightdcgree by some ofths animal tribes, and it does not as irt: o the di any or ssentiment.‘ It, however, calls the ccitimeut of self-esteem to its aid, and then says, “ this is min; and be- cause it is mint, it is better than if it were Mind and I am you only take away his wife, or fegrsde his I or destroy his character, you are stil a gentle- man in the eye ofthe lztwl , ‘ llersou is also greatly favored in our jtasprudence. Not only its utility butits symmetrical beauty is met with a most favorable consideration. if you cut ottl man’: ear. r all! his nose, or at erwise maim him, you in regarded '5 3 “.103; but you may so lacerate his fcelifgs as to de- stroy his reason, and escape without legal none. 5An ear or nose is more valuable, says the law, than it reasonable faculties. Nay, so jealous is the law of injury to‘ the cor- poreal l"rian,.lhnf you may not shake your feetat himwith- llittllflklng distance, though you touch him not, but forth- .witb you will be arrested ind carried before a magistrate or the offence, and if he himself does not all yoa a cow- Ird, Vagabond, and ltaave, he will e regarded asuncom- monly civil and reserved upon the occasion ‘' ' ‘ ' - Now, all human rights emanate from thf natural senti- ments and desires of the mind; they have, therefore, the same source, but it does not necessarily follow that they enjoy the same rank and dignity; some are more sacred and important than others to human happiness. > ' ’ ‘ . Every member of man‘s physical frame is of some ofimportancs in the exercise of its corporal functions; but i he can bear the loss of one wit esa sacrifice than another, becuu'se.it is not of equal importance to his bodily strength oractivity. The loss of his Eager is not equal toth privation ofhis hand, nor his arm to that or his loci libs. comes as then, to tlx the grade of man’: intellectual pawns, and to determina the relative rank and dignity of-the va- rious faculties, dispositions, and sentiments of the human mind. 4 The supremacy will be conceded to man's moral nature; his intellectual faculties are next in‘ rank, but wholly subsequent to it,‘ as are also the animal feelings. Man‘: highest enjoyments consist in the gratification of his sentiments. His secondary pleasures arise from the in- dulgence of his animal feelings, under the restraint of the sentiments and the intellect. The source of his highest en- joymsnts, when disturbed or wounded, becomes the source A ‘ He can bear pecunia easier than domestic deprivation, an ion to his person with lesssacrihce than an injury to his character. Fraud and deception offend him more than theft, and obtaining by false pretences more than robbery. ‘Ile can end and want easier than the loss of his good name, and will sacri- Rcc the peace of his body for his peace of mind. He will lay down life itself for freedom, truth, or justice, and enlist all the powers of his nature in the service of its benevolence. He will spend his fortune to satisfy his love of praise, and devote his life to gratify his pride and ambition. wi deny msclf the entire gratification of the lower propensities, unlesstheir indulgence can proceed under the sanction of is moral sentiments. ,If this bs so, ought not the law to recognise these gradations of nsturs,and to award rill protection according to their demandsl '. H ’ ' r , Injuries to the sentiments and affections then ought to be regarded as criminal offences, and be punishable according degre s to their degree of moral turpitude; and the conviction of the offenderin any-of these cases should, he a nioralstig- ma upon his character. In the most enormous of these A d it seems tome that all idea of pecuruary compensation for this class of ll'l]Ill'l25, ought to be banished from the mind. Slander and libel which wound the sentiments only, and do not directly injure a man's pecuniary interest, ougbtalso to be treated as crinu- rial offences, and the civil action for pecuniary compensa- tion ought to be abolished altogether. The rule which I contend for is this-when tbs injury is an oR'ence to the mo- , ral feelings or affections, it should be treated as e crime'and Ilsuch only. : The idea of barterings man’s moral nature for money, of Indunng so much mental agony for so many dollsrs,ia utterly degrading to humanity. Money is not the Bflndsrd by which to estimate moral worth. or human Ilwtnau. But where the offence is against the right of pro- PCNY. the extent, ofths injury can be measured by this stand- srd,Ind ll compensation be made in money, Such ' 1'! MI)’ I180 be I moral offence; and when so. should treated as is crime > . " .5. f be ' This would abolish the civil action of adultery, the ac- tion for deb:-ch-us a daughter, and the action for slander ublished occasioned s bolilh v and libel, egtoept where the words p direct and immediate pecuniary injury ‘ . . ' i i '1 w v . It would 8 raging under offence and injury, and you soothe them by gratifying aequisitivenes-91 As WI.