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 Thinking About
Criminal Justice
in Canada
Second Edition
Edited by
Karla O’Regan
Susan Reid

Canada, 2nd Edition

 THINKING ABOUT
CRIMINAL JUSTICE
IN CANADA
SECOND EDITION
Karla O’Regan
Susan Reid

   

Canada, 2nd Edition

Copyright © 2017 Emond Montgomery Publications Limited.

NOTICE & DISCLAIMER: All rights reserved. No part of this publication may be reproduced in any form
by any means without the written consent of Emond Montgomery Publications. Emond Montgomery
Publications and all persons involved in the creation of this publication disclaim any warranty as to the
accuracy of this publication and shall not be responsible for any action taken in reliance on the publication,
or for any errors or omissions contained in the publication. Nothing in this publication constitutes legal or
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originally published elsewhere. If we have inadvertently overlooked an acknowledgment or failed to secure
a permission, we offer our sincere apologies and undertake to rectify the omission in the next edition.

Emond Montgomery Publications Limited

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Emond Montgomery Publications has no responsibility for the persistence or accuracy of URLs for
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Library and Archives Canada Cataloguing in Publication

Thinking about criminal justice in Canada / [edited by]

Karla O’Regan, Susan Reid. — Second edition.

Includes bibliographical references and index.

ISBN 978-1-77255-240-9 (softcover)

1. Criminal justice, Administration of—Canada—Textbooks. I. O’Regan, Karla, editor II. Reid,

Susan, 1958-, editor

HV9960.C2T55 2017   364.971   C2017-900398-4

Canada, 2nd Edition

Brief Contents

Contents v
Preface ix
About the Authors xi

PART ONE Introduction

pp Case Study: You Be the Judge 3
Chapter 1 Studying Criminal Justice 7
Chapter 2 Crime Prevention 35

PART TWO Policing

pp Case Study: Vancouver’s Odd Squad: Community Policing in Practice 65
Chapter 3 Policing History, Organization, and Operations 69
Chapter 4 Policing and the Law 99
Chapter 5 Forensic Science and Forensic Psychology 135

PART THREE The Courts

pp Case Study: R v Bourque (2014) 167
Chapter 6 Criminal Law 171
Chapter 7 Criminal Procedure and Evidence 199
Chapter 8 Sentencing 229

PART FOUR Corrections

pp Case Study: McCann v The Queen (1975): Solitary Confinement in Canada 261
Chapter 9 Institutional and Community Corrections 267
Chapter 10 Conditional Release in Canada 297
Chapter 11 Prison Populations in Focus 323

PART FIVE Youth Justice

pp Case Study: Ashley Smith: A Preventable Prison Homicide 355
Chapter 12 Thinking About Youth Criminal Justice 363

pp Conclusion: You Be the Judge Revisited 401

Legislation 407
Glossary 409
Index 417
Credits 431 iii

Canada, 2nd Edition

Canada, 2nd Edition
Contents

Brief Contents iii PART TWO Policing

Preface ix
pp Case Study: Vancouver’s Odd Squad: Community
Acknowledgments x Policing in Practice 65
Additional Resources x Suggested Further Reading 68
About the Authors xi References 68

Chapter 3 Policing History, Organization,

PART ONE Introduction and Operations 69
pp Case Study: You Be the Judge 3 Introduction 69
Suggested Further Readings 6 A Snapshot of the History of Policing 70
References 6 The History of Policing in Canada 72
The Current Structure of Canadian Police Organizations 74
Chapter 1 Studying Criminal Justice 7
Philosophical and Organizational Change 80
Introduction 7
Police Governance and Accountability 82
Criminology and Criminal Justice: Liberal Arts Endeavours 8
Canadian Policing in the 21st Century 83
Criminal Justice: Areas of Study and Key Players 10
Recruitment and Changing Standards 93
How Do We Come to Know What We Know About Crime and Criminal
Justice? 11 Conclusion 95
How Much Crime Is There? Debunking the Myths 13 Discussion Questions 96
Who Are the “Criminals”? 20 Notes 96
What Works? The Debate About Crime Control Versus Rehabilitation 25 Suggested Further Readings 96
The Ideology of Criminal Justice: Theoretical Models 27 References 96
Conclusion 30 Chapter 4 Policing and the Law 99
Discussion Questions 31 Introduction 99
Notes 32 Police Powers to Detain and Arrest 102
Suggested Further Readings 32 Police Questioning of Suspects 107
References 33 Search and Seizure 113
Chapter 2 Crime Prevention 35 Police Use of Force 117
Introduction 37 Justifications for the Use of Force 120
Crime Prevention Versus the Criminal Justice System 38 Conclusion 128
Dominant Crime Prevention Approaches 44 Discussion Questions 129
Private Policing/Security and Crime Prevention 56 Notes 129
Conclusion 57 Suggested Further Readings 130
Discussion Questions 59 References 130
Suggested Further Readings 59
References 59
v

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vi  Contents

Chapter 5 Forensic Science and Forensic Chapter 8 Sentencing 229

Psychology 135 Introduction 229
Introduction 135 Principles of Sentencing 229
Forensic Science 135 How Does a Judge Decide on a Sentence? 234
Forensic Psychology 150 The Role of Victims in the Sentencing Process 245
Conclusion 160 Types of Dispositions 245
Discussion Questions 160 Appealing a Sentence or a Conviction 251
Suggested Further Readings 161 Indigenous Restorative Justice Remedies and Specialized Courts 253
References 161 Conclusion 255
Discussion Questions 256
PART THREE The Courts Suggested Further Readings 256
pp Case Study: R v Bourque (2014) 167 References 256
Suggested Further Readings 170
References 170 PART FOUR Corrections

Chapter 6 Criminal Law 171 pp Case Study: McCann v The Queen (1975): Solitary
Confinement in Canada 261
Introduction 171
Suggested Further Readings 266
Historical Origins and Primary Sources of Criminal Law 172
References 266
The Legal Components of a Crime: Actus Reus and Mens Rea 176
Modes of Participation: Parties to an Offence 185 Chapter 9 Institutional and Community
Modes of Participation: Incomplete Offences 188 Corrections 267
Defences: Missing Actus Reus Components 190 Introduction 267
Defences: Missing Mens Rea Components 193 The Federal Correctional System 269
Conclusion 195 Provincial and Territorial Correctional Systems 277
Discussion Questions 196 Current Controversies and Future Concerns 280
Notes 196 Conclusion 291
Suggested Further Readings 197 Discussion Questions 292
References 197 Suggested Further Readings 292
References 293
Chapter 7 Criminal Procedure and
Evidence 199 Chapter 10 Conditional Release in Canada 297
Introduction 199 Introduction 297
Criminal Court Structure 200 What Is Conditional Release? 298
Criminal Court Jurisdiction 204 Types of Conditional Release 300
Classification of Offences 205 Conditional Release: The Indigenous Experience 306
Pre-Trial Procedures 207 The Conditional Release Process 307
Criminal Trial Procedures 215 Does Conditional Release Reduce Crime? 310
Criminal Evidence and the Charter 221 Who Benefits from Conditional Release? 316
Conclusion 225 Conclusion 318
Discussion Questions 225 Discussion Questions 318
Suggested Further Readings 226 Note 319
References 226 Suggested Further Readings 319
References 319

Canada, 2nd Edition

 Contents  vii

Chapter 11 Prison Populations in Focus 323 Conclusion You Be the Judge Revisited 401
Introduction 323 Discussion Questions 405
Older Offenders 324 References 406
Female Offenders 327
Legislation 407
Offenders’ Gender Identity and Sexual Orientation 330
Offenders Who Abuse Drugs and Alcohol 331 Glossary 409
Dangerous Offenders 333 Index 417
Sex Offenders 336
Credits 431
Offenders with Mental Disorders 338
Indigenous Offenders 340
Diversity in Corrections 342
Conclusion 343
Discussion Questions 345
Notes 345
Suggested Further Readings 346
References 346

PART FIVE Youth Justice

pp Case Study: Ashley Smith: A Preventable Prison
Homicide 355
References 361

Chapter 12 Thinking About Youth Criminal

Justice 363
Introduction 363
Do Young People Know Right from Wrong? 364
Historical Underpinnings of Youth and Justice 365
Early History of Youth Justice in Canada 367
Youth Justice in Canada, 1982 – 2003 369
The Youth Criminal Justice Act 371
Youth Sentencing 382
Youth with Mental Health Challenges 391
Correctional Programs that Reduce Recidivism and Prevent Crime 392
Conclusion 394
Discussion Questions 394
Suggested Further Readings 395
References 395

