Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-08-19
LAW CODES.

1t will perhaps constitute Napolcon's most
certain title TO the remembrance aud gratitude
Of postrrity, that amidst the din of arms, and
schemes of ambition and conquest, he found
tim, To direct and even To assist personally in
the compilation of the famous code of aNs
which now hears his name. The Code Ma
poron effected reform in the laws and inris
prudence of France, as great as that which
the revolution effected in the moral and polit
cal condition of lis inhabitants. BY strictly
defining crimes, and apportioninS to them IA
settled aud specific punishment, If t"'.k from
the courts that arbitrary sway which, when
proceeding upon unwrtten laws, and in virtue
of iradionary customs, 10 be eXPOuEtpd and
applied, according To the discretion OF the
judges, too often disgraced their proceedings.
The benefits drrl, ed to France from thai,
code; and the Inconvenience which, from "A
mixed Jurisprudence, compounded, as ii is, of
English, French, Spanish s. American laws g.
customs, the inha bitants of Louisiana are suffer
In., have together induced them 10 attempt The
formation aud establishment of a PcIiHl Code
and they have, as is we'll hnotrts, Sl.lscl.sl as
its compiler Edward Livingston, Esq. There
are few men To whom a task so delicate, and
requiring sO many and such various acquire
meuts for its successful performance, could
have been committed with so much proprety {:
subject must have been graiifird To observe
how Zealousiy, as we'll as ably, he had entered
upon it. We have now lying before US Mr.
LivinGstOn's second publication, under the
title OF " Extracts from the projected Penal
Code, treating of offences which affect Writ
ten contracts, &c. &c. To which is prelXrd an
extract from preliminary discourse, indicat-
ing the changes that have been made, and the
reason thereof, and accompanied by the fol.
lowing circular, which we publish entire, in the
hope that those who understand and can ,iu-
cidatr the subjects treated al, much better
than we do, or can, will thereby have their
interest awakened to them.
NEW ORLEANS, june 81.
Str-The Extracts from the pro lrCted Pc
nal Code, herewith delivered TO YOU, were
made in order To present, at one view, the
hearing of It's different parts, IN u single class
of offences aud thus enable you to Judge more
readily of It's effect. This could not be done
by the publication of any one of the Chapters
separately. Some time must elapse before
the whole work can be published, and until
II appears, none bat an imperfect Judgment
could have been formed of the connection of
the parts, without some measure Gf the kind
now adopted. have selected for the purpose
a title of much Importance in criminal juris
prudence, and have exhibited the text of the
law respecting It; the definitions nfterms us
ed In the text the regulations of practice pc
culiar to this offence, aud some rules of evi
dence solely applicable to it.
"a discourse will he prefxed to each grca,
division of the Code, when it shall be- present
ed to the Legislature for tbit consideration
have extracted from one of them, such parts
as relate 10 the present title, in order to ctu
cidate the subject and explain the reason for
changes that have been proposed. This is a
fair speclmen OF the whole code, with this diff
ference, that there, the text, the definitions
The rules OF proceeding, and Of evidence, are
found ~ the correspondent division Of the
WORK : while here they are brought together.
1t will occur is you, Sir, that only that part of
the code at procedure, and Of the rules Of r,I-
dcnce, anu of the book Of drfiDitnns, which
relate to the particular offence could br given.
m specimen of this kind and that therefore
this viii NOT enable you 10 form true judg-
mcnt ofthose parts of tte work.
My object in making This communication
IS to request that you will examine the several
articles now submitted to you, with close at
Ien'ion that you wilI at as early period as
possible, point ont such Of the many errors |
must have committed, as you may discover ;
hhd suggest such alterations and improve
menis az may occur 30 yuu. | wish YOU par
ilculariy To test my drli0ton of the offence of
forgery, by an inquiry whether it includes any
act that ought not TO be punished, or does not
provide for all that ought to be included.
Should any such case Occur 10 you, be pleas
ed to state it, that | may modify the drfni
lion, so rs 10 embrace or exclude It,
The great importance OF the work, a con
seriousness ofihe want ofability to bring it To
perfection, and the desire 10 avail myself of
every suggestion that may enable me to pre-
sent 1t to the Legislature in the least objection
able form, induce me to hope that you viii de-
vote some part of your leisure to ii compliance
with my request. am very respectfully, your
most Obedient servant,
EDWARD LIVINGSTON"