An Englishman's Travels In America: His Observations Of Life And Manners In The Free And Slave States - 1857 - By J. Benwell.
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Proceeding To The
Interior, I Reached The Criminal Court, Where A Squalid-Looking Prisoner
Was Undergoing Trial For Murder.
The judges and officers of the court
were almost entirely without insignia of office, and the counsel
employed, I
Thought, evinced much tact in their proceedings, especially
in the cross-examination of witnesses, although they manifested great
acerbity of feeling towards each other, and their acrimonious remarks
would not, I imagine, have been allowed to pass without remonstrance in
an English court of justice. I was told by a by-stander, with whom I
entered into conversation, that if found guilty, the prisoner would be
conducted to an underground apartment used for the purpose, and
privately executed, the law of the State of New York, from motives that
ought to be appreciated in England, prohibiting public executions. It is
also customary there to allow criminals more time than in England, to
prepare for the awful change they are doomed to undergo.
I was informed by a friend that there are some very astute lawyers in
America, and I subsequently had opportunities to test the accuracy of
the remark. Their code, however, differs materially from the English,
although professing to be based upon its principles; and has the
preeminent advantage of being pretty free from the intricacies and
incongruities that so often tend to defeat justice in the
mother-country, and render proceedings at law so expensive and
perplexing. The slave laws (called the "_codenoir_"), adapted for the
Southern States, must, however, be excepted, for it is notorious, that
to subserve the ends of interested parties, they have been framed so as
to present what may with propriety be termed a concatenation of
entanglement and injustice to the slave subjects; the very wording of
many of these enactments, carrying unmistakable evidence of their being
concocted for the almost sole protection of the slave-owners.
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