Canada, 2nd Edition

Canada, 2nd Edition
Preface

Since the publication of the first edition of this book, there have been a number of signifi-
cant developments in criminal justice. Canada has introduced assisted dying legislation,
debated the decriminalization of marijuana, and enacted the first Victims Bill of Rights.
The first edition of Thinking About Criminal Justice in Canada asked students to think of
themselves as key players in the conversations that these kinds of social and legislative
changes create. There is much evidence to suggest that today’s youth have taken up this
challenge, using social media and technology to engage in community mobilization and
political activism in unprecedented ways. The 2017 World Women’s March is a good
example. Estimated to have had more than 3.3 million protestors in attendance in the
United States alone, the Women’s March was the single largest international protest in
world history. It took place in more than 673 locations, on all seven continents, and en-
gaged a large cohort of young people who are not afraid to make their voices heard. As
one poster held by a young activist at the March read: “Sorry for the inconvenience—we
are trying to change the world.”
Our own approach to writing this textbook has been an attempt to bring this spirit
of transformative conversation into our classrooms.
Rather than leave students with the impression that they are surrounded by experts
whose knowledge of the theory and practice of criminal justice far surpasses their own
knowledge, we want to imbue students with a sense of responsibility for the world around
them and add their voice to the important debates and challenges that they will face today
and in the future. When confronted with real-world applications, students are likely to
use the learning strategies and problem-solving skills that they have practised. This book
engages students to explore, test, compare, and defend multiple points of view on an
issue and questions their own preconceived ideas about the way that these issues might
be resolved. It asks them to put critical reflection into practice. “What Do You Think?”
discussion boxes appear throughout the chapters, prompting students to make a habit
of asking themselves key questions about the material they are learning. How should
the overrepresentation of Indigenous people in Canada’s prisons be addressed? What
strategies should be developed to combat the increased risks of cyber-based crime or
the rise in hate-based violence in the wake of the 2016 US election? What do you think?
In the first edition, we noted that these kinds of inquiries are one of the reasons that
criminal justice is so well situated within the liberal arts. The development of a habit
of life-long learning can help students begin to question the vision of society they may
have inherited, enabling them to move beyond the role of passive observers and into
positions of active learners. This is often a necessary transition in the day-to-day work
of criminal justice professionals where decisions can become routinized, leaving out
important reflections and opportunities for review and assessment. Effective criminal

ix

Canada, 2nd Edition

x  Preface

justice policy must avoid myths and unsubstantiated beliefs about what works and how
crime happens. Looking for evidence to support claims requires a commitment to learn-
ing—to posing the question why and the hypothetical what if.
This philosophy of transformative teaching and learning forms the backbone of this
book. We have also aimed to improve the book’s reputation as a “teachable text.” This edi-
tion features all new issue-themed case studies, revised “What Do You Think?” discussion
boxes, and additional in-class exercises. Continuing the tradition of the first edition, a
number of chapters have been authored by criminal justice practitioners, which brings
to students an applied perspective on the core curriculum. Supporting statistics, anec-
dotal news stories, and relevant research are presented in Sidebar boxes, and are meant
to encourage students to consider some of the more tangential or analytical questions
that are raised in the material. We hope these features prompt thoughtful discussion
for you and your students.

Acknowledgments
We have loved the experience of teaching with a book we have written together and for
our own students. This book is once again dedicated to them. They continue to inspire
us and bring deep meaning to the work that we do.
The team at Emond Publishing were invaluable and improved this text at every stage
of its development. We are particularly grateful to Mike Thompson for guiding this ship
to port with such patience and compassion, and thank the rest of the dedicated editorial
team for being so committed to the project: Sarah Fulton, Laura Bast, Claudia Forgas,
and Cindy Fujimoto.
We and Emond wish to thank the following people for reviewing the project at various
stages and offering their feedback and suggestions: Joshua Barath, Georgian College;
Alison Dunwoody, University of Alberta; Carolyn Gordon, University of Ottawa; Doug
King, Mount Royal University; Andreas Tomaszewski, Mount Royal University; Lance
Triskle, Georgian College; and Brian Young, Camosun College.
Finally, we acknowledge the patience, enthusiasm, and insights offered by our contrib-
uting authors, as well as the consistent support of our families and friends, particularly our
colleagues at St. Thomas University. We feel incredibly fortunate to make a living doing
what we love in an environment that is deeply committed to undergraduate teaching.

Karla O’Regan and Susan Reid

Additional Resources
For information on accessing the teaching resources available to instructors who have
chosen this book for their courses, visit the For Instructors tab on the book’s website,
www.emond.ca/CJ2e. These resources include PowerPoint slides, a test bank, and more.
Contact your Emond Publishing representative for more information.

Canada, 2nd Edition

About the Authors

Gail Anderson is a professor in the School of Criminology and co-director of the Centre
for Forensic Research at Simon Fraser University.

Jane Barker is an associate professor and chair of the School of Criminology and Crim-
inal Justice at Nipissing University.

Rebecca Bromwich has been a practising Ontario lawyer since 2003. She is director of
the Conflict Resolution Program at Carleton University. She has a PhD from Carleton,
and an LLM and LLB from Queen’s.

Tom Deakin is a full-time professor in the Centre for Justice Studies at Loyalist Col-
lege in Belleville, Ontario. Prior to assuming this role, Tom was a probation and parole
officer for several years. He also briefly worked as a residential counsellor in an open
custody youth facility.

Leanne Fitch has been the chief of police for the Fredericton Police Force since 2013,
and is a graduate of the Ontario Police College. She holds both a bachelor and masters
degree from the University of New Brunswick.

Claire Goggin is an associate professor in the Department of Criminology and Criminal

Justice at St. Thomas University, Fredericton.

Kouri Keenan is a research consultant and PhD candidate in the School of Criminology
at Simon Fraser University.

Karla O’Regan is a lawyer and an associate professor in the Department of Criminology

and Criminal Justice at St. Thomas University, Fredericton.

Susan Reid is a full professor in the Department of Criminology and Criminal Justice
at St. Thomas University, Fredericton, and director of the Centre for Research on Youth
at Risk.

Ron Roesch is a professor in the Department of Psychology and director of the Mental
Health, Law, and Policy Institute at Simon Fraser University.

Stephen Schneider is an associate professor in the Department of Sociology and Crim-

inology at Saint Mary’s University.

Graham Stewart was the executive director of The John Howard Society of Canada
until his retirement in 2007.

D. Scharie Tavcer is an associate professor in the Department of Economics, Justice,

and Policy Studies at Mount Royal University.

xi

Canada, 2nd Edition

Canada’s Criminal Justice System: An Overview

Social Context
and Factors
Crime Leading to Crime
Prevention

Police

The Criminal
Event and
Investigation

Victims No charges laid

The Legal Process:

Trials and Appeals
Federal and
Provincial Governments:
Laws, Policies, and If found guilty
Institutions

Sentencing Diversion
(and Sentence Programs
Appeals)

Non-Custodial
Incarceration Sentence (e.g.,
fines, probation)

Sentence expires

Community
Parole
Reintegration and
Board Release
Support Programs
Decision

Canada, 2nd Edition

PART ONE
Introduction

Canada, 2nd Edition

Canada, 2nd Edition
CASE STUDY

You Be the Judge

Karla O’Regan

After hearing about a case involving a violent crime, it is easy to reach a quick conclusion
about whether the sentence the judge delivered was fair. Cases of violent crime often
create discussion about the value and meaning of a number of important principles such
as justice, mercy, vengeance, shame, punishment, and public safety. The goal of this text
is to help you think about these principles and other key considerations of Canada’s
criminal justice system more earnestly, and critically, and by the time you reach the
end, we hope, a bit differently! This case study provides you with an opportunity to test
your own beliefs about the criminal justice system. Read the following description of a
real criminal offence committed in Canada, including information about the victim and
the offender. What sentence would you give? What would be your reasons? At the end
of the text, you’ll have an opportunity to revisit this case to see whether your opinion
or reasons have changed.
Please note: This case, as well as some others described in this text, involves a violent
offence. Many of the facts are disturbing and should be approached with sensitivity and
respect.

A small group of Mushuau Innu youth from Natuashish head out on a hunting expedition in
Labrador.

Canada, 2nd Edition

4  Part One Introduction

The Offence
On the night of the offence, Matt was riding his bicycle along the town’s main road when
he met Robbie walking with some friends. Robbie called Matt a “child molester” and
indicated that he wanted to fight him. Robbie then removed his jacket and handed it to
one of his friends. Matt rode his bicycle into Robbie and the two began to fight. Bystander
evidence at trial suggested that Robbie swung at Matt, but missed. Matt then punched
Robbie in the face and ran. Robbie chased after Matt and grabbed him by the head.
Matt then turned and stabbed Robbie in the left side of his chest with what he claimed
was a pocket knife (although no weapon was recovered by police). Robbie was taken to
hospital and was admitted for more than two weeks, during which time he underwent
surgery. The nurse testified that the wound in Robbie’s chest was round and “sufficiently
large to be able to put four to five centimetres of [her] little finger into it,” leading the
trial judge to believe the weapon had been a screwdriver (R v Dicker, 2013, para. 15).
Matt was arrested and found guilty at trial of aggravated assault and breach of probation.

The Victim
Robbie and Matt were both from the same small town and knew each other fairly well.
Robbie had been in a relationship with Matt’s sister, with whom he had children. Despite
this family connection, Matt and Robbie had a history of fighting and did not get along.
A couple of months before the offence, the two had been involved in a heated argu-
ment, and although it did not escalate into a physical fight, Robbie did threaten to “give
[Matt] a beating” the next time he saw him. Two weeks before the offence, the two were
involved in a physical fight outside the town’s general store. According to the testimony
of the store manager, Robbie threw the first punch, hitting Matt in the chest. Matt then
hit Robbie in the face. Robbie then knocked Matt onto the ground, and Matt scrambled
to his feet and ran off. The next time they saw each other was the night of the offence.
At Matt’s trial, Robbie submitted a victim impact statement. It read, in part:
Since that night I still have nightmares he is trying to hurt me in my dreams. I was in the
hospital for 2 weeks, and they found, he put in 2 stab wounds.1 They had to put a tube
inside me, and to this day I still have chest pains. We had to pay for my partner Beverly to
travel to see me when I was in hospital. She stayed [at home] but had to travel every day.
Since this happened I went to treatment and I still go to meetings once a week. It was very
scary, my family did not know if I would survive and I was very scared to die also. I know
this has changed my life forever. (R v Dicker, 2013, para. 160)

At the sentencing hearing, the court took note of the seriousness of the wound Matt
had inflicted, particularly given its location in the left side of the victim’s chest. The judge
recognized that while some of Matt’s actions could be understood as self-defence, the
amount of force he used against Robbie was “excessive.” The judge also commented on
the importance of finding a sentence that would not only deter Matt from committing
further offences, but would also send a message to the community, particularly its young
men, that this kind of behaviour is unacceptable.

