Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-10-13
FROM TIE xA1IonAL OBSERVATION-DISCLOSURES.
To he LegtsSatarcs efme Re4tcctivc Statss.
LETTER FIFTH.

Z TTD?6S.
1t viii not occasion much SURPRISE TO a
mind well stored with the fAcls OF history,
| that the csiMinai codes of Europe are UNI
just Ia principle, aud Imperfect in ope-
ration. Huvlng originated IN periods of
| but little knov ledge, and in conditions of
society not very dissinildr iro.ii ihc sa~
wage state, they appear 10 have been ge-
morally the offspring of sentiments alloge-
Their repuSnant 10 those which ought 10
characterize well organised republican
government. The leading motive Of sa-
wage life is revenge !; and in proportion
as societies approach this state they APP
pear TO be actGated by kindred passion.
From its nature il ufagniheS the uvpi;uds
Oh offences, IL overiooils ali Discrimination
arising from degrees OF guilt, and hurri-
ed OH by infatuated feeling, delights in
Sanguinary eXpialon,--Whe tie laws
are Nil defined, and legal restraints but I'M
periect, the temptation 10 violate the rights
OF others, gathering strength from the
hope of irnpunity, leaves, perhaps, no o.
Their eHeciual remedy than Inc IerIOrs of
sanguin;uy code.
II was under the influence CT such cir
cumstances the English nation establish
ed her code of criminal laws. Soon pass
ing, however, from day6 ages to greaE
commercial import lance, the system un-
derwent a radical change with chaugs
OF circumstances. The passion for gam
becoming Ascendant over al Others, and
as it we're absorbing he hears OF ali class
es, property became more AN object of
cupidity, and Efforts were multiplied 10
~ l.. D..
tiou!ar hands At o2ce impoverished large
class oil the community, and oiirred them
o5Jects seductive of their integrity. The
oppression Of The gre.t, powerfully aided
by unjust monopolies established by GO
Nernment, By producing too general an
impression that the rich had uCfairiy &C
CURED their possessions, llosened the
sanctions BY which obey were held and
he who violat~r. them. became mere care
iui To avoid exposure. Khan repognant 20
the preparation Of crimes. In such 4
state of things, listening more to Tie ,ug-
gesuoos of passion th n reason, legal
crimes were multiplied; inv0sions Of pro-
pery were punished with he same severi-
~ with murder: and in The iEn!ction Of
punishments the gradaIlons Of vice were
lost sight of.
Such is The system which it fell to our
lot 10 receive; aud which, with 100 little
variation, yet remains in many Of ths
states.
Some OF our best citizens have, from
time 10 time, awakened the attention OF
Legislators to this subj e6l; but it must be
acknowledged that II has not yet received
that deliberate and enlarged considerable
on to Which it is eminently entitled.
Let it not be SAID the subjecl is unim.
poriant. Superficial must be the under,
standing that treats it as suCh.
The moral revolution, effected by the
United States, is not TO be considered as
composed of shreds and patches, hetetoge-
neous as the materials of chaos. Ii rests
on few great principles which require "
niver al application. In vain are princi-
pies embraced in theory, without being
a case possess the form, but the substance
Of happiness will be wanting.
One of these principles is to promote in
The highest practical degree, The happi-
ness Of the whole community. This can
only be cfecled u; doing justice 10 all
men. Any system oflaws which devia,es
rom this principle, VIII of necessity pro-
duce two effects injustice TO particular
individuals directly Affected: and ia Jury
to the whole society, from the legal esta-
blishment of incorrect principle. irLas
ever been question which affects each
other The most government or morals
and the question remaining unso.vcd may
be considered 40 to,e,ablc proof Il - e.
quail Influence Of each. How iu.pcrtaet,
then, does ii become for governments in
laying down rules fer The REPRESSION #
vice To adhere themselves To- principles
founded in justice Uudsr the influence
Of UNJUST priuc pies sc have sccn states
OF society IN which murder sud thci, have
been veuai of4eroes. 1t nothing is more
true, as applicable 10 Individuals, ,E4p that
The least departure from r,cittdl &c COM
duct IS apt to be followed by aherations
still wider aud wider; how much lfca,er
is The danger thai, under tEy fatal iuru-
enCe al governments welding tie whole
physical torce OF Communities, small
departure from prime pie will De made the
basis en- which still grea ca G-rorures viii