Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-09-02

with rights depend for their production or supply mme
4 diately remotely human labour) all things
wLch nature has furnished in such abundance, and with
such constancy and certainty TO leave no room to
doubt that there will always be sufficient supply; SUCH
for example, air, light ard in this country, water:
all such things not the objects OF rights and ap.
ply to then, this term leads confusion of IDEAS The
term ought TO be restricted TO those good things of which
the supply is limited, and for the production of which
The Intervention OF human foresight and abour in
shape other is necessary.
The source of right is tue Will of the Community
Every one desires to possess as many good things as Pos'
sbie the strong if left TO themselves, would take every
thihg from the weak hence it is necessary that the
weak should combine for mutual protection. The OBJ
lcct, then, of this combinations that is, the object Of
the social union, mutual protection. But what IS
10 De ff0tcctrd IL Ia Obvious, that the this
union takes place, there arises absolute necessity os
determining what share of the things be divided shall
he possessed BY each This allotment, when fixed by
The community, by that part OF il which cy cises tho
powers OF the whole, constitutes right and before that
allotment the right did exist. 1t is obvious that
thc standard by which the allotment ought made
That is the distribution which benevoence requires is
that winch secures the greatest good of the greatest
number The end of government then, is the protecs
ion OF rights But rights to be protected be as
certaned: hence the necessity of clear and precise
definition Of rights and of general declaration of them
Rights are liable to be violated the acts by which rights
are violated is the end of government to bu.
That prevention IS impossible unless the known:
whence there the necessity for the accurate de-
fnltion OF every act which constitutes the violation of
right, that IS OF offence. The definition of rights
constitute what is called the Civil Code: the definition
OF offences constitutes the Penal Code. 1t is obvious
refore, at these two parts Of law have the closest
possible relation to each other; the Penal law being in
fact, only an assembage of the expedcnts adopted bv
Che government TO the civil law be respected
10th ought of course, 20 be framed with reference 10
each other TO form an uniform and consistent whole;
united by and founded upon common PRINCIPLES
luminous End beautiful example of the Completeness
with which this might be accomplished is afforded by
Mr. MILL in his Tract Jurisprudence. To say thai
it cannot in practice be reduced form thus sccnti
nc, is to affirm that Jurisprudence is science for
! II consists OF collection of principles. 1t is then
clearly impossible 10 form accurate Penal Code
without previously forming accurate Civil Code.
As soon as lie began his task this difficulty arising from
the want of full and precise difinon of rights was
evidently Geit by MIR. livingston. 4 Penal Code
framed without reference 10 Civil Code be at
tended with two evils; it must contain imperfect de-
caraton of rights and it must be defective arrange
men Both these defects attach TO the code projected
by Mr.. Livingston. The arrangements as far as il is
possible TO Judge from The be Report before u.s. not
strictly scientific the principles however, which are
! recognised by ii, and upon which II is founded are us
and enlightened and il chiefly with view of direct
ing The attention of the British public of these
that we proceed TO give account Of this nercstiur
and valuable document.
We cannot but think with the individual TO whom we
are Indebted for the republication of in England that
there are persons in this country who will be anxious 10
know how of our institutions are viewed and how
when full liberty is allowed to change them they are
modified By enlightened legislator who is uniulueu
cad by our prcjudces and uniecrcd by our customs
| Wcpcrecty concur in the opinion of the former and
tervenliy JOIN IN his prayer. Anerca owes much 10
England. May she prove herself worthy of the boon,
by continuing to extend and perfect the noble iustitu
tons she has received from this SOURCE and may she paw
back the benefit by exciting her beneacress emu
late her cxsmp!e!n
This Code is divided into six books each book into
chapters and sections; the whole composed of articles
! numbered throughout each book The first book con
aius definitions, explaining the III which certain
words and phrases used in the book and directs s
mooe in which the code TO be promulgated and tauclt.
The second book contains general dispositions relating,
To the exercise of legislative power and jurispru-
dence; 10 prosecutions and trials; g. To the persons
who amenabe to the provisions of the code and of
the circumstances under which acts that would other
wise be offences may be justified cxcused d. To the
repetition Of offences; s. To different persons parci-
paiins in tie same offences principals accomplices
and accessories The third book defines offences and
designates their punishment The fourth book csta-
fishes system OF procedure. The fifth book contains
rules Of evidence. The sixth book relates TO the estab
ishmen Of peuitenary, ai TO the regulations lis
government
The second book commences with statement of lie
reasons which have called for the enactment of criIn
nal code and sanctions by solemn legislative dcclaa
ton, the principles which lis several provisions are
founded. II is stated that the great principles which
the Coft founded thoroughly studied and ui-
dersOod, will standard measure the propr.
ETY. of every other part Of the Code, will render the
task OF penal Legislation comparatively easy, and ena-
BILE the mind to determine, by single thought whether
any proposed provision is cOnsonant to those naxus
which have been adopted the dictates Of rutk that
thus the ipcoDgruiies which have hitherto peTyadcd n
criminal code will disappear that every new enactment
of laws, and that penal legislation will longer be a
piece Of frework, exhibiting The passions of its sevo
raj authors their fears their csprices or the careless
and naltenon with which legislators, in all ages
and in every country, have endangered the lives the IL
beIiies and fortunes Of the people, by inconsistent pre-
Visions cruel OF disproportioned punhnents and le
gislaton weak and wavering, because guided by NO
principle, or by that continually changing and
therefore could seldom be right IL lis further stated
that this division OF The Code is deemed TO he Of the
highest Importance, all the other parts deriving eir
- 81 -
+ whole work. that if we'll laid the supersructure raised
in conformity to it cannot be csseaaly faulty and tina
it is the result Of much reflection, guided by an anxiety
to discover the truth and to express 1t with precision
. The principles stated as folow:--
81 I. Thar VENGEANCE IS UNKNOWN TO THE rAw-.
That the only object of punishment being to prevent tie
commission Of offences 1T should be caculatcl ope-
l. rate: the delinquent by seclusiO1 to deprvn
him Of the present means, and by habits Of industry and
Temperance Of any future desire repeat the offence;
% the rest of the community 70 deter them by
n