The Offender
At the time of the offence, Matt was 20 years old. He is a member of the Mushuau Innu
First Nation and lives in a small and remote part of Labrador. The community was

Canada, 2nd Edition

 Case Study You Be the Judge   5

established as part of a “relocation” project in 2002, when the government moved people
out of the nearby community of Davis Inlet as a result of widespread health and social
problems, including contaminated water sources, severe levels of domestic violence, alco-
holism, substance abuse, and suicide—with more than one quarter of the community’s
population reporting that they had attempted to end their own lives (Power, 2015). The
community gained national attention when a video was released in 1993 of a group of
six children (aged 11 to 14) sniffing gasoline in an unheated shack and declaring that life
was not worth living. Follow-up reports indicated that inhalant abuse was rampant in
the community, with 154 of the town’s 169 youths reporting having engaged in solvent
abuse, some as young as eight years old. Sixty of these youths reported gas-sniffing on
a daily basis.
As a teenager, Matt was falsely accused of having sexually assaulted a group of six
young girls. The investigation went on for a long time, and Matt was forced to live outside
the community and away from his friends and family for more than a year. This experi-
ence had a very negative effect on his life. Criminal charges were laid against him, and
the early proceedings of a trial had begun before the RCMP received information that
established the allegations were untrue. This case was well known in Matt’s community
and often resulted in him being bullied. When asked about the stabbing, Matt testified
that people were threatening him all the time and that he carried a pocket knife “for
protection.” He argued that he stabbed Robbie in self-defence.
Matt has a lengthy criminal record, with 16 prior convictions, most of which were for
break-and-enter charges and breaches of court orders. One conviction was for assault.
For almost all of these offences, Matt was a youth. None of these convictions involved jail
time; all of them resulted in periods of probation. While in custody for the aggravated
assault charge, Matt incurred additional charges for assaultive behaviour in the pre-trial
correctional centre.
English is not Matt’s first language. He learned Innu-aimun first in his home. During
his childhood, his parents drank heavily, and he witnessed frequent incidents of domestic
violence. He struggled in school and was held back a grade, eventually dropping out
and leaving school in grade eight. He has had one serious relationship, from which he
also has a young daughter. He has struggled with problems with alcohol and domestic
violence and has not been able to maintain steady employment.
At the time of sentencing, Matt had applied for a treatment program at a healing
lodge and submitted a letter offering him a custodial job with his First Nation upon his
release. His sister also submitted a letter of support, indicating that Matt could live with
her when released. Matt expressed remorse about stabbing Robbie and, when asked
during sentencing about his plans for the future, indicated that he would like to finish
school and possibly coach hockey.
While awaiting his sentence, Matt served 66 days in jail. At the time of his offence,
he was on probation for a prior conviction (break and enter) and had been ordered
to keep the peace and be of good behaviour. He indicated strong emotional ties to his
community and his indigenous heritage.
The Criminal Code allows for a maximum period of 14 years’ imprisonment for the
offence of aggravated assault and a maximum period of four years’ imprisonment for the
offence of breach of probation. In this case, the Crown requested a sentence of six years
in prison. The defence recommended a suspended sentence (with a period of probation).

Canada, 2nd Edition

6  Part One Introduction

What Do You Think?

1. What sentence would you give Matt in this case? Why? What factors would you
take into account when deciding on this sentence?
2. What importance (if any) do you give to the socio-economic context of Matt’s
background or community? What central principles guide your decision?
3. What do you hope your sentence will accomplish?

SUGGESTED FURTHER READINGS

Burns, A. (2006). Moving and moving forward: Mushuau Innu relocation from Davis Inlet to
Natuashish. Acadiensis, 35(2), 64 – 84.

REFERENCES
Power, P. (2015, March 6). A decade after the people of Davis Inlet were relocated, they are still
hunting demons. Globe and Mail. Retrieved from http://www.theglobeandmail.com/news/
national/hunting-demons/article23331533/.
R v Dicker (2013), 280 CRR (2d) 68 (Nfld Prov Ct).

Canada, 2nd Edition

CHAPTER 1 / KARLA O’REGAN AND SUSAN REID

Studying Criminal Justice

LEARNING OUTCOMES CHAPTER OUTLINE

After reading this chapter, students will be able to: Suggested Further Readings 6
References 6
pp Describe the differences and similarities between criminology and criminal Introduction 7
justice. Criminology and Criminal Justice: Liberal Arts
Endeavours 8
pp Recognize the key players within the criminal justice system and outline their
Criminal Justice: Areas of Study and Key Players 10
roles and responsibilities. How Do We Come to Know What We Know About
pp Identify the three subfields of criminal justice studies and the ways each fits Crime and Criminal Justice? 11
within and is informed by the liberal arts tradition. How Much Crime Is There? Debunking the Myths 13
Who Are the “Criminals”? 20
pp Understand the factors that influence how crime is defined and reported,
What Works? The Debate About Crime Control Versus
including the role of the media, police practices, and the general public’s Rehabilitation 25
sense of safety. The Ideology of Criminal Justice: Theoretical Models 27
pp Characterize the core theoretical models of criminal justice and explain how Conclusion 30
these models inform criminal justice policy. Discussion Questions 31
Notes 32
pp Be familiar with key terms in criminal justice studies and policy.
Suggested Further Readings 32
References 33

Introduction
Cases like the one that opened this text reveal the complexity of the criminal justice sys-
tem and the challenges inherent in its study. No doubt there were many disagreements
among your colleagues about the appropriate sentence for Matt and the reasons for it.
Working through these debates is a key component of the criminal justice profession and
the many different agencies, institutions, and stakeholders it involves. These differences
of opinion are also why studying criminal justice can be such an interesting endeavour.
There is always more than one side to a story. Crime is, after all, an aspect of social life.
Some theorists, such as the French sociologist Émile Durkheim, have argued that crime
is a necessary part of human societies and their development. It exists in all civilizations
regardless of political leadership, financial circumstances, geography, religious belief,
cultural history, demographic composition, language, or levels of industrialization—
although, as this text will discuss, each of these factors can influence how much crime
there is and how it is dealt with.

Canada, 2nd Edition

8  Part One Introduction

Criminology and Criminal Justice: Liberal Arts Endeavours

Understanding how much crime there is, on the one hand, and determining how to
address it, on the other, is a good way to think about the difference between crimin-
ology and criminal justice. Criminology is interested in how and why crime happens,
while criminal justice is concerned with what to do about criminal activity once it has
occurred. Those are, of course, simplistic definitions of both fields and it is important
to keep in mind that criminology and criminal justice rely on the work and expertise of
each other. Criminology, for example, wants to know more about “the criminal mind”
and the factors that motivate an offender to commit illegal acts. Research in this area
often relies on psychology, biology, sociology, and the studies that emerge from criminal
justice experts about existing offenders and their treatment programs. In the same way,
criminal justice scholars are sometimes interested in how to rehabilitate an offender in
prison or how to help her reintegrate into a community after release. This challenge is
made easier with the help of studies by criminologists that aim to learn more about what
motivates people to commit crimes in the first place and how an offender’s community
can play a role in the prevention, commission, and control of crime.
The cooperative work of criminologists and criminal justice
professionals can also be witnessed by examining the central
aims of each discipline. The purpose of the criminal justice sys-
tem is the prevention and control of crime while maintaining
and promoting justice. These objectives require knowing a lot
about how crime happens and how society feels about it. How
should police priorities be determined? What kinds of activ-
ities should be illegal? What does just punishment look like?
Criminologists are often engaged in research that helps provide
some answers to these questions, using scientific methods to
explain the interactions of law-making, law-breaking, and the
reactions of society to these processes. Criminal justice studies
are sometimes housed in political science or sociology depart-
ments, given the discipline’s interest in studying social control
and the various ways it is exercised in defining and responding
to criminal behaviour.
A Vancouver Police officer interacts with the public. It is not surprising that criminal justice professions are often
Strong verbal communications skills, empathy, applied staffed by those with a background in the liberal arts. Williams
ethics, and critical thinking are essential to a successful and Robinson (2004, p. 379) suggest that liberal arts education
career in criminal justice. “has at its center four practices that distinguish it from other
kinds of learning: critical thinking, continuing examination of
life, encounters with difference, and the free exchange of ideas.” These practices help de-
velop key skill sets that are of particular use in the criminal justice field. A 2015 survey
of more than 200 criminal justice practitioners found that when asked to rate the skill
sets that were most important for success within the profession, strong verbal communi-
cation and applied ethics were the most highly ranked, with an emphasis on awareness
of racial and gender issues within the criminal justice system (Jones & Bonner, 2016).
Criminal justice majors have also been found to score high in intrapersonal intelligence,
which, as Tripp and Cobkit (2013) suggest, “indicates a high level of reasoning and an
understanding of others’ feelings” (p. 482). Moreover, many professionals within the field

Canada, 2nd Edition

 Chapter 1 Studying Criminal Justice   9

report that their degrees in criminal justice have improved not only their competency
at work but also their ability to excel in higher-level functions. In a 2007 study among
American police officers, participants “expressed great support for the degree’s ability
to improve not only legal and justice system understanding, but more importantly their
ability to communicate, analyze, administrate, and engage in human relations” (Carlan,
2007, p. 616).
Skills in applied reasoning and an appreciation for the social and cultural contexts
of human relations are even more important when we consider Williams and Robin-
son’s (2004) suggestion that most criminal justice texts ignore issues crucial to the very
foundation of all criminal justice processes. In particular, relations of power, ideology, ideology
politics, and the manipulation of the law through lobbying by special interest groups A system of beliefs or assumptions
are areas often left underexplored. The liberal arts encourage a more critical approach about the correct or proper order of
to the study of the criminal justice system and its agencies, where it is essential to de- things, particularly with respect to
bunk the dominant myths of crime and criminal justice. This text encourages this kind morality and political arrangements;
a value system that shapes a
of approach, using ideology as a framework for understanding both the intended and
person’s position on specific issues.
unintended consequences of a crime policy or program. The utility of ideology as a
method of gaining a more critical understanding of the criminal justice system is further
explored throughout this chapter.

