The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1823-12-02

y
tcrnal beauties and bounties " forever search
ing and buryin himself ID the bowels nj the
eartl.
In the year 1870, an act passed che Legislature
Of Louisiana, which, after adverting il The pre-
amble 10 the primary importance Of judicious
criminal laws 20 every well regulated State,
and the effectiveness Of those already existing
there, proceeds to declare that person Should he
chosen by the legislature to prepare and report
10 them the project Of a suitable penal code for
Louisiana. This honorable task was assigned
TO Mr.. Edward Livingston, Member Of the
House Of Representatives from the Parish of
Plaquemines,-" jurist, (remarks The North
American Review whose personal qualities are
an adequate pledge and guarantee Of the excel
lence Of whatever comes from beneath his
hand" Mr. Livingstons Report to the Legisla-
ture is reviewed in the last numbsr OF the North
American. We select the following remarks OF
the Reviewer, and extracts from tile Report,
presuming they win be interesting to most OF our
readers.
Mr.. Livingston proposes, among other small
Ter changes, four principal devIati0ns from the
crimes designated By the common law, ali
which deViations are defended with great elO.
queuce, and with cogency Of reasoning
which il is certainly difficult TO withstand
The first Of them is modification Of the law
respecting completely. Our juridical read
ers will recollect that, by the common law,
any person, who, knowing felony to have
been committed, receives, relieves, comforts,
or assists the felon," is styled an accessory af-
ter the fact, and 10 most cases subjected toI
the same punishment d the principal offend.
er.* By the provisions Of the new code Of
Louisiana, such an act is to cease TO be Grim
inal in relations Of the principal ia the ascend
ing or descending line, or IA The collateral,
as far as the first degree, or in persons united
10 him by marriage, or owing him obedience
as servant.
g Our law now calls for the punishment OF
acts, which, if not strictly virtues, are GER
tainly too nearly allied to them to be desig-
mated as crimes. The ferocious legislation,
which first enacted this law, demands, and
sometimes under The penalty Of the most cru
ell death, the sacrifice Of all the feelings of
nature. of all the sentiments Of humanity !;
breaks the ties Of gratitude and honor makes
obedience 10 the law 10 consist in a derelicti0n
Of every principle that gives dignity 10 man !;
and leaves the unfortunate wretch, who has
himself been guilty Of no offence, 10 decide
between life ofinfamy and self-reprosch, or
4 death of dishenor. Dreadful as this picture
lis. the original is found 10 the law Of accessO-
ries after the fact IF the father commit trea-
son. the son must abandon or deliver hlR 70
to the executioneT. If the son be guilty OF a
crime, the stern dictates of our law require
that his parent, that the very mother who
bore him, that his sisters and brothers, the
lcompauions of his infancy,-should expei ma
ture from their hearts and humanity from
their feelings that they should barBarnusiy
discover bis etreat or with inhuman apathy
abandon him 70 his fate. The husband IS even
required to betray his wife, the mother Of bis
lchildren every tie Of nature or affection Is
tn Be broken. aud men are required ID be
/ faithless, treacherous, unnatural, and cruei,
IN order to prove that they are good citizens
and worthy members Of soCIety.n Report
pP- 90, 81.
\ Perhaps tue common law goes too far in
making il criminal 70 afford ths least aid or
shelter to ielon, although il would evidently
lbe difficult to draw tie line between those
acts which tend, in a greater or less degree,
4 to obstruct the course Of justice bat we
doubt whether Mr. Liyingston's amendment
would be found safe ID operation. IL the per-
sons particulaTized in the code have right 20
exercise ali their ingenuity, nay, to have re-
course to violence itself, to enable their kins-
man to elude the pursuit Of justice, fel0ns
might easily ser the laws at defiance. We
do not say that the laws ought to so the length
of asking a parent 70 abandon his CHILD, or q
husband bis wife. much less 10 assist It'd Their
apprehension; il NAV be wroBg 70 look, IN eT-
.erv father, for the stern justice OF Junlus
Brutus. But we should hesitate in granting
men protection and indemnify, while they
+ were rescuing the guilty from that punish
ment. which the good Of society required
4 they should suffer Besides, Mr.. Livingston
confines the privilege of certain specified re-
Iati0ns, leaving cases Of other y ties OF graft
Itude or friendship" to the consideration IF
the pardoning power" Now il j. clear that
\ the principle, On which Mr.. Livingston would
excuse persons in the cases referred to--thai
, Il IS unjust TO demand Of men 10 do what is IN
compatible with the natural feelings q hn.
, manity,-appiies with equal force ~ many
+ relations, for which he does not and cannot
provide. How often are 4" the ties Of grain
tuie or friendship stronger than those q
|. birth Ind yet he. who should yield 70 Ga
. dictates Of nature for tie prpteCiIn8 al A.
r freud or bencfactor, must still Be subjected Z,
suffer as an accessory
l