The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-01-14
GNQUIRER-oEEIcE. ian. II.
COMMUNICATIONS.
CRIMINAL JUSTICE.

Gus than its Scverty--A sliGhs degree Of
pam has been found 10 answer the pirpose
az the Legislator, or the communication of i'm
priSonment fer corporal suilrrinss, If il is
made negotiable /; whilst the fear or distant
or uncertain evils, however great, have had
little or no effect in the prevention OF crimes
"A conviction ot this truth produced in the
year 1880 the saiutary reformation OF our
penal code, so grateful to humanity :;
which was based on the principle of mil
DEF; punshment's being as eEectual as one
more severe; because it was expected OF
consequence. that Witnesses would be more
ready TO testify, juries less INV illing TO con-
denim. punishment mere certain & there
fore more dreaded 1t was not apprchen-
ded by the Legislature which devised that
admirable system of criminal jurispru-
dence, and bestowed upon it so much time &
attention, that thereafter, a trivial Circum-
stance, always within Legislative controul,
wonld be permitted to inroad on it's pruvi-
sions. impair it's benefits and finally de-
feat its objects. In the countless vicissitudes
at human affairs, aud amidst the rnutabie
and eyer huctuatng opinions of men, it never
occurred to them that their system might
be overturned, their iabors lost, their anti
cipations disappointed. the punishm cnt they
cuntrNed become more uncertain than be
fore, and considerable portions of the state
be lett without criminal law, liz state Quoad
hoe OF the most unreStrained freedom and
hcentiouSness, for the want of prosecutors
for the Commemorative want not produc-
ed by a detection of legal taients--but-ri-
sam tc1seat;s .f;Hici, ''-because the great
State of Virginia could afford to pay them
but dollars pr. diem for their services
ct this is the stubborn fact which NAV be
proved al tie bar of the house is well known
to many of the members. and must meet the
attention of this and every Legislature, until
the crying evil is redressed.
In the. Williamsburg Circuit it was made
known to the Legislature at their last ses-
sion, by Judge Nelson's Letter TO the Exc
cutive. Within that Circuit the writer wit
messed trial for grand Larceny, where
there was no prosecutor, unless as our law
seems TO amply the Judge is to be considered
m that light. For that case indeed, an in
dictmcnt had been prepared by the gentle
man resigning the Office of prosecutor, but
III other cases within the same circuit and
in other circuits the Commonwealth has not
been so tortunate-ln the Northern Neck
Circuit he has known several criminals dis
charged for want of prosecution. This was
the case last Spring in the county of West
moreland-last fall in that of Richmond,
and, during the same Circuit a man sent w
TO the Superior Court of Northumberland
IL,
was there bailed until the next term, and
will then underline present law be inevitably
discharged. In that circuit it is believed
there has been no prosecutor in the four low
er counties except III Richmond during a
short period, Tor several years. Gentlemen
there and elsewhere were willing at first
to act Ill that capacity 7oithOut fee or re-
Spard, relying on the liberaiity and Justice
OF subsequent Legislature, but now they
have altogether refused, tho at the earnest
and rehealed solicitations Of the Judge, E.
ven to draw an indictment.
The same evil exists in other circuits
Its effects were sufficiently and strikingly
displayed in the case of Myers known to
the last Legislature, and since then it seems
that gentleman of the bar was specially
engaged by the Executive and sent from
Richmond to Norfolk to prosecute criminals
who would otherwise have been discharged
he consequences are obvious -
Offenders losing all fear of the certainty
OF punishment or rather knowing their abil-
ity to engage in their defence for smaL
sum, every gentleman of the bar before
which they are to be arraigned, will become
daring and desperate and utterly regardless:
OF the penalties Of the law. And if, as ha.
of late frequently happened, they are once
discharged for the 7oant offirosecntion, i
will invite them to a repetition and Others
| to the commission of similar or more atroci
cious offences. Hitherto they have beer
somewhat doubtful of the disposition of the
bar--but now that in some districts it ha
decided, and this decision manifested by tbc
unequivocal fact Of discharge for tie ivan
| Of prosecutor, they will no longer be unde,
| any other than moral restraint. How veal
and Intellectual safeguard against violenc,
| that is, unaided by the powerful arm and
gorson terrors" of the law, the History o.
every society fully eyinces!!
| Ehis false economy therefore on the part
| OF the Legislature, operates as a temptation
TO crime; q to restrain it they Will eyentu
ally be obliged to do, what they ought, a
first tohave done; or they must sanction
and approve the practice which the Exc.
cutiye cannot but adopt, of employing spc
| cial agents at a very great eXpcnce, t.
| attend as prosecutors at the different
| terms where criminals arc to be tried.
| Whether this viii be sound policy or true
oeconomy, leave to the Consideration o
the Legislature. Let them enquire how
much one mission costs the state, and the,
may with tolcrabIe accuracy Compute The
! cost of al others that may from time to time
be required.
f, What would be 9 reasonable allowance {,
prose cutors--what it would cOmport viii
! the dignity OF the state to offer--or with the
interest o: gua!ifed individuals 20 accep;-
| whether tho salary should be fixed or Hue
tuatiug, DO not pretend e determine. But
! that the present price OF prosecution is toe
/ IOw-Was unbeCrmiuw VIRGINIA To- ol,.r-