SIDEBAR

The Bard Prison Initiative: Liberal Arts in Prison

Want to keep people out of prison? Give them a liberal
arts education. This was the answer Max Kenner pro-
posed when he established the Bard Prison Initiative—an
organization that helps offer liberal arts education classes
to prisoners in the United States. Male and female of-
fenders enroll in academic programs that lead to degrees
from Bard College in New York. The organization com-
prises people who, in the words of its mission statement,
“share the view that a liberal education can transform
the lives of individual students, and our public institu-
tions, in ways that far exceed the prevailing responses
to crime, punishment, and the need for change” (Bard
Prison Initiative, n.d.).
The Bard Prison Initiative began as an idea Kenner
had while he was an undergraduate student at Bard
College. The US Congress had just revoked college fund-
ing for prisoners, resulting in the termination of most
prison education programs. Kenner, having recently dis-
covered the value of his own liberal arts education, be-
came determined to see it shared with those behind
bars. What began as one course offered to 18 inmates is
now a nationwide program offered in more than nine
states with an annual budget of $2.5 million. As of 2015,
almost 350 inmates have earned degrees through the
program. Moreover, graduates of the program are sig-
nificantly less likely to return to prison than their degree-
less counterparts. In comparison to the U.S. national
average, where about two-thirds of released offenders
commit another offence (67.8 percent within three years
and 76.6 percent within five years), only 4 percent of all
graduates of the initiative’s program have returned to
prison (Qin, 2015).
For many participants, this outcome is due to the
nature of studying the liberal arts. As one graduate re-
marked, “While at Bard, I learned that freedom was some-
thing much different than just a physicality, a space of
physical existence. Freedom had a lot do with your ability
to think. Freedom had a lot to do with your ability to
communicate with others. To see the world in a different
view” (Cohen, 2011).

Canada, 2nd Edition

10  Part One Introduction
duty counsel
A lawyer paid by the government
to provide legal advice and
services to individuals who
come to court unrepresented.
Criminal Justice: Areas of Study and Key Players
Given its mandate of responding to crime, the field of criminal justice can be defined as the
study of the many institutions and agents that are involved in the investigation of crim-
inal activity, the enforcement of the criminal law, and the correctional arm of the state.
These agencies can be broadly understood to fall within one of three principal areas
of criminal justice work—namely, policing, the criminal court system, and corrections.
This text is organized around these three subfields of specialization, the first of which
is the work of the various policing services in Canada and their affiliated organiza-
tions, including municipal, regional, provincial, and federal levels of policing. Policing
discussions also centre around the concept of community-based policing, specialized
forces such as the Aboriginal Policing Directorate, surveillance and investigative teams,
as well as the forensic science services used by police throughout the country.
A second area of criminal justice work centres on criminal law and its procedures.
This field of study involves the work of many court-based personnel, including lawyers,
judges, and their research teams (comprising paralegals, legal secretaries, and law clerks).
It is also an area interested in the work of court services personnel, including bailiffs,
registrars, jury attendants, and court reporters, as well as criminal justice professionals
who provide services and support to victims and witnesses, such as victim services or-
ganizations and social workers, and court-appointed personnel, such as duty counsel
and child-protection workers.
A third area of criminal justice work is also one of its largest fields of research: cor-
rections. It focuses on the procedures and institutions of imprisonment in terms of
the assessment, treatment, rehabilitation, and reintegration of offenders. Correctional
officers, security personnel, and prison administration workers (such as the warden
or superintendent of the institution) are key players in this criminal justice field. The
work of post-incarceration personnel, such as parole officers, drug and alcohol abuse
counsellors, and mental health workers, is also of interest to criminal justice scholars of
corrections, as is the policy work of both government and non-government officials and
organizations that study the prison experience. Community-based work among criminal
justice professionals that does not take place in jail, court, or prison is also a part of the
corrections area and includes halfway house counsellors, attendance centre program
personnel, educational consultants, youth workers, probation officers, and group home
workers, as well as diversion, extrajudicial, or alternative measures co-coordinators.
It is also important to mention the programs that are operated within the community
that aim to prevent crime through both voluntary groups (e.g., crime prevention associa-
tions, Neighbourhood Watch groups) and other non-governmental organizations (e.g.,
John Howard Society, Elizabeth Fry Society, St. Leonard’s Society). These programs and
agencies provide assistance to the more formal state-run institutions under the direction
of a broad base of community volunteers and provide additional services to prevent and
reduce crime and harm in our communities.
This list of agencies is far from exhaustive , but it should give you some indication of
the wide variety of work that is conducted within the criminal justice system and the
exciting opportunities that such diversity creates for those who, like you, have chosen
criminal justice as a field of study.
Canada, 2nd Edition
 Chapter 1 Studying Criminal Justice   11

How Do We Come to Know What We Know About Crime

and Criminal Justice?
The appeal of criminology and criminal justice courses may lie in the fascination that
people have with the subject matter, but it is perhaps further enhanced by the popular-
ity of the many dramas that explore issues of crime and justice, such as Law and Order,
Criminal Minds, Quantico, Blue Bloods, and CSI. Many of us are subject to a daily barrage
of images about crime and disorder through news media, television, and Internet sources.
Crime constitutes a constant and significant portion of the total news portrayed on radio
and television, and in the print media. Both the news and entertainment industries are
notorious for consistently taking the least common crime or criminal justice event and
making it appear to be the most common crime or justice image. Such practices can
make anyone seem like an instant authority on crime, but all too often the image of crime
portrayed in popular media is based more on stereotypes than empirical evidence. This
image influences the beliefs we have about crime, which can impede our ability to see
things differently or find alternative solutions to a problem. Consumers of a steady diet
of crime and criminal justice images from the media have been subjected to a vocabu-
lary of force, where police are portrayed as crime “fighters” in the “war” on crime. As a
result, a student entering a course in criminal justice may hold beliefs that crime must
be “fought” rather than treated, prevented, reduced, or solved. Students who do not learn
about how laws are made may not appreciate that they are imperfect and incomplete, but
not impartial. Learning how law can be biased, representing the interests of some over
others, is a key step in understanding the present realities of Canada’s criminal justice
system and its challenges. Similarly, considering the principles of sentencing after a
crime has been committed and the subsequent purposes of punishment allows a more
critical analysis of the population of offenders that are incarcerated in Canada. Releas-
ing offenders from carceral settings back into our communities is also an area of critical
concern with respect to the public misinformation regarding the success of offenders
upon release through parole provisions. As students of criminal justice study, these areas
will be considered as you further delve into the chapters in this text.

Thinking Critically About the Issues

In asking you to think critically about the issues in this text, we want you to embark on a
process of reasonably deciding what to do and/or believe while considering what sources,
images, ideas, and arguments helped you reach these positions. We want you not only to
be able to assess your own and others’ arguments but also to be able to construct good
arguments when the issues being presented are controversial. Criminal justice scholars
should always be striving to create counterarguments and examples that require empirical
evidence or support while remaining sensitive to their own biases and values. Thinking
critically about the issues requires a commitment to open-mindedness and fairness,
empathy for others’ positions, openness to self-criticism, and an appreciation of the
value of looking at criminal events from multiple points of view. It may mean a change
in some of the beliefs you already have about crime and how it should be addressed,
and this kind of shift is not always easy to undertake. As Mark Twain once suggested,
“Education consists mainly of what we have unlearned,” and when it comes to society’s
reactions to and treatments of criminal activity, one might say there is a great deal of
unlearning to do.

Canada, 2nd Edition

12  Part One Introduction

Sherman (1981), in his work on preparing criminal justice professionals, suggested

that “the business of criminal justice is forcing people to do what they do not want to do,
on the basis of threat of pain, physical harm or, in those countries which still have capital
punishment, death” (p. 17). Few commentators on the criminal justice system and even
fewer students of criminal justice think about the social and ethical responsibilities of
this task before becoming involved with the system themselves. When they do encounter
the system, Sherman suggested, the result is a “substantial reality shock” (p. 18). We all
have a responsibility to act thoughtfully in our support for public policies within the
realm of crime prevention and control, including when we elect our government leaders.
Thinking through several viewpoints of the implications of a proposed change to the
criminal law or a government agenda to “crack down” on crime is an important task
in assessing the value of any given criminal justice practice. Moreover, the media often
gets it wrong, leaving the uncritical observer to get it wrong too. As Gendreau, Goggin,
Cullen, and Paparozzi (2002, p. 366) have noted:

[P]ublic opinions are woefully inaccurate and, not surprisingly, tend to be aligned with
the “get-tough” orientation of the media. Thus, the public mistakenly believes that prisons
(the harsher the better) deter criminal behaviour, that parole rates and parole violations
are far too high, that Canada’s incarceration rates are lower than those of other countries
and our sentencing policies are soft on crime, recidivism rates are sky high, and violent
crime is epidemic.

One of the purposes of this text is to help you dispel the myths about crime and
criminal justice so as to be able to critically evaluate criminal justice policies in light of
competing views about the nature of crime, the methods of intervention, and the pos-
sible intended and unintended outcomes of various interventions.
As we have noted, the police, the courts, and the state’s correctional arm are the prin-
cipal areas of focus in criminal justice studies. This is not only a reflection of how our
current system responds to crime but also how it defines crime. It is important to keep
in mind how the choices of lawmakers and government officials can influence which
behaviours are targeted and by whom. The history and structure of Canada’s police
systems, courtrooms, and correctional institutions inform us about how the criminal
justice system is organized as well as its underlying assumptions. Remember, however,
that established approaches are not the only ways of responding to crime. Many alterna-
tive approaches to policing or to determining punishments for offenders are explored in
criminal justice studies each year (some of which are discussed in upcoming chapters).
Implementing criminal justice policy in policing, criminal law, or corrections requires
an understanding that focusing on one form of crime control will affect the quality of
life not only of the targeted segment of the population but also of the population as a
whole. If any one method is used exclusively, it will have limited returns, so we must be
mindful of the need to consider alternative processes. Through a systematic practice of
recognizing our own beliefs and being open to the insights of others, we have an op-
portunity to explore the beliefs that might marginalize others and to consider all sides
of an often conflicting array of proposed solutions. This text therefore encourages the
study of criminal justice as an inquiry into not simply the how of criminal justice, but
more importantly, the why of the law, police, courts, and corrections.

