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

Ttyci9 a.'etc renal Code for the State NJ Louisiana
By EDWARD LIVINGSTON, Member of the House o
Representatives from the Parish of Plaquemines
Loudon. 9 va. Baldwin, Cradock, aud JOY. 1921
Amidst the successful struggles Of prejudice and
ror TO retain their influence The minds of men;
amidst the temporary triumph of despotsn ard the
partial failure OF Freedom the train OF events is con-
santiy exhibiting procfoft real and steady
progress OF knowledge. That progress is seen in the
increasing wisdom with which men think and the purer
oenevolence with which they act for wisdom and bene.
violence are inscparGby associated with know ledge
but The dictates oil bcnevoence, and the practical APP
pcaoDs of those dictates hich wisdom No,
secures, are unobtrusive aud noiseess; they DO not
dazzle BY their splenour they do not affect the inap-
nation by the sudden and convnsive changes they n,
dce they are mild and gentle they unobservcd by
tie careless; they disovned by the SELFISH but the
eye or the philosopher them and the heart of the
philanthropst is gladdened BY them.
The Senate and House of Representatives of the State
oil Louisiana have recently afforded the proofs to
which we have alluded, ofthe constantly increasing ex
tension OF enlightened and benevolent principles This
state exhibits the singular spectacle of peopo reno
telg by one act the whosc penal institutions of their
country ahandonng without reserve, and without fear
TIC prcudces and errors of past ages, handed down
them under the imposing of the wisdom and ex-
Perience of tr forcfahcrs; rejecting lie crude, and
contradictory, and weak, aud cruel laws, which were
imposed by ignorance and passion; and projecting ..
PcnaA Code, uniform consistent mild founded on prin
ciPles which the science oursprudence has completely
and beautifully developed and the truth and efficacy OF
which, experience, wlsnever they have been put to the
test of experience las demonstrated Iti events like
these that repay such men as Bcntam and Romillv for
the iabour of a life. And certainly it appear
wonderful thing 10 persons in England that such
plan can have been projected and sanctioned by the
legislature of country without convuon without re-
iYolution, without tumult, without ncise and even with
out the slightest inconvenience Of any sort truth
however, II is, steTous il may be, that such plan
has been publicly discussed and even publicly approved
and yet the foundations ofsociey have not been shaken
social order has been disturbed neither the altar nor
the hearth has been invaded; the prisons have been
more than commonly crowded; q single prison has
been demolished; the itself has actually risen and
set much as usual and people have gone their occu-
patons IN the morning, returned in tue evening, and
slept in Peace at night, just before.
ihe General Assembly of the State Of Louisiana
have punished the following declaration-That it is
ot primary importance in every we'll regulated state
that the code of criminal laws should be founded on one
principle, namely, the prevention of crime that al
offences should be clearly and explicitly defined in Ian
guage generally understood that punisFnncnts slo,ls
be asccrtained applicable to each offence; that the
mode III procedure should be simple, aud the duty O
magistrates executive officers and indy uas assisting
eE, should he pointed out by law that the system OF
CRIMINAL law by which this state governed is defective
IN many all Of the points above enumerated; that
therefore person learned in the law shall appointed
by ihe Senate and House of Representatives, whose
lty II snail be- To prepare md present the next Ge-
neral Assembly for lis consideration Code of Crii-
nal Law in both the French and Engiis languages de-
gnating all criminal offences punishable by law; den-
ing the same in clear and explicit terms; designating
the punishment TO be inflicted cach iAyng down
tic rules OF evidence trials; directing the whole mode
OF procedure, and pointing out the duties OF the uGi-
cia and executive officers in TIC performance of hcit
functions under ii.n
In pursuance Of the above enactment Mr. Living
son, was in February, 1921, appointed BY the ballot
Tie General Assembly, to prepare Criminal Code and
III The report oil which about give an account
he states to the General Assembly the progress he has
made IN Tie prosecution of this work develops the plan
on which he proposes 20 execute it, and offers some
the detached parts specimens of the execution in or
der to take the direction of the Assembly, whether il
shall be completed not. The Assembly having re.
ceived this report came TO the following resolution
That the General Assembly do approve of the plan
proposed by Edward Livingston, Esq. in his report
made in pursuance of the act, entitled can Act rela
tive 10 the Criminal Laws OF this Saten and earnestly
solicit Mr. Livingston 20 prosecute this work according
to the said Teport that two thousand copies of the same
together with the part of the projected code thereto an
neXed, be printed in the pamphlet form; thousan,
of which shall be printed in French and one housan,
in English, under the directions of the said Ed,yar,
Livingston, Esq of which, five copies be delivered Il
= each member of tho present General Assembly fin
copies 10 the Governor" &c.
The General Assembly has been fortunate in il
cEo'ce OF the agent 10 carry IFS project into execution
Mr. Livngstons mind is clear, his Judgment sound hi
:, knowledge extensive he is well acquainted with an
appears to have diligently avacd himself Of the prope
sources OF informaiion lie has applied himself 10 hi
n work with mind deeply impressed with sense of il
difficulties and with that strust of his power to PEI
form it well which every truly enlightened man. how
ever gifted must feel when he conternpates the magn
tude and importance Of thc subjcc but with none O
that weakness which would make him auer in his Dur
. Posc is dstrust which only induces him 10 proceed
- step hy step, with The utmost caution; guard equal
n against undue prcpossession and unfounded fear an
=, with sincere and candid mind search after what
truly useful; 10 adopt that, and to reject the coDrary
le whatever IT may be; Whatever theory custom it ma
1f favour or oppose.
,e There is great difficulty in forming perfect PeDa
rs Code. Penal Code comPrehenJs those provision
d. which appointed by the will Of the state 10 enorc
the observance of the rights of the community Wer
id these rights generally and accurately Defined the tas
or Of lcgisIatng this subject would be easy: all tina
would then be necessary would be, to determine tn
nature of tho sanctions to be imposed, and tbei
specific applications But, unfortunately, nothing CAT
be vague and imperfect than the declaration {
IT rights in all countries. The term Right in the cor
d science of jurisprudence, signifies the power which
given to individuals by the community certain oh
ects of desire. When il is said that person has rigl
TO thing what is really meant is, that he has the powe
II Of doing with that thing what he peases OF The OF
ecls which considered desirable rights relate onl
to those of which there is not sufficient supply for al
and which, therefore, require allotment aud distribution
HTBs wac originaIlv r,riufed