Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-12-30
Gbe Gougtttutiouai gltsciq.
on AMERICAN 1oDIFIl ALTON.
From INC Courier krnrlcnis

"hen Inc punishment OF death, already carried bv our
aws 10 an eXtent that affects every good man has
oeen applied 10 new offences II is To see with
what respect, with what philanthropy these great mic
rests are treated IN little State heretofore COLONY of
rance but which has the happiness To particnat
! III The independents Of the United States
Louisiana, feeling the necessity of having penal
code 10 accordance with the political institutions
s' enjoys and with the intelligence tie age in ~ c
we i've has charged Mr LrvIf GsroN with the task f
preP'hS one. s learned juIst has presented to tie
Senate aud House of Representatives, renort ~, ,l,,
pah OF tue ork cOniiJeJ him. with some spec,,ne,e
o us execution. hs work is extremely cu,ios h g
interesting from liz general contents If J. nocu,i,
~ 10 US al TINS nJien lthas lately been published AT
4d'i'' 'nv MI ih1llanGer, young iawyer VINO las
sno"h himself worthy al being the associate of the
learned American, by the generou IDEAS the burane
sentiments aud the knowledge Of the laws vi icb shine
u the ntrodnctIon aud the notes with Which he has en-
! -lchcd this publication.
IL is cohiohng spectacle, for men .lic.ed withs see
ing ne ret'ogaie progress ut civilization in Eurooe
"' sohr years past, tn behold people advancing " IN
ou' any obstacle The Career Of liberty and h,nnness
't'PPF people Who, joining the vleor of youth l. the
n"'u'IF o. experience, seemed 10 have appeared the
las on The theatre the world only 10 proft h, The
'ui's OF thoSe who there before. them and 10 cr,v
Them examples to follow. The Whole work must he
read 10 appreciate IT at IFS true value. but what we, re
about to sa, viii be sufficient to show the ,uper,,,if, f
views anu sentiments which met with among neo
pie inspired by love Of humanity and resnect for the
rights ofman. 80
One OF the 'rst principles established BY the Aincri
IAN Vs. IS ia' tIe letter OF the a~ be the rule
"cc's'ohs--rot those instructions which iualllb!
pervcr IT. and pose tie accused no is ov respon
s.he 10 the l4. the ignorance 10 the n,.,I,l,ca me-
IN cirrl:r at JG.oe. lie banishes therefore from
M cod All those winch the English cali constru tjDe
Wtlt$' aA woich have Just been admitted tnto
Our s.s'iJn ~ that aN of teallency directed aecain
tar - iotic&l press The Will Of the Legislature
saw W. lh.iugsto, lis established as the ouv r,Ie
ana u' crude ana vaTVmg opinion of Judges as to the
extent ~ ths uncertain c'dc Of good morals is no lon
'rlo uSufp The authority 81 law. The first constitute
1--WE extension Of peaai beyond lis letter Is AN
eN cost iac'o law, 'egsris the offence 10 which if Is
a"tri, and Is an illegal HmUiion Of legislative po,v
e. 80 2f as establishes ,ule for future decisions -
a. mat ne says on he 9uo &c; Of trial by jury is filed
Wnh ifotuHt good sense aud bre,tnes that drp,,r
WIZ" clara te-izeH i RenuUiican People. But # is
above al. the heed, press which claims tbe al
'eh,'on II the Ne'ic. uYst. II his new he saws
-. inc legislation Of tosa governments where the H.
perry oi the press IS bes established and most priced
II ia g"herat n N irou5h sufficient protection y,
declare That punishment should be lnG led an those
VIZ !"ga"v exercise the ght Ct publIshi z-n Sound
potcy he thinks, requires penal sai,cIi,n acatrst
tose 'TAo invade ihS right. III tle 4ibert, OF p,.b-
liShing be rgbt IN Livingston argues " Jtb reai
force II sufficient say that no one s;,a II b..
G! tor exercising ~ have light 10 ucssess M mo-
perry yet tue law does not contine itself 20 decs
ton that SHALL no. be punished for using IT, Some
ng ioTe Is done, md 1t is fenced round with renaI
'es on ho>" Wi" .eprive me of its enjoyment WHY
should there De tins difference ia the protection wt,cf
! 'fn taH allords to these djlferent rights:
/ rus NJ. ion universal: IL. in other cole s SUI,
pheaII TIC % THE coJe pre- ar.l b, Mr. I..vings
ton' 70" al v.o.enco, or ncn-ce Of viaisucc al
tNefciS' o' suh"''iI o. Official lucncc tending To- res
ran tbs precious privilege, is declared an offence
hts CA" g"c' e'ar fu-th ldering constitution
at PROVISIONS as .e-.ur 10 ali act Of ordinary S la
TON aod consequently tat those ni the later d. scrip
ton "nch ccunctaCt tho tir.rer eys vrit it dcciqrc
wi nj