Canada, 2nd Edition

 Chapter 1 Studying Criminal Justice   13

How Much Crime Is There? Debunking the Myths

Crime and society’s response to it are frequent features in news media reports, leaving
many issues of policing, the court system, and the correctional system open to public
scrutiny. As Gendreau et al. (2002) have noted, public opinion often gets the facts
wrong, but even well-informed editorials tend to focus on the failure of the system to
keep citizens safe or the injustice of an offender getting off on a “technicality.” Few of
these opinions take into account the complexity of the system, and while this oversight
is understandable given the breadth of issues involved in any case or criminal event,
it can easily lead to widespread misconceptions. Consider, for example, the public
perception of crime rates.

SIDEBAR

Crime Rate
The crime rate is a measure of how much crime is known about for any given region
or population. It is calculated by adding up all of the criminal incidents that have been
reported to the police and dividing by the population (i.e., the rate per every 100,000
persons). In Canada, these data are taken from the Uniform Crime Reporting (UCR)
Survey, which collects information filed by police departments across the country
about the number of crimes reported, the number of criminal charges that were laid,
how these were addressed (e.g., were they “cleared” or solved by police?), as well as
the age and gender of the offenders. Because it does not include information about
any crimes that were not reported, the crime rate is only one indicator of how much
crime really occurs.

Despite politicians’ frequent claims to the contrary, the national crime rate in Can-
ada has been falling steadily for the past several decades, and in 2014 it was at its lowest
recorded level since 1969 (Statistics Canada, 2015). In 2014 alone, the crime rate dropped
3 percent from the previous year, representing the eleventh consecutive decrease in
police-reported crime in Canada. In 2015, there was a slight increase (3 percent), with
5,198 incidents per 100,000 population; however, the rate was comparable to 2013 (5,194
incidents per 100,000). As Figure 1.1 shows, 2015 was the first year that the crime rate
increased since 2003 (Allen, 2016).
Among the crimes reported in 2015, 604 were homicides, which increased by 83 from
2014. The 2015 homicide rate (1.68 per 100,000 population) was the highest rate since
2011, but it was still below the average for the previous decade (1.72 per 100,000 popula-
tion) (Allen, 2016). While the number of homicides increased by 15 percent in 2015, the
number of murders still only accounted for less than 1 percent of all violent crimes. The
attempted murder rate also increased in 2015, with 144 more than the previous year. As
Figure 1.2 shows, the homicide rate and the attempted murder rate fluctuate from year
to year with no clear pattern. This kind of fluctuation affects the public’s understanding
of violent crime.
There is also a misconception that homicides and other violent crimes are more
prevalent in large cities. The statistics for 2015 reveal in fact that the incidence of homi-
cide was below the national average (1.68 per 100,000 population) in two of Canada’s

Canada, 2nd Edition

14  Part One Introduction

FIGURE 1.1 Police-Reported Crime Rates, Canada, 1962–2015

12,000

rate per 100,000 population

1991: 10,342
10,000

8,000
2015: 5,198

6,000

1962: 2,771

4,000

2,000

0
1962 1970 1980 1990 2000 2010 2015

In 2015, Canada’s police-reported crime rate (which measures the volume relative to the
population size) was up by 3 percent from the previous year, the first increase since 2003.

Source: Allen (2016, chart 3).

three largest cities: in Toronto it was 1.35 per 100,000 population, and in Montreal it
was 1.16 per 100,000 population (Allen, 2016). In 2015, Brantford, Ontario recorded
no homicides. Does that mean that Brantford is the safest city in Canada? Not neces-
sarily. Given how the crime rate is calculated, the increase of even one homicide in a
region can dramatically increase the overall rate. For example, Nova Scotia showed a
100 percent increase in the rate of homicide in 2015, going from 6 homicides in 2014
to 12 homicides in 2015. However, Regina, which has the highest rate of 3.3 homicides
per 100,000 population, only showed a 57 percent increase, going from 5 homicides in
2014 to 8 homicides in 2015. Toronto, by comparison, had a total of 82 murders, the
same as reported in 2014. It is important to remember that while murder is a very ser-
ious event, it is not commonplace.
The crime rate, which measures the overall volume of police-reported crime, counts
all offences equally, so that one incident of bicycle theft is counted the same as one inci-
dent of homicide. As such, the crime rate tends to be driven by high-volume, less-serious
offences, such as minor thefts and mischief rather than the more violent offences people
often imagine when they hear the word “crime.” In order to have a better understanding
of the more serious crimes in Canada, the Crime Severity Index (CSI) was introduced
in 2006. In addition to the volume of crime reported to the police, the CSI also gives a
weight to each offence based on the average sentences handed down by the courts. The
more serious the average sentence, the higher the weight for the offence on the CSI. As a
result, in the calculation of the sum of the weighted offences (divided by the population),

Canada, 2nd Edition

 Chapter 1 Studying Criminal Justice   15

FIGURE 1.2 Police-Reported Attempted Murder and Homicide Rates, Canada,

1984–2015
4.0

3.5

3.0
Attempted murder
2.5

2.0
Homicide
1.5

rate per 100,000 population

1.0

0.5

0.0
1984 1988 1992 1996 2000 2004 2008 2012 2015

Source: Allen (2016, chart 10).

FIGURE 1.3 Police-Reported Crime Severity Index and Crime Rate, Canada,
1998–2015

1998: 118.8

120

100
2015: 69.7

80

60

40

20

0
’98 ’99 ’00 ’01 ’02 ’03 ’04 ’05 ’06 ’07 ’08 ’09 ’10 ’11 ’12 ’13 ’14 ’15

In 2015, Canada’s police-reported crime severity index (which measures the volume and
severity of crime) was up by 5 percent from the previous year, the first increase in the
index in 12 years.
Source: Allen (2016, chart 10).

Canada, 2nd Edition

16  Part One Introduction

the more serious offences such as homicide will have a greater impact on changes in the
index from year to year (Wallace, Turner, Babyak, & Matarazzo, 2009). As reported by
Statistics Canada, in 2015 the CSI increased by 5 percent over the previous year, and
this change was due to slight increases in fraud, break and enter, robbery, and homicide
(Allen, 2016). The compatibility between the crime rate and the CSI data for 2015 sug-
gests that crime has increased, albeit marginally (see Figure 1.3).
Many factors can affect people’s experience of crime, including race, gender, region,
and socio-economic status. These factors can contribute to heightened levels of victimiza-
tion among certain groups, even amid consistently declining crime rates. Following the
2014 RCMP report, Missing and Murdered Aboriginal Women: A National Operational
Overview, Statistics Canada began working with police to collect data on the Indigenous
identities of homicide victims. The results are staggering. In 2014, Indigenous people ac-
counted for 5 percent of the Canadian population as a whole, and yet almost a quarter (23
percent) of all homicide victims and a third (32 percent) of all those accused of homicide
were Indigenous people (Miladinovic & Mulligan, 2015). The 2014 homicide rate was six
times higher for Indigenous people than for non-Indigenous people (7.20 per 100,000
population as compared with 1.13 per 100,000 population), and Indigenous people were
ten times more likely to be accused of a homicide than non-Indigenous people.
These findings point to the importance of examining crime rates from many vantage
points, as well as including alternate sources of data to provide a fuller picture of what
crime is occurring and how it is experienced. These considerations are particularly im-
portant for learning more about unreported crime.

Unreported Crime: The Dark Figure

The crime rate is only one indicator of how much crime is happening in Canada. In addi-
tion to police-reported crimes, learning more about self-reported crimes (from victim
surveys such as the General Social Survey) provides an overview of how Canadians feel
in terms of their sense of personal safety and their satisfaction with the police. Self-report
studies are particularly useful given their ability to provide data on crimes that are not
reported to police and thus omitted from national measurements of the crime rate. We
can never really know how much crime is out there because of the necessity of it having
to be reported, which leads criminologists and law enforcement personnel to refer to
this unknown amount of crime as the “dark figure of crime.”

SIDEBAR

Dark Figure of Crime

The dark figure of crime is a term used in criminology and criminal justice studies to
refer to the vast amount of criminal activity that is not reported to police, leaving the
total amount of crime in any given society impossible to know. How much crime goes
unreported is thought to vary, depending on the offence. For example, sexual assault
is believed to have the lowest reporting rate of any criminal offence, estimated to be
less than 6 percent. This means that of every 100 sexual assaults that occur, the crim-
inal justice system only ever learns about six of them, leaving the remaining 94 inci-
dents within the dark figure of crime.

Canada, 2nd Edition

Another random document with
no related content on Scribd:
 CASTLE PINCKNEY.
Castle Pinckney is a small work, situated on the southern
extremity of “Shute’s Folly Island,” between the Hog and Folly
channels. Though in itself not a very considerable military work, yet,
from its position, commanding as it does the whole line of the
eastern wharves, it becomes of the utmost importance. The height of
the rampart is twenty, and the width thirty-two feet. The width of the
outer wall and of the parapet is six feet; the depth of the casemates is
twenty feet, height ten; the diameter (east and west) of the castle is
one hundred and seventy feet. The entrance is on the northern side,
on either side of which are the officers and privates’ quarters, mess-
room, &c. The armament of this castle consists of about twenty-five
pieces, 24 and 32-pounders, a few sea-coast mortars and six
columbiads.
 BOMBARDMENT OF FORT SUMTER.

