REMARKS ON THE PHRASE WITHOUT BENEFIT OF CLERGY.'

THE phrase without benefit of clergy,' is very generally misapprehended. It is supposed to mean that the culprit was to be deprived of the attendance of a spiritual guide in his last moments. BLACKSTONE says it meant 'exemption of the persons of clergymen from criminal process before the secular judge in a few particular cases.' This was the true and original meaning of the 'privilegium clericale.' As clergymen increased in wealth, power, honor, number, and interest, they took advantage of the exemption. The test originally was, that no one should be admitted to the privilege but such as had the habitum et tonsuram clericalem. But afterward, another criterion was established. Every one that could read was accounted a clerk or clericus. But when the art of printing was discovered in the fourteenth century, it was no longer a test, for soon the laity learned to read as well as the clergy. Other expedients were soon adopted. Persons were admitted only once to the benefit of the clergy. When laymen were allowed the privilege, they were burnt with a hot iron in the brawn of the left thumb. The distinction now is scarcely recognised in our country, though it exists nominally in Virginia, Kentucky, North and South Carolina. In this last state, Judge STROUD says, 'a distinction is made by express law, between males and females convicted of clergyable offences. Both are branded; but a male is discharged without further punishment; a female may be whipped, placed in the stocks, or imprisoned for the space of a year afterwards, at the discretion of the court.' It is not to be wondered at that benefit of 'clergy' should still be retained in some of the slaveholding states, when we remember that only one in one hundred and fifty-five can read! But we close by giving an anecdote, and the form of this ancient custom, handed to us by ROBERT RANTOUL, Esq.

The clerk of the court handed the prisoner a missal. If he read the PATER NOSTER, the officer cried out, Legit, clericus est;'-he reads; he is a clerk; and his punishment was remitted. Sometimes the prisoner deceived the court by getting some one to prompt him as he apparently read. A story is told of one who could not read, but who held up the missal or parchment, with his thumb on the place. Take away thy thumb,' said the prompter. The poor ignorant prisoner, supposing this to be in the book, cried, "Take away thy thumb;' and he was detected. See BLACKSTONE'S Commentaries, vol. iv. chap. 28.

We have presented all the capital offences in the code of the Union and the codes of the several states. Such a survey suggests a variety of reflections, but we have not room for them. The list is presented to the reader to use in any manner that may have a moral or religious bearing on the community. Our laws are written in blood. In all the twenty-six states, only Maryland has arranged its code so that the offender may be punished capitally or by imprisonment. And even here the reign of blood is not over; for, at this moment, a poor fellow-being lies there in his cell, awaiting the hour of his execution. Twenty days must elapse between the sentence and the execution. In Maine and Vermont also, two

convicts are under sentence of death. (See notes on their codes.) In the first state we have conversed with the convict himself. Humanity has partly triumphed in these two states. The public vengeance has time to cool. One year at least must elapse between the sentence and the execution. In Maine, it must be in private, and takes place, if not forbidden by the executive; in Vermont, if ordered. Doubts exist, however, in both states, respecting the authority of the executive.

We believe our labor will do good. Very few persons know the number or character of the various capital offences in the several states. It will be found, generally, that those who violate the laws, have the least opportunity of becoming acquainted with them. Indeed, very few prisoners know even the meaning of the terms employed, such as Arson, Burglary, Mayhem, &c. And how

should they know? We have a large class of men who spend their whole lives in studying the laws, and even they differ about their meaning. What can be expected, then, of those who have no such advantages? And then the very language is indistinct; it is sometimes mere jargon. But we cannot enlarge on so fruitful a theme as the glorious uncertainty of the law." This we did in

Essay X., where we presented the Irremediability of the present law. To illustrate our views, we will give two anecdotes, where persons were condemned, who, from their ignorance, could probably have not understood the law.-A youth was condemned for burglary. He afterwards wrote a very feeling letter to the judge, stating that he did not know the name of the crime which he had committed.

