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


The whole train of offences has
INTO o"i law. The insution OF the trial by jury
in'chon of torture, and i'll later times law of habcas
corpus gave decided superiority the penal law of En
gland that of her neighbours The unfurtu-
naely istoOk this superiority for Perfection while they
proudly looked down the of Europe, and coached
them with their tortures, their nquons and their secret
tribunals they shut their eyes mperiections of their
own code Prisoners denied the assistance of couu-
SELL men were executed because they could rcad those
VINO refused to answer, condemned To die under the
most cruel torture. Executions for crimes,
tended with bu'chery that would disgust savage. The
lie and honour of the accused were made depend the
issue of judicial combat. wrctched sophistry utrouc
ed the doctrine of corrupted blood
were committed to the flames. n proportion pre-
served between crimes and puusncnts The cutting of
wS aud the assassinating of parent; breaking fish
pond, aud poisoning whole family, numbering them III
their sleeps all incurred the penalties huulcd
ouerent actions many not deserving the name of offences,
were punishable by DEATH This dreadful list Increased
by The legislation Of The Judges who declared which
were not criminal under the letter law punish
able by virtue OF its spirit The gave the and
the tribunal wrote the commentary letters blood
extended its penalties by constructive
ces. The vague and sometimes unnteigble language
employed i'll penal statutes and the discordamt opinions
elementary writer's, colour ofnccesstyto this
ton of power, and the English nation have submitted the
legislation OF ITS courts aud seen their fellow subjects
hanged for constructive ones, quarerc for
treasons and roasted alive for constructive heresies with
patience that would he astonishing, If their written
laws had sanctioned the sutchcy. The constructive
extension of beyond letter. 6r most
cfo law, regards the offence to which is applied; nd
IS an illegal assumption OF legislative power, far rs
establishes rl Tor future decision epublic where
the different departments government cosutionaIlv
forbidden 10 interfere with each otcrss functions the
ecise OF this power would he peculiarly dangs was
therefore, thought proper forbid it, Ivy an express pohib
tom Some actions injurious society may, by means,
be permitted for time, but deemed infinitely better
10 submit to his temporary Inconvenience, than allow
tie exercise of power, much with principles
of government 1t proper to observe that the
Tear oi these consequences ideal and ccis
IONS of all tribunals under the law Justify the
oeici mat, without some legislative restraints
would not be more scrupupus than those of other countries
IN sahcomg this dangerous abuse lu another part
This coe it Is Intended insert provision, brig
the legislature, stated periods, all those which the
operation OF The law supposed 10 fall short
beyond, the intention u those who framed it, cGcts, if
really such, will then be cured by power legally author
Sed apply the remedy harmony ofour constitutional
distribution OF powers viii be undsrbe; and
public Justice attained with greater regularity ana better
feet
In stating the why suicide is not included i'm
c list of offences in this code il is observed that sui,
eide can be punished only by making the penalty (,Yc-
Tier be forfeiture disgrace) fall the innocent;
that while the English mange tie remains of the dead
wrc the nanmatc body feels neither the ignominy
the PAM the mind of the Innocent survivor alone la
cerated by this useless and savage butcicry aid the
Disgrace of the execution is felt exclusively by him. al
though II orght TO fail on the laws which infct it.
The father by rash of sc!l-destructio,,, cprvcs
his family of the support lie ought them and the
law completes the work of ruin by narrowing up their
iSs; covering them with disgrace, and drpviug them by
forfeiture of the means OF subsistence. Vengeance
~
living offender m"ch less with impotent should
pounce like vulture, the body OF the dead, avenge
crime which the offender repeat and which
fanny ods out no lure Tor mitation the innocent, have
assumed, should never be involved in punishment
OF the guilty; But here, not only the innocent, but
those injured by the crime, are exclusively
the sufferers by tho punishment. We have mentioned
rs maxim, that the sole Cnd Of punishment prcvet
the commission OF cmcs only Of eccting this
III the present case must he by the force OF examples
what punishment be devised deter him, whose very
crime consists IN the Ifiic'ion upon himself of the greatest
penalty your law can dcnHunce Unless, therefore, you
hc hold which natural affection gives YOU his feelings
and restrain him by the fear Of disgrace and ruin with
which you threaten his family law no effective
sanction; but humanity abls this: the legislator tina,
threatens il, is guilty vt the refined tyranny If le
carry it into execution, hess savage It is either a vain
threat and therefore cannot operate, if executed with
an -difected rage strikes the innocent, because guilty
is beyond its reach.
The penal laws of most countries have an ample de-
partment allotted to offences against religion because
most countries have established religion which must
DE supported III ITS superiority by the penalties of tenn
poFa laws In the country for which Ills Code is in
tended, where prc-eminence is acknow !eIrcd but
such as required BIZ persuasion and ION where
all modes o: la all forms of worship arc equal i'm the
eye OF the law, and ii Is left TO that of Omnscience 10
discover which is the most pleasing in IFS sight here
Tie task OF legislation is simple and easily performed
II consists of few provisions for scrupulousiv prcserv
ing this equality and for Furnishing every species of dis
turhance TO the exercise OF all religious rites which do
not interfere with public tranquility.
mus the omissions 10y which this code is distinguish
ed imply the wisdom its positive enacrcnts--
Among the latter remarkable provision for securing
the liberty OF the press. Any attempt violate its
freedom Is constituted offence. This new even in
The Legislation OF those governments which the ber-
ty OF the press is best established and most priced
1T has generally been thought a sufficient projections
observes this enlightened LEGISLATOR declare HAT no pun
shment should be inflicted those who legally exercise The
night {" publishing; but hitherto penalties been de-
nounccd against those WHO illegally abridge liberty
Constitutional provisions are in our republics, universally
introduced, TO assert tie right, but sanction given IN
the law; yet do nor tho soundcs principles require it, If
me liberty OF publishing he right, sufficient 10 saw
that no one shall be punished for xccising il have
rsht 10 possess my property, yet the law does not conne
itself TO declaration that shall be punished for sinr
IT. something is dcmc, and is fenced round with prn
ates, imposed on those who deprive enioyneuts
why should there be this difference in the protection which
the law affords to those different rights Not certainly be-
cause tie orc in question is considered small moments
every b OF rights, since the opntng been noyu
tesies how highly has been priced. This anomaly
states governed by the law, be accounted o bv
the reflection, that every breach Of constitutional rv
Iege might be considered msdeneanor punished
as such, although penalty contained in the law
But here, where nothing is offence but that which is
nd liz ,o IL, al,