Major Anderson made good use of the hour awarded to him, that
one solemn hour which stood between a peaceful, happy country, so
blessed that it had forgotten to be grateful, and the most terrible war
that ever, without cause, deluged a free soil with the blood of its own
sons. Were ever sixty minutes, since the creation of time, so
portentous with fate?
But that little band of men had no time for such thoughts. No
sooner had the deputation withdrawn than each officer and soldier
was at his post. They had two flags at the fort, a large garrison flag,
which Major Anderson raised when he took up his quarters at
Sumter, and a smaller one, called the storm-flag; the former had a
slight tip in it, and he ordered the storm-flag to be raised in its stead.
Sentinels were immediately removed from the parapets of Fort
Sumter, the posterns closed, the flag drawn up, and an order sent to
the troops not to leave the bomb-proofs, on any account, until
summoned by the drum. At 4.30 A. M. one bombshell was thrown at
Sumter, bursting immediately over the fort.
This was the first gun of the rebellion. How awfully its
reverberations have thundered through the land! How little did the
prompters of that attack upon the old flag dream of the horrors that
were to follow!
 BOMBARDMENT OF FORT
SUMTER

1. Cummings’ Point Iron Battery.

2. Fort Sumter.
3. Sullivan’s Island.
4. The Iron Floating Battery.
5. Fort Moultrie.
6. Charleston.

After the pause of a few moments the firing became general on the
part of the batteries of the secessionists, doing the greatest credit to
the artillerists. Battery after battery joined in the murderous attack.
The Major took it very calmly—divided his men into companies to
relieve each other—had their scanty breakfast prepared, which they
partook of in silence, while the iron hail was crashing against their
walls—prepared additional cartridges by tearing up the flannel shirts
of the men, their bed-clothes, etc.,—got out a supply of powder from
the magazine—and after nearly four hours’ silence, the fort at last
opened most vigorously on their assailants. Hot coffee was kept in
the boiler in the cook room for the men to partake of whenever they
pleased, and they worked the guns with a will. They fired but few
shells, for the only guns for that kind of ammunition were the
barbette guns on the open rampart, many of which were dismounted
by the continuous fire of the enemy, and the serving of which, from
the lack of casemate protection, would have rapidly thinned out the
Major’s little band.
As the number of men was so small, and the garrison so nearly
exhausted by the several months of siege which they had gone
through, it was necessary to husband their strength. The command
was therefore divided into three reliefs, or equal parties, who were to
work the different batteries by turns, each four hours.
The first relief opened upon the iron batteries at Cummings Point,
at a distance of 1,600 yards, the iron floating battery, distant 1,800
or 2,000 yards at the end of Sullivan’s Island, the enfilading battery
on Sullivan’s Island, and Fort Moultrie. This was at 7 o’clock in the
morning, Captain Doubleday firing the first gun, and all the points
named above being opened upon simultaneously. For the first four
hours the firing was kept up with great rapidity; the enthusiasm of
the men, indeed, was so spirited that the second and third reliefs
could not be kept from the guns. This accounts for the fact that
double the number of guns were at work during the first four hours
than at any other time.
Shells burst with the greatest rapidity in every portion of the work,
hurling the loose brick and stone in all directions, breaking the
windows, and setting fire to whatever woodwork they burst against.
The solid shot firing of the enemy’s batteries, and particularly of Fort
Moultrie, were directed at the barbette guns of Fort Sumter,
disabling one ten-inch columbiad, (they had but two,) one eight-inch
columbiad, one forty-two pounder, and two eight-inch sea-coast
howitzers, and also tearing a large portion of the parapet away. The
firing from the batteries on Cummings Point was scattered over the
whole of the gorge, or rear, of the fort, riddling it like a sieve. The
explosion of shells, and the quantity of deadly missiles that were
hurled in every direction and at every instant of time, made it almost
certain death to go out of the lower tier of casemates, and also made
the working of the barbette, or upper uncovered guns, which
contained all of our heaviest metals, and by which alone we could
throw shells, quite impossible. During the first day there was hardly
an instant of time that there was a cessation of the whizzing of balls,
which were sometimes coming half a dozen at once. There was not a
portion of the work which was not seen in reverse (that is, exposed
by the rear) from mortars.
 On Friday, before dinner, several of the vessels of the fleet beyond
the bar were seen through the port-holes. They dipped their flags.
The commander ordered Sumter’s flag to be dipped in return, which
was done, while the shells were bursting in every direction. [The
flagstaff was located in the parade, which is about the centre of the
open space within the fort.] Sergeant Hart saw the flag of Fort
Sumter half way down, and, supposing that it had been cut by the
enemy’s shot, rushed out through the fire to assist in getting it up.
Shortly after it had been re-raised, a shell burst and cut the halyards,
but the rope was so intertwined around the halyards, that the flag
would not fall.
The cartridges were exhausted about noon, and a party was sent to
the magazines to make cartridges of the remaining blankets and
shirts, the sleeves of the latter being readily converted into the
purpose desired. Another great misfortune was, that there was not an
instrument in the fort by which they could weigh powder, which of
course destroyed all attempt at accuracy of firing. Nor had they
tangent scales, breech sides, or other instruments with which to
point a gun.
When it became so dark as to render it impossible to see the effect
of their shot, the port-holes were closed for the night, while the
batteries of the secessionists continued their fire the whole night.
During Friday, the officers’ barracks were three times set on fire by
the shells, and three times put out under the most galling and
destructive firing. This was the only occasion on which Major
Anderson allowed the men to expose themselves without an absolute
necessity. The guns on the parapet, which had been pointed the day
before, were fired clandestinely by some of the men.
The firing of the rifled guns from the iron battery on Cummings
Point became extremely accurate in the afternoon of Friday, cutting
out large quantities of the masonry about the embrasures at every
shot, throwing concrete among the cannoneers, slightly wounding
one man, and stunning others. One piece struck Sergeant Kearnan,
an old Mexican war veteran, on the head and knocked him down.
Upon being revived, he was asked if he was hurt badly. He replied:
“No; I was only knocked down temporarily,” and he went to work
again.
 Meals were served at the guns of the cannoneers, while the guns
were being fired and pointed. The fire commenced in the morning as
soon as possible.
During Friday night the men endeavored to climb the flagstaff, for
the purpose of fastening new halyards, the old ones having been cut
by the shot, but found it impossible. The flag remained fast.
For the fourth time the barracks were set on fire early on Saturday
morning, and attempts were made to put it out. But it was soon
discovered that red-hot shot were being thrown into the fort with the
greatest rapidity, and it became evident that it would be impossible
to put out the conflagration. The whole garrison was then set at
work, or as many as could be spared, to remove the powder from the
magazines. It was desperate work, rolling barrels of powder through
the fire.
Ninety odd barrels had been rolled out through the flames, when
the heat became so great as to make it impossible to get out any
more. The doors were then closed and locked, and the fire spread
and became general. The wind so directed the smoke as to fill the fort
so full that the men could not see each other, and with the hot,
stifling air, it was as much as a man could do to breathe. Soon they
were obliged to cover their faces with wet cloths in order to breathe
at all, so dense was the smoke and so scorching the heat.
But few cartridges were left, and the guns were fired slowly; nor
could more cartridges be made, on account of the sparks falling in
every part of the works. A gun was fired every now and then only to
let the fleet and the people in the town know that the fort had not
been silenced. The cannoneers could not see to aim, much less where
the shot fell.
After the barracks were well on fire, the batteries directed upon
Fort Sumter increased their cannonading to a rapidity greater than
had been attained before. About this time, the shells and
ammunition in the upper service-magazines exploded, scattering the
tower and upper portions of the building in every direction. The
crash of the beams, the roar of the flames, the rapid explosion of the
shells, and the shower of fragments of the fort, with the blackness of
the smoke, made the scene indescribably terrific and grand. This
continued for several hours. Meanwhile the main gates were burned
down, the chassis of the barbette guns were burned away on the
gorge, and the upper portions of the towers had been demolished by
shells.
There was not a portion of the fort where a breath of air could be
obtained for hours, except through a wet cloth. The fire spread to the
men’s quarters, on the right hand and on the left, and endangered
the powder which had been taken out of the magazines. The men
went through the fire and covered the barrels with wet cloths, but the
danger of the fort’s blowing up became so imminent, that they were
obliged to heave the barrels out of the embrasures. While the powder
was being thrown overboard, all the guns of Moultrie, of the iron
floating battery, of the enfilade battery, and the Dahlgren battery,
worked with increased fury.
All but four barrels were thus disposed of, and those remaining
were wrapped in many thicknesses of wet woolen blankets. But three
cartridges were left, and these were in the guns. About this time the
flagstaff of Fort Sumter was shot down, some fifty feet from the
truck, this being the ninth time that it had been struck by a shot. A
man cried out, “The flag is down; it has been shot away!” In an
instant, Lieutenant Hall rushed forward and brought the flag away.
But the halyards were so inextricably tangled that it could not be
righted; it was, therefore, nailed to the staff, and planted upon the
ramparts, while batteries in every direction were playing upon them.
A few moments after, and a man was seen with a white flag tied to
his sword, who desired admission. He was admitted through an
embrasure. In a great flurry, he said he was General Wigfall, and that
he came from General Beauregard, and added that he had seen that
Sumter’s flag was down. Lieutenant Davis replied, “Oh, sir! but it is
up again.” The cannonading meanwhile continued. General Wigfall
asked that some one might hold his flag outside. Lieutenant Davis
replied, “No, sir! we don’t raise a white flag. If you want your
batteries to stop, you must stop them.” General Wigfall then held the
flag out of an embrasure. As soon as he had done this, Lieutenant
Davis directed a corporal to relieve him, as it was General Wigfall’s
flag.
Several shots struck immediately around him while he was holding
it out, when he started back, and putting the flag in Wigfall’s face,
said, “D——n it; I won’t hold that flag, for they don’t respect it. They
struck their colors, but we never did.” Wigfall replied, “They fired at
me three or four times, and I should think you ought to stand it
once.” Wigfall then placed the white flag on the outside of the
embrasure, and presented himself to Major Anderson, and said that
General Beauregard was desirous that blood should not be
unnecessarily shed, and also stated that he came from General
Beauregard, who desired to know if Major Anderson would evacuate
the fort, and that if he would do so he might choose his own terms.
After a moment’s hesitation Major Anderson replied that he would
go out on the same terms that he (Major Anderson) had mentioned
on the 11th. General Wigfall then said: “Very well; then it is
understood that you will evacuate. This is all I have to do. You
military men will arrange everything else on your own terms.” He
then departed, the white flag still waving where he had placed it, and
the stars and stripes streaming from the flagstaff which had become
the target of the rebels.
Shortly after his departure Major Lee, the Hon. Porcher Miles,
Senator Chesnut, and the Hon. Roger A. Pryor, the staff of General
Beauregard, approached the fort with a white flag, and said they had
come from General Beauregard, who had observed that the flag had
been down and raised again a few minutes afterward. The General
had sent over, desiring to know if he could render any assistance, as
he had observed the fort was on fire. (This was perhaps a delicate