The other case is that of a country lad who was condemned, and supposed to be innocent. He wrote the following letter to his

parents:

'i Now took my pen for these last time to write to you Father Mother brother sister and All my Realtions wich [while] it is but a short time before i [am] called hence to apear before that tribunle Judge-may the lord have Mearcy on Me- -wich [while] i took my trile before the Judge and Jury wich [while] they past the videct [verdict] of death on me-what I lay to heartt is when it comes over me to think that on [one] fleow [fellow] creature should Swear another folowe creature life away worngfulyi write to you

the Sentement of mind to tell you that when i Mount the Fatle Sacffold [fatal scaffold] that the lord from heaven Nowes that i ams inocent As child unborn."

Mr. LIVINGSTON suggests that this is a subject which might be made familiar in our common schools. A good suggestion.

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APPENDIX II.

ILLUSTRATIONS OF KINDNESS.

In the course of our labor, we have frequently alluded to the power of kindness upon the human soul. We did not commence this work so much with a view to bring out and illustrate by examples, that point, but rather to show the injustice and the inhumanity of the Punishment of Death. We have not laid before the reader any very distinct plan respecting the proper mode of discipline with prisoners. We want to see the criminal spared. We have proceeded to a certain point. We say to the state government under which we live, spare the criminal; he is my brother; do not mar the image of God. The taking his life will not bring back his victim; it will not prevent others from the commission of crime. And here we have been obliged to stop in this volume. The proper treatment of the criminal, and the various causes and remedies of crime, will furnish abundant materials for another volume, should it be thought advantageous to the cause of humanity.

But to open the way, and to meet the frequent objection that criminals are beyond the reach of moral influences, we present a few anecdotes which have a direct bearing on that view of the subject. We regret, with the reader, that we could not have gone farther. But when the community are prepared to appreciate the great doctrine of the Inviolability of Human Life, then we may hope to see some way opened, some new development of moral power, by which the heart of every criminal can be touched, and prisons become churches, schools or hospitals. For some instances of the power of kindness, we are indebted to the Rev. Mr. MONTGOMERY, of Portsmouth, N. H., whose labors in this department have done great service to the cause of humanity.

MRS. FRY'S VISIT TO NEWGATE.

She applied for leave to the governor to visit the female prisoners. He attempted to dissuade her. 'You will be disgusted with their behavio and language,' said he. 'I am almost afraid, myself, to enter their apartment, they are so vile.'

'I am fully aware of the danger,' meekly replied Mrs. Fry.. 'I do not go in my own strength. God will protect me.'

'But, madam, if you are determined on entering this den of iniquity, pray, leave your purse and watch behind,' said the governor.

I thank thee; I am not afraid; I do not think I shall lose anything,' replied this heroic woman.*

She addressed them in the most gentle accents. You seem unhappy,' said she; 'you are in want of clothes; would you not be pleased if some one came to relieve your misery?'

'Certainly,' said one, 'we need clothes.' 'But nobody cares for us, and where can we find a friend?' said another.

'I am come to serve you, if you will allow me,' said Elizabeth Fry. She then went on to express her sympathy for them, and offer them hope that they might improve their condition. She did not say a word about the crimes they had committed, nor reproach them. She came to comfort, and not to condemn. When she was about to depart, the women thronged around her.

'You are leaving us,' said they, 'and you will never come again.' Yes, I will come again, if ye desire it,' she replied.

'We do! we do!' was echoed round the apartment.

She read to them the Bible; the parable of the laborers in the vineyard. Some asked who Christ was. Others said he did not come for them ; others, it was too late for them. She passed the whole day with them, softening, by her words of peace, the most turbulent and perverse tempers. The reform was most astonishing; and, thanks to her perseverance and the years she has devoted to this pious undertaking, a total change has been effected in the female department of this prison. The influence of virtue has prevailed, and many wretched beings have found Newgate an asylum of repentance and heavenly hope.

CONDUCT OF CAPTAIN PILLSBURY, OF WEATHERSFIELD PRISON, CONNECTICUT.

[From the 'Retrospect of Western Travel,' by Miss Martineau.]

