Autobiography of Andrew Dickson White — Volume 1White, Andrew Dickson
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Autobiography of Andrew Dickson White — Volume 1
White, Andrew Dickson
Cornell University; Diplomats -- United States -- Biography; White, Andrew Dickson, 1832-1918
The moment the vote was declared the whole assembly
broke loose; the pressure being removed, there came a
general effervescence of good feeling, and I suddenly
found myself raised on the shoulders of stalwart men who
stood near, and rapidly carried over the heads of the
crowd, through many passages and corridors, my main
anxiety being to protect my head so that my brains might
not be knocked out against stairways and doorways;
but presently, when fairly dazed and bewildered, I was
borne into a room in the old Congress Hall Hotel, and
deposited safely in the presence of a gentleman standing
with his back to the fire, who at once extended his hand
to me most cordially, and to whom I said, ``God bless
you, Senator Conkling. ``A most hearty response
followed, and so began my closer acquaintance with the
new senator.
Mr. Conkling's election followed as a thing of course,
and throughout the State there was general approval.
During this session of 1867 I found myself involved in
two rather curious struggles, and with no less a personage
than my colleague, Judge Folger.
As to the first of these I had long felt, and still feel, that
of all the weaknesses in our institutions, one of the most
serious is our laxity in the administration of the criminal
law. No other civilized country, save possibly the lower
parts of Italy and Sicily, shows anything to approach the
number of unpunished homicides, in proportion to the
population, which are committed in sundry parts of our
own country, and indeed in our country taken as a whole.
In no country is the deterrent effect of punishment so
vitiated by delay; in no country is so much facility given
to chicanery, to futile appeals, and to every possible means
of clearing men from the due penalty of high crime, and
especially the crime of murder.
It was in view of this fact that, acting on the advice of an
old and able judge whose experience in criminal practice
had been very large, I introduced into the Senate a
bill to improve the procedure in criminal cases. The
judge just referred to had shown me the absurdities
arising from the fact that testimony in regard to character,
even in the case of professional criminals, was not
allowed save in rebuttal. It was notorious that professional
criminals charged with high crimes, especially in
our large cities, frequently went free because, while the
testimony to the particular crime was not absolutely
overwhelming, testimony to their character as professional
criminals, which, in connection with the facts established,
would have been absolutely conclusive, could not be admitted.
I therefore proposed that testimony as to character
in any criminal case might be introduced by the
prosecution if, after having been privately submitted to
the judge, he should decide that the ends of justice would
be furthered thereby.
Public-domain text, read in full here on John Shaqi.
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