mode of asking for a surrender.) Major Anderson, in reply, requested
them to thank General Beauregard for the offer, but it was too late, as
he had just agreed with General Beauregard for an evacuation. The
three persons comprising the deputation, looked at each other
blankly, and asked with whom? Major Anderson, observing that
there was something wrong, remarked that General Wigfall, who had
just left, had represented himself to be an aid to General Beauregard,
and that he had come over to make the proposition.
After some conversation among themselves, they said to Major
Anderson that Wigfall had not seen General Beauregard for two
days. Major Anderson replied that Wigfall’s offer and its acceptance
had placed him in a peculiar position. They then requested him to
place in writing what General Wigfall had said to him, and they
would lay it before General Beauregard.
Before this reached General Beauregard, he sent his Adjutant-
General and other members of his staff, including the Hon. Roger A.
Pryor and Governor Manning, proposing the same conditions which
Major Anderson had offered to go out upon, with the exception only
of not saluting the flag. Major Anderson said that he had already
informed General Beauregard that he was going out. They asked him
if he would not accept of the terms without the salute. Major
Anderson told them, No; but that it should be an open point.
General Beauregard sent down to say that the terms had been
accepted, and that he would send the Isabel or any other vessel at his
command to convey Major Anderson and the troops to any port in
the United States which he might elect.
No braver men ever lived than the defenders of Fort Sumter; but
the ardor and endurance of musician Hall of Company E was
remarked by every man in Sumter, and the company presented him
with a testimonial. He was at the firing of the first guns, and fought
on all day, and would not accept either of the three reliefs. He was up
at the first shot the next day, and worked without cessation till night.
His example and words of cheer had great effect. This is the more
worthy of remark as he belonged to the musicians, and was not
obliged to enter into the engagement at all.
Mr. Hart, a volunteer from New York, particularly distinguished
himself in trying to put out the flames in the quarters, with shells and
shot crashing around him. He was ordered away by Major Anderson,
but begged hard to be permitted to remain and continue his
exertions.
Never did famished men work more bravely than those who
defended that fortress, knowing, as they did, that if successfully
defended and held by them, there was not even a biscuit left to divide
among them. They never would have left it while a protecting wall
stood around them, had they been provided with provision and
ammunition. Every man was true and faithful to his post; hunger and
want of ammunition alone caused them to leave Fort Sumter. They
were exposed to a most terrible fire from all quarters, and it was only
by exercising the utmost care that the officers were enabled to
preserve the men from a terrible slaughter. Fort Sumter in itself was
hardly worth the holding; had there been the full fighting
complement of men within its walls, the fort would not have afforded
suitable protection for one-half of them. The enemy’s shot rained in
upon and about them like hail, and more men in Sumter would only
have made greater havoc. As it was, the garrison proved fortunate in
having escaped without the loss of one of those brave men who were
willing to die for the flag which waved over them.
The evacuation took place about 9½ o’clock on Sunday morning,
after the burial with military honors of private Daniel Hough, who
had been killed by the bursting of a gun. The men had been all the
morning preparing cartridges for the purpose of firing a salute of one
hundred guns. This done, the embarkation took place, the band
meanwhile playing Yankee Doodle.
 STORMING OF FORT SUMTER, VIEWED
FROM THE LAND.
A person who witnessed the bombardment of Fort Sumter from
the harbor, gives this graphic account:
The terrific firing reached an awful climax at ten o’clock at night.
The heavens were obscured by rain clouds, and it was as dark as
Erebus. The guns were heard distinctly, the wind blowing in shore.
Sometimes a shell would burst in mid-air, directly over Fort Sumter.
Nearly all night long the streets were thronged with people, full of
excitement and enthusiasm. The house-tops, the battery, the
wharves, the shipping,—in fact every available place was taken
possession of by the multitude.
The discharges of cannon gradually diminished as the sun rose. All
the clouds, which rendered the night so dark and dismal,
disappeared as day began to break, while the air became most
beautiful, balmy, and refreshing. The streets were filled again with
persons, male and female, old and young, white and black; some
went to the battery, some to the wharves, and some to the steeples of
the churches.
A few random shots were fired from the Confederate batteries, to
which Fort Sumter only replied occasionally. Soon it became evident
that Sumter was on fire, and all eyes were rivetted upon it. The dense
smoke that issued from it was seen gradually to rise from the
ramparts. Some supposed that this was merely a signal from Major
Anderson to call in the fleet to aid him.
At this time the fleet was in the offing quietly riding at anchor, and
could clearly be distinguished. Four vessels were ranged in line
directly over the bar, apparently blockading the port. Their long,
black hulls and smoke stacks proved them to be Federal steamers.
Every one anxiously waited to see what they would do. The suspense
was very exciting. On all sides could be heard,
“Will the vessels come in and engage the batteries? If they do not
they are cowardly poltroons.”
 Every person on the battery fully expected that the engagement
would become general. By the aid of glasses, it was believed that a
movement was being made to this end by two of the war ships, and it
was thought that the sand would soon begin to fly from the Morris
Island batteries.
At ten o’clock in the morning, attention was again rivetted on Fort
Sumter, which was now beyond a doubt on fire. The flames were
seen to burst from the roofs of the houses within its walls, and dense
columns of smoke shot quickly upward.
At this time Major Anderson scarcely fired a shot. The guns on the
ramparts of Fort Sumter had no utterance in them. Burst shells and
grape scattered like hail over the doomed fort, and drove the soldiers
under cover.
From the Iron Battery at Cummings Point a continuous fire was
kept up. Its rifled cannon played sad havoc with that portion of Fort
Sumter facing it. The firing from the Floating Battery and from Fort
Moultrie continued very regular and accurate. Standing on the
Charleston battery, and looking seaward, you have on the right a
mortar battery and Fort Johnson, distant from the city two and a half
miles. Half a mile from Fort Johnson is the Iron Battery of
Cummings Point, mounting three ten-inch columbiads, three sixty-
four-pounders, three mortars, and one rifled cannon. Cummings
Point is only fifteen hundred yards from Fort Sumter, and so any one
can imagine what havoc the regular fire of the Cummings Point
battery must have created.
The men working the guns made them terribly effective. The sand
redoubt was scarcely injured by the weak fire Major Anderson kept
up on the battery. It was commanded by Major Stevens, of the
Citadel Cadets. Under his direction each shell that was fired found a
destination within Fort Sumter, and during the entire bombardment
scarcely one missile of this character missed its mark.
On the other side of the harbor, directly opposite Fort Sumter, is
one of the strongest sides of Fort Moultrie. During the last three
months it has been strengthened by every appliance that military art
could suggest. Its marlons, moats, glaces, and embrasures are
perfectly protected. The weak walls of the fort were made perfectly
secure for the gunners while at work. From this point throughout the
engagement vast numbers of shot and heavy balls were discharged.
 Behind this, and near Sullivan’s Island, the Floating Battery was
stationed, with two sixty-four and two forty-two pounders. Its sides
of iron and palmetto logs were impenetrable. Every shot from it told
on Fort Sumter, and the men in charge of it were so secure in their
position, that some of them indulged in soldiers’ pastimes, while
others played five cent ante, euchre and bluff.
The Mortar Battery at Mount Pleasant was five hundred yards
from the Floating Battery, and was mounted with two mortars within
excellent range of Fort Sumter. The shells from this mortar were
thrown with great precision. You now have all the positions of the
works bearing directly on Fort Sumter.
All through Friday morning the greatest activity at all points was
displayed. Three times Major Anderson’s barracks were set on fire,
and twice he succeeded in putting out the flames, and to do this it
was necessary to employ all his force in passing along water. To get
water it was necessary for some of his men to go outside the walls,
and hand the buckets in through the port-holes, during all which
time they were exposed to a most terrific fire from the various
batteries.
This last expedient was not resorted to until the fort was on fire for
the third time, and the flames had increased to an alarming pitch.
Meantime, Major Anderson’s guns were silent. He allowed his men
to be exposed to the galling fire upon them but for a few moments,
and then ordered them in and shut the batteries as the smoke was
too thick to work them. At noon the flames burst from every quarter
of Fort Sumter, and its destruction appeared inevitable.
 NAVAL EXPEDITION FOR THE RELIEF OF
SUMTER.
The Government had sent a well-laden fleet to the relief of Fort
Sumter, a portion of which arrived in Charleston harbor time enough
to witness the bombardment of the fort, without the power to help its
heroic garrison.
This fleet left New York and Washington from the 6th to the 9th of
April. It consisted of the sloop-of-war, Pawnee, 10 guns, and 200
men; Pocahontas, 5 guns, 110 men; cutter Harriet Lane, 5 guns, 110
men; accompanied by the transport Baltic, and the steam-tugs
Yankee and Uncle Ben, with additional men and stores. Owing to
stormy weather, the vessels were unable to reach the Charleston
coast at the appointed time. The Pawnee, Harriet Lane, and the
Baltic arrived at the rendezvous on the morning of the 12th April, but
the Pocahontas did not join them until the next day. The steamtug
Yankee lost her smoke-stack in the storm which dispersed the fleet,
and did not reach the neighborhood of Charleston till after the
departure of her consorts, and eventually returned to New York.
Nothing was heard of the Uncle Ben until the 30th of April, when
intelligence was received that she had been captured by the
insurgents off the coast of North Carolina.
The orders of the expedition were, that unarmed boats should first
be sent to the fort with stores only; but if these were fired upon,
every effort was to be made to relieve the fort by stratagem or force.
The vessels of war and the Baltic proved of too heavy draft for any
hopes of passing the bar, and the steam-tugs which were to have
been sent in with supplies, failed to make their appearance. The
attack on the fort, before any measures of a peaceable character
could be adopted for its relief, left no alternative but force, to the
commandant of the fleet, if the object of his expedition was to be
accomplished. A consultation of officers was held at four o’clock on
the afternoon of the 12th, and the following plan was agreed upon:
the Pawnee and the Harriet Lane were to remain at anchor during
the night; at dawn, on the 13th, the Pawnee was to hoist out her
armed launches, and the Baltic was to put her boats alongside,
freighted with the provisions and troops designed for the fort. The
war vessels were then to tow the boats as far as possible on their
perilous journey, when they were to be cast off, and allowed to
pursue their course toward the fort, relying upon the guns of the
men-of-war, and what aid might be extended from Sumter, to protect
them from the batteries and flotilla of armed boats, which were in
readiness to dispute their advance. During the night the Baltic went
aground on Rattlesnake Shoals, and the plan agreed upon was, from
necessity, relinquished. The conflagration of the barracks of the fort
having precipitated its evacuation earlier than was anticipated, the
officers of the fleet abandoned other plans for its relief.
At two o’clock on the 14th of April, Major Anderson and the
garrison of Fort Sumter were received on board the Baltic, and the
fleet shortly after sailed for New York. The flag of the fort was borne
at the mast-head of the Baltic as she entered the bay of New York,
where it was saluted by guns from every fort in the harbor, and
hailed by the shouts of more than a hundred thousand people, who
lined the wharves of the city. It was also raised over the equestrian
statue of Washington in Union Square, in that city, when the great
Union meeting was held on the afternoon of Saturday, April 20.
 THE NATION’S RESPONSE.