His moral power over the guilty is so remarkable, that prison-breakers, who can be confined nowhere else, are sent to him to be charmed into staying their term out. I was told of his treatment of two such. One was a gigantic personage, the terror of the country, who had plunged deeper and deeper in crime for seventeen years. Captain Pillsbury told him when he came, that he hoped he would not repeat the attempts to escape which he had made elsewhere. 'It will be best,' said he, 'that you and I should treat each other as well as we can. I will make you as comfortable as I possibly can, and shall be anxious to be your friend; and I hope you will not get me into any difficulty on your account. There is a cell intended for solitary confinement, but we have never used it, and I should be sorry ever to have to turn the key upon anybody in it. You may range the place as freely as I do, if you will trust me as I shall trust you.' The man was sulky, and for weeks showed only very gradual symptoms of softening under the operation of Captain Pillsbury's cheerful confidence. At length, information was given to the captain of this man's intention to break prison. The captain called him, and taxed him with it; the man preserved a gloomy silence. He was told that it was now necessary for him to be locked up in the solitary cell, and desired to follow the captain, who went first, carrying a lamp in one hand and the key in the other. In the narrowest part of the passage, the captain (who is a small, slight man) turned round and looked in the face of the stout criminal. 'Now,' said he, 'I ask you

*To show the honesty of prisoners, a fact now lies before us, related by Howard himself.-'I never received an insult from either jailer or prisoner, nor lost one article, except a pocket handkerchief, which was afterwards returned to me by a prisoner, who had picked it up when it dropped from my pocket.'

whether you have treated me as I deserved? I have done everything I could think of to make you comfortable; I have trusted you, and you have never given me the least confidence in return, and have even planned to get me into difficulty. Is this kind? And yet I cannot bear to lock you up. If I had the least sign that you cared for meThe man burst into tears. 'Sir,' said he, 'I have been a very devil these seventeen years; but you treat me like a man.' 'Come, let us go back,' said the captain. The convict had the free range of the prison as before. From this hour he began to open his heart to the captain, and cheerfully fulfilled his whole term of imprisonment, confiding to his friend, as they arose, all impulses to violate his trust, and facilities for doing so which he imagined he saw.

Conduct of the same individual to a prisoner who had sworn to murder him.

He sent for him to shave him, allowing no one to be present. He eyed the man, pointed to the razor, and desired him to shave him. The prisoner's hand trembled, but he went through it very well. When he had done, the captain said, 'I have been told you meant to murder me, but I thought I might trust you.' 'God bless you, sir! you may,' replied the regenerated man. Such is the power of faith in man.

Conduct of the same individual to a prisoner who had attempted to escape.

He fell, and hurt his ankle very much. The captain had him brought in and laid on his bed, and the ankle attended to, every one being forbidden to speak a word of reproach to the sufferer. The man was sullen, and would not say whether the bandaging of his ankle gave him pain or not. This was in the night, and every one returned to bed when this was done. But the captain could not sleep. He was distressed at the attempt, and thought he could not have fully done his duty by any man who would make it. He was afraid the man was in great pain. He rose, threw on his gown, and went with a lamp to the cell. The prisoner's face was turned to the wall, and his eyes were closed, but the traces of suffering were not to be mistaken. The captain loosened and replaced the bandage, and went for his own pillow to rest the limb upon, the man neither speaking nor moving all the time. Just when he was shutting the door, the prisoner started up and called him back. ་ Stop, sir. Was it all to see after my ankle that you have got up?'

'Yes, it was. 1 could not sleep for thinking of you.'

'And you have never said a word of the way I have used you!'

'I do feel hurt with you, but I don't want to call you unkind while you are suffering as you are now.'

The man was in an agony of shame and grief. All he asked was to be trusted again when he should have recovered. He was freely trusted, and gave his generous friend no more anxiety on his behalf.

CONDUCT OF AN AGENT OF THE BIBLE SOCIETY IN THE MEXICAN PROVINCE OF TEXAS.

[From the Manual of Peace, by T. C. Upham.]

His course lay through a piece of woods, where two men waylaid him with murderous intentions; one being armed with a gun, the other with a large club. As he approached the place of their concealment, they rushed towards him; but finding that no resistance was offered, they neither struck nor fired. He began to reason with them; and presently they seemed less eager to destroy him in haste. After a short time he prevailed on them to sit down with him upon a log, and talk the matter over deliberately; and finally he persuaded them to kneel with him in prayer; after which, they parted with him in a friendly manner.