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


when they may be sufficiently rcdressed by private suit
Ivy That because from the imperfection OF all hu-
man institutions and the inevitable errors OF those who
inanage them, happens, that the innocent are some
times condemned to suffer the punishment due TO the
guilty. therefore punshnents should be OF such ma
turc that they be rcmitted land as far possible
compensatory in cases where the injustice OF the SEN
fence becomes apparently That where guilt is
ceraiucd the punishment should be inflicted speedily
VI That penal laws should be written in plain language,
clearly and unequvoca expressed, in order that they
may be neither misunderstood perverted that they
shoulI be 50 concise TO be remembered with ease
and all technical phrases words they contain should
be clearly defined; they should be promulgated such
a 10 force know ledge of their provisions
upon the peoples 10 this end they should only be pub
lshed but taught in the schools, and publicly read
stated occasiousVll That since the law should
command more than can enforce whenever from pub
tic opinion or from any other cause, penal law
be carried into execution, il should be rcpealed-VIII
That the accused in all cases should be entitled to a
public trial conducted 10y known rules before impartial
Judges and unbiased jury; 10 a copy Of the act Of
accusation against him. TO tic delay necessary 10 pre-
for his trial. process enforce the attendance
s own witnesses and TO opportunity of seeing, hear
ing and examining those who produced against him;
to the assistance Of counsel for his defence; free
communication TO such COUNSEL If in confinement; and
TO be baied IN all cases except those particular spec
ed by law No presumption of guilt, however violent,
can Justify the niicton of any punishment before
ricton, OF any bodily restraint greater than is ne
cessary TO prevent escape, and the nature and
this restraint should be determined by aw-IN. That
perfect liberty should be secured of hearing and pub
hshng the proceedings of criminal courts and
rant whatsoever should be imposed on the free discus
sion Of the official conduct of the Judges and other
istcrs OF Justice in this branch OF gov ernment-X That
such system of procedure in criminal should be
established as to be understood without long study that
1t should neither suffer the guilty escape by formal
objections, involve the innocent in difficulties by
errors in pleading that for this purpose amendment
should be permitted in all where neither the
sed nor the public prosecutor be surprised-Xl.
That those pcna! laws counteract their effect,
which through mistaken lenity give greater comforts
to convict than those which he would probably have
enjoyed while ut libertyXll Thet the power of par
donng should DC only exercised of innocence
discovered, OF certain and uncquvocal reformation
-Nlll. That provision slUHld be made for preventing
the execution of intended offences wherever the design
20 commit them sufficiently apparent. -XlV. That
religion source of happiness here and the ounda-
ton of hopes Of hereafter but its observance can
never, without the worst oppression form the subject Of
penal code; that all modes of belief and all forms of
worship equal in the eye of the law that when they
interfere with pablo private rights, all emit
tied 10 equal projections that whatever may be the
jorty OF the professors Of religion sect the
state Is persecution 10 enforce any one 10 conform
TO ceremonies 10 observe festival day ap-
Pro?Fiaed to worship by the members of particular
religious pcrsuas!on that the, however, does not
clude general law establishing civil cstiy ais or cessa
tons from iabour for civil purposes connected with
lgIous worship, or the appointment OF particular days
on which citizens of all pcrsuasions should jon each
according To its own rites in rendering thanks TO God
any public caiatnity.-XN. That the innocent should
never be made 10 participate iii the punishment inct-
ci on the guilty therefore such effects should follow
conviction, 10 prevent the heir from claiming an in
teritancc through from the person convicted, and
that still less should the feelings of nature be cony ertcd
into Instruments oftorturc by dcnounclng punishment
against the children, 10 secure the good conduct of tic
Ilrent-AF. That laws attended 10 suppress tempo
rary evil should he limited TO the probable time of its
DURATION carefully repealed after the for
acting them has ceased.
Such are the principles upon Which this Code is es
tablshed The foundation upon which the whole su-
pcrsucturc rests IS the maXIn that punishment is
rndctiyc that vengeance ought TO be unknown TO the
law. 1t Is highly gratifying find that this maxim,
which few enlightened philosophers have long and
earnestly cndcaVourcd 10 impress upon the minds
men, length be reluced practice and tina in
part Of the earth at least, it is be made as II
ought TO be, the foundation upon which the whole super
structure Of punishment is erected II is in fact of
the utmost consequence, that this principle should be
received rs axiom. There in this country men
of Intelligence and nour. who hesitate admit lis
truih III whose minds there appears to be something of
the theological notion Of crime As far is possible
10 make out their meaning, they seem TO think that
there is intrinsic dcmcri. in crime some inherent
mal5nity something of primitive and abstract evi SO
that deserves punishment for something else besides
It's actual production of bad consequences lis cnden-
6 to promote those consequences. What Is that some
thing else? The notion considering is by no
means speculative opinion il is practical in the
highest degree; ii is entertained by mind which
does not influence in the whole view takes Of offences
and of their remedies. We therefore earnestly solicit
the Al tnon of the reader TO this point Ii seems 10 s
that ne doctrine already laid down respecting the ma
tnrc and object of Jurisprudence settles the question:
The great, the only en-! of the science of Jurisprudence
is The protection Of rights. Rights constituted bv
the declarations Of the RgisIature certain acts violate
tho rights these acts crimes. What is IT that
Constitutes them crimes, In what does tue essence OF
their c'minahly consist: In thc violation of some
r"9'. What is it in any thing which leads 20 tie esab.
Ii ruent Of it Il right? lis tendency produce hap
pinrrs Fha it il any thing which leads to the Sc
lccton IT as object of punishment LIS tendency
produce unhdppincss In ths then consists the evil
OF criminal action. Take away the tendency of
thing 10 produce unhaPpneSs and you take away OK
acy that quality Of il which loads to the selection of
object Of punishment. Thus far the notion of the
nature Of the essence of crime clear can under
stand n1t certain action is evil malignant, punisla
bic state with cxaCtness the why is so
define With precision tic very quality Which con
slitutc7 the essence of It's evil But attempt TO 90 he
You'd t's-thcre is Then nothing clear nothing definite
there IS, in fact, no idea there may be feeling Of alb
florence against thc act; that feeling may assume
thousand different shapes, and exist IN thousand diff
f,rcn degrees of intensity bat every mind that is ca
pablo of anal wing IFS own conceptions will perceive