The first gun that boomed against Fort Sumter struck the great
American Union with a shock that vibrated from the centre to its
outer verge. Every heart, true or false to the great Union, leaped to
the sound, either in patriotism or treason, on that momentous day.
The North and South recoiled from each other; the one in
amazement at the audacity of this first blow against the Union, the
other rushing blindly after a few leaders, who had left them little
choice of action, and no power of deliberation. The first news of the
attack took the Government at Washington almost by surprise.
President Lincoln and his Cabinet had not allowed themselves to
believe that a civil war could absolutely break out in the heart of a
country so blessed, so wealthy, and so accustomed to peace. True,
political strife had waged fearfully; sections had clamored against
sections, factions North had battled with factions South; but in a
country where free speech and a free press were a crowning glory, a
war of words and ideas could hardly have been expected to culminate
in one of the most terrible civil wars that will crimson the world’s
record.
The first boom of the cannon’s blackened lips—the first shot
hurled against the stars and stripes, aroused the Government from
its hopes of security. Scarcely had the telegraph wires ceased to
tremble under the startling news, before the Cabinet assembled in
President Lincoln’s council chamber, and when it broke up, a
proclamation, calling for seventy-five thousand troops, had been
decided upon, and Congress was to be convened on the Fourth of
July.
The startling news, this prompt action, and the defenceless state of
Washington, filled the country with wild excitement. It was known
that the South had been for months drilling troops; that large
portions of Virginia and Maryland were ready for revolt, and many
believed that bodies of men were organized and prepared for an
attack on the capital. Had this been true, had a considerable number
of men marched upon Washington any time within four days after
the news from Fort Sumter reached it, nothing could have saved it
from capture, and probably, destruction. With only a handful of
troops, and exposed at every point, no effectual resistance could have
been made. The news reached Washington on Sunday; the next day
such troops as could be mustered, appeared on parade. Pickets were
stationed outside the town; horses were galloped furiously from
point to point, and the first faint indication of this most awful civil
war dawned upon a people so used to peace, that its import could not
be wholly realized.
Smothered alarm prevailed in the city; a military guard was placed
each night in the White House, and great anxiety was felt for the
arrival of troops, which had been hastily summoned from the North.
That week the near friends of the President were under painful
apprehensions for his safety. It was known to a few persons that the
very gang of men who had planned his death at Baltimore, were in
the neighborhood of the capital, plotting against him there. It was
even known that a design existed by which a sudden descent of swift
riders was to be made on the White House, with the bold object of
killing Lincoln in his cabinet, or carrying him off by force into
Virginia. The night-guard in the Presidential mansion was but small,
and by day Lincoln had always been imprudently accessible.
The persons believed to be in this plot were brave, reckless men,
accustomed to adventures of every kind, and quite capable of
carrying out a programme of abduction or bloodshed under more
difficult circumstances than surrounded this enterprise. But men of
reckless action are seldom prudent in speech; the wild project was
too exciting for proper reticence. By a few incautious words, dropped
here and there, this treasonable design was fathomed; the friends of
President Lincoln warned, and the whole thing quietly defeated, for
the gang soon ascertained that their treason had been discovered,
and, as its success depended on a surprise of the President’s
household, the project was abandoned.
Meantime the news of Fort Sumter, and the call for troops, had
shot its lightning along every telegraph in the Union; the response
was an instantaneous uprising of the people, such as no country on
earth ever witnessed before.
The great majesty of the Union had been insulted and set at
defiance, and as one man, thousands upon thousands rushed around
the worshipped banner of their country, firm in their patriotism, and
terrible in their determination that it should never be trailed in the
dust, or torn with hostile shot, unavenged.
The proclamation of President Lincoln calling for volunteers, was
answered by the voices of freemen from every hill-top and valley, and
almost fabulous numbers stood ready and anxious to devote
themselves to the vindication of the national honor. Wild indeed was
the enthusiasm that ran from heart to heart, linking the great west
and the east together. But one sentiment found expression from any
lip among the excited populace, and that sentiment was, the Union
should be sustained at all hazards. Wealth, life, everything must be
counted as dust till the Union had redeemed itself. Who in New York
does not remember how the city was ablaze with flags and tri-colored
bunting on the memorable day, when, “the Seventh regiment,”
responded to the call? Never did a finer or braver body of young men
pass down Broadway. Although their arms were not now corded or
hands hardened by labor, their prompt action was a living proof that
gentle breeding can be associated with hearts of oak, with stern
determination, coolness and discretion. Leaping to their arms at the
first note of danger, impatient of delay and thrilling with the hope of
weaving in their peace-won wreaths laurels earned by hard fighting,
this regiment marched from its armory, the very first of the Empire
State to obey the call to arms. Their object was war. They hoped
ardently that it was no light duty which might fall upon them. They
expected to meet hard work and hard fighting too before the capital
was reached, for danger menaced them on all sides. Baltimore had
risen in revolt even while they were arming for the march and they
fully depended on fighting their way through its turbulent streets.
On the 19th of April, at the very time revolt broke out in Baltimore,
a very different scene was going on in New York.
Amidst unparalleled enthusiasm the volunteer soldiers of New
England and New York struck hands on their march to the rescue of
the national capital. And beautiful the streets looked, with bannered
parapets, peopled roofs, windows thronged with sympathetic beauty,
and sidewalks densely packed with multitudes of excited and
applauding citizens.
But it required only a single glance at the faces of this great
multitude to become convinced that no mere gala or festive purpose
had called out this magnificent demonstration. In every eye burned
the unquenchable fire of patriotic ardor, and in every heart was the
aspiration to join in defence of one common country. Old men, who
must have seen the earlier struggles of our history, came forth to
bless the young soldiers on their march to take share in a grander
and more noble struggle than any the American continent had yet
witnessed.
Mothers, with tears of joyous pride half blinding them, helped to
buckle on the accoutrements of their sons, and kissed them as they
went forth to battle. Sisters and sweethearts, fathers and wives,
friends and relatives, all were represented, and had their individual
characteristics in the immense concourse of life which held
possession of Broadway.
Perhaps if there could have risen from the dead one of the old
Girondists, after being bloodily put away to repose during the great
French Revolution, and if he had been dropped down in New York,—
by allowing a little for advance in costumes and architecture, he
might have seen many curious points of resemblance between the
scenes and those of seventy years ago in Paris. Then the inspiration
of liberty ran through the people, and the most powerful aristocracy
of Europe was destroyed. The result of the struggle which broke out
in New York, and in the streets of Baltimore, in one day, time has yet
to reveal.
The children of New York, the Seventh regiment, the pets and
pride of her society, were going forth to their first war duty. Eight
hundred chosen young men, with threads woven to hold them,
wherever they went, to the million hearts they left behind—moved
down Broadway and started for the capital.
Eight hundred young citizens, each with musket and knapsack,
borne along calmly and impassively on a tide of vocal patriotism,
making the air resonant with shouts and warm with the breath of
prayer.
 With that regiment went young Winthrop, on that memorable day,
who afterwards passed from the literary fame he had so richly
earned, to military glory at the battle of Big Bethel. There also was
O’Brien, one of the most promising poets of the age, doomed like
Winthrop to reap bloody laurels, and fill a soldier’s grave. Let no one
say that the Empire State was not nobly represented in these young
soldiers. Gentlemen as they were, one and all, no man was heard to
complain of hard work, soldiers’ fare, or no fare at all, as sometimes
happened to them. How cheerful they were in the cedar groves for
two days and nights—how they endured the hardships of a bivouac
on soft earth—how they digged manfully in the trenches. With what
supreme artistic finish their work was achieved—how they cleared
the brushwood from the glacis—how they blistered their hands and
then hardened them with toil—how they chafed at being obliged to
evade Baltimore, and how faithfully they guarded Washington and
achieved the object for which they were sent, will be best given in a
description of the march from Annapolis of which O’Brien has left a
brilliant record.
Nor were their services in protecting the capital all that the
Seventh regiment of New York has given to its country. Many a
regiment which has since won lasting fame on the battle-field has
been officered to some extent from its ranks.
Two days after the departure of the Seventh regiment, the Seventy-
first, since renowned for its bravery at Bull Run, the Sixth, and
Twelfth, all city regiments of New York, took the same glorious track,
and were hailed with like enthusiasm. In military drill and social
position, some of these regiments were not inferior to the Seventh,
and their departure was witnessed by a concourse of people equal to
that which filled the streets on the 19th.
It was with pride that a city saw her first quota of soldiers
departing en route for Washington, to take the Empire share with the
troops of other loyal states in the contest now inaugurated. The
spectacle, instead of being a great pageant, had all the grandeur and
solemnity of a step in one of those crises of events which involve
individual and national life—engraving new names and new
dynasties upon the tablets of history.
As if to make the departure of these troops more memorable, a
large American flag, forty feet long by twenty wide, was flung out