‘ll might you, when ac- quisitiveness itself was outraged by an injury to property, attempt to redress the wrong by gratifying the orguns of llsic, give solemn judgement in your courts that the defendant should play for the plaintiff some of his favorite LIIIES. ‘ - . it may be objected that there is a vast dispalily in ll" extent and seriousness ofthe varioiisinjuries to the sen ' I‘n(‘l'll8 and affections, according to the malignity of the of- fender, the sentiment or affection which should be wounded, and the organization and external ‘condition of the aggrieved person, and that therefore it would be d.iHi cult if not impossible to frame a code of laws which should afford the required recognition and protection of these rights, without endangering the rights and liberty of the ac- cused. ,1 answer, that the laws already recognize and af- ford protection to rights where the same difficulty exists; and what has been safely done in one case can be done in another ofthe same nature. i p The right of life itselfis protected by ourstatutea, which declare that the destruction of human life may efither murder, punishable by death-or manslaughter, punishable by imprisonment in a. state-prison, for a long term of years-or manslaughter punishable by is shorter term of im- prisonment; or the same offence, punishable by imprison- ment in a. county jail,or by a find on y A cases are declared in which the taking of human life is either justifi- able or excusable homicide, which of course are not pumsh- able at all. ‘ . - , , Now the punishment for the taking of human life is not regulated by the mere fact of the destruction of life, for if it were, there would be but one offence, and cm punts - ment ; but the circumstances attending each case are con- aidered, and the crime takes its character and meets its punishment from the degree ofmoral turpitude manifested in its perpetration. 'hVe have seen thatgever man has an innate love of life-and in one, this intuitive attachment to life is much stronger than in .another, and yet the law does not attempt to measure the of'fence'of man-killing by the amount of the instinctive attachment which was vio- lated by the act ofkilling. The law recognizes f.l’ltl instinct and the right, and protects itwhethsr it be stron or wca Theltilling of a human being who should be so disgusted with life. as that ho was va committed suioidc, if he a not been murdered, is as much a crime in the e e o the law as ifthe deceased had thegrnost ardent nttacliment to life. So also the life ofthe humble is as sucrcdly pro- tented as that of the great. The same holds true of the right of property. The law regards the right alike, and its violation as the sums offence, whether the owner was a miser or philanthgopiat, whether he had much or little. The offender who steals from a man with large acquiaitiveness, commits no greater offence than w en he steals from one with ll. srna.l.l instinctive love of property. The offence is against the right, and the means of prevention and punishment are to be graduated according to the degree ofmoral turpitude manifested by the offender Accordingly he who steals I loaf of bread is not punished ie same extent as is who takes hundreds of dollars. So also the law has already distin islied between various degrees of forgery, and created several distinct grades of iscrimc, and awarded vario grses o ' The same may be said of the crime of arson. - am not re- quired to show that these gradations or any of them are correct ; but I cite these instances to show-not only that by our law at present there are recognized several distinct crimes, from those meeting with capital punishment to the lower sort, punishable by alight imprisottntent-but more- over that offences against the same right are graduated, and meet,with different degrees of punishment. - ' Suppose, then, the law should declare seduction to be a moral offence or which it would take cognizance; that if the victim ofit was undars certain age, and it was effected by a pledge of marrisge‘it should be punishable by im- prisonment for ti certain term ofyears; if of mature years, and the circumstances were lcas aggravating-with a lesser term-leaving the jury to find the degree of the crime as it should be defined by law, and have the punishment for that degree fixed and certain‘. .No greater difficulty could be encountered here than legislation has already overcome, in cases of homicide, arson, forgery and theft. . So in cases ofslanderf Written slander, or libel, is now rcgatded.by law, as exhibiting greater moral turpitude, and uumore to be dreaded than verbal slsn er Tho former in Intjltcllble as a misdemeanor now. while the latter is not, but is Ihe ‘subject only of a civil action for damages. VVould than be any difficulty in pronouncinz them both to be crtminnlnflzncea; and graduatin their punishment ac- cording to the degree of moral turpitude evinced in their perpetrationl I ' . This much the law could do at tiny rate; it cnuld define what should be the first degree of any moral ofTent:e, and could fix its ctrtain punishment, and it could declare that all other like ylfences should fall within either a second or third degree, in the discretion of a jury who should weigh t a circumstance: of each-ease; and the punishment for these degrees could also he graduated and fixed bylaw. This would take all arbitrary discretion from the courts. and leavg the accused in the bands of a jury of the country, coming from the body of the people, and proparlygrepre-1 w :- THE DIURDER OF THE lllAS- ‘i TER , OF. SAINT IAGQ; , ) 'ritcnuxtrau’rttutmimtutu Io Ilia history of Don Pedfo, xrujut y 3 cuitiimciiiia The Lruel. . Au not long Igo publtllted I work. the svu::’s':!. P lolnpla vu prtu might indulge In the supine tatton .-. . Ind, in like llllllllef, Podro, the Crncl has found, in times latter limesfy ' 4 lpolttgtnu; above all V in ru. "-‘ T‘ found, without doubt, in theatres ‘ to the llraclly ofsevursl of . oody am Hisfatlierbsd trsats-l an mot ur nteni lie ma notonly entertaiucil,u ’ an-.. in he It tne.IIIdyo Iltepo on yoffiuznn t. yproclitimedlllllluily in. - qlle brouglituphers nlusprtnceainhis in e; uiy,tte t.-ve on in .non.or viola 'ng,i t air favor, the order or succession, and tftorighu otrc . And, Ill‘ gly,so sooner honso dead, an Pedro aclrnowledirod hytheuo my, an - c .aItlhersons,whatherfrowtcnnsctnttsness . rofvi e co. arfrum hotla afthes cnluembe 0 k varioullpllccs of strungth. wliarsthgy ertdeavortd to‘ it Inila . 3' d-efendtlietnselvei unmet tho authority a the now it ig Aft a ram ruseovsni titedb her f.tniily, (which, all Ihi whether he merely ersusdnl by I In ‘rid c vs arguments ofhis own mother, the queen down 1: a fuel iscertaimtbntintlia courso ofa iv . Donnsi . Leonora was arrcsted,Itad putts death by l’sdro‘s command, in lh Cu 9 o Ve r. on ‘rat-aqua, (or Frederick.) one of in: tar... who had obtained the dip upon nu. into r rtity oflflxstor of the or or o and ortirisd himself In lhe cit E vs: a r. e 2 rt vs him prnlenltin. a entry of rsnstsm rs IIns,froInllitI n be dnclnreil and active enemy onm omit...-, and In consrqus on 5. lluenes,and r. rtque,hovIcvar,'n1i'lde on peace with Pedro. Aneralu r iiohln dtsyennl In Spain. ' ‘ ltItIiiter,Alhut1IIelqtist, u hur with nll thlt Violation of his mpnr. uuu mudu her his wife In um thin]: but Ihe nu. political motives induced hint, not long all his oullf.’ queen but a few days eraried her for over, rm Illa Ellto of tin. heautitul,j loss and imperious mistress. . Theromlarwillohsssvmtl-at mm is . in-nun poeuliarlt n this llrtlctlro ofllse bll d r t... on u my a otlsu to ltavs had a musical origin. The Junior was slain in the year 1353. c voice. 1 can iuppmthiuiuguiarity r. . “I sat alone in Coirnbra-the town myself had ta'en,- When came into my chamber, a messenger from Spain; There was no treason in his look, an honest look he wore: I from his hand the letter took,-my brother's seal it bore. n. " Come, brother dear, the day draws near,” (‘twins spoltet e King,) g, -. “For plenar court and lmightly sport, within'the listed Alas! unhappy Master, I easy credence lcnl; Alas! for fast and faster I at his bidding went. thus tic.’ . . ui' , “ When [set offfrom Cniinbra, and pnsa’d the bound of . Spain, Ihad s goodly company of spearmen in my train; A gallant force, a score of horse, and rturdy mules thirteen; VVithjoyful heart I held my course-‘-my years were young . and green. > . . , iv. " A journey of good fifteen days within the week was done. , 1 halted not, though signs I got, dark tokens many a one; A strong stream masler'd horse and mult-,l lost my pouisrd film, , And left I page within the pool, a faithful page afmme. ' . . V. “ Yet on to proud Seville I rode ; when to the gate I came, Before mo stood a man of God, to warn me from the same; The works he spake I would not hear, his griefl would ' not see, , ' ' ' ‘ - I seek, said I, my brother dear-I will nptrstop for thee. ‘ - vt. .- , i “ No lists were closed upon the sand, for royal tourney ,‘ ' ht- t No pswing horsewas seen to stsnd,lsaw no airfned knight; Yet aye I gave my mule the spur, and hssten'd through the I . town, , , , V , . lstopt. befors his pulsed-door, than gsily lespt I down. i