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


generally destroyed, will be prevented; tho rcoplc will
be put their guard again, thc and the judiciary will be
armed with legal authority for their punishment aud sup
presson.'
Provision made BIZ this code for the universal pro-
mitigation of its enac,mpnts IL rs framed that II
may be thoroughly understood by every member of the
community With this view is expressed IN the Ian
guage OF common parance; technical terms are never
used when other expressions could be framed TO give
the same idca; technical terms however, IN many m
stances, unavodable therefore, whenever phrase
word is either ambiguous, employed III any other
sense than that which given To II III common discourse,
Is M this code printed particular character winch
serves as notice that it is defined and explained
When these definitions shall have been completed, IT is
intended TO submit them to men IMMERSED in the Ian
guagc OF the law, and every word not fully understood
by them Us 10 DC mar lcd for explanation.
Ii is intended that this code should be universally
taught throughout tie state and form elementary
part OF education. This design, which is again and
again expressed in the course oi Tins report, recoSn
ses the truth of the opinion which have repeatedly
aud earnestly stated TO be own; namely, that youth
OF both sexes, before the usual period OF leaving school,
are perfectly capable of understanding these subjects
ltis OF the utmost Importance TO the well being OF eve
ry community, that the minds of It's youth should be
thoroughly imbued with this kind of knowledge. Ii is
beyond measure important than multitude OF
things the acquisition of which portion of time
and money is lavishcI; and there is nothing which
could inspire with greater confidence III Legislator,
in the penetration OF his mind, in the cearness of his
ideas, his freedom from prejudice aud in the sincere
and honest intention with which he legslates for the
welfare of his country, than his addressing the legs
laure the following momCntrus words-"YoUR CRiMI-
NAL 1 ODE Is No LONGER Ia re
LEcT FEW; II rs NOT THE DESIGN ITS AIEEs THAT
| II SHOULD BE BNcLCsIrELY THE STUDY EVEN OUR
OWN SEX AND IT Is PARTICULARLY DESIRABLE, THAT
IT SHOULD BECOME BRANCH OF EARLY EDUCATION
FOR YoUTHn
The difficulty in the formation of Penal Code ari-
sing from the want Of the previous establishment of
Civil Code, has already been noticed In en.leavour-
ing as much as possible 90 obyiae this difficulty, which
conironts him at almost every step, Mr. Livingston has
been led TO adopt the only expedic III his power,
~ extended cnunciaion Of general principles toge-
tlcr with distinct statement of the reasons Oh which
they are founded He observes 1--WE quote his own
words that che has thought it essential part his
duty TO oriiy the precepts of the projected code, by
assigning the which they are founded; thus
to open the of penal egisatop and to Show thai
the mystery which has hitherto been involved was
not Inherent in the subject but must disappear whene-
yer IFS true principles Jevelopcdn This IS one OF
the most kabe pcculiarities this Code: it is also
one of the most important characters BY which il is dis
nguIsied from every other that las hitherto been pro-
JeCed rs guide to successive legislators; as check
against the ignorance the wickedness which would
undermine destroy of lis lust prov ois; as Sc
curly iorte strict and nrariabe observance of them
III Tie courts OF JudIcaurc and above all, means
OF making them thoroughly understood by the people;
OF rendering them, fact, portion of the public mind
part OF lis common stock of information with which
every member OF the state should be familiar with
the routine OF his daily avocatonon all these accounts
ing The reasons which they oundedn is to do the
Ves thing which was been done by any legislator
III our voice should reach this enlightened man. and il
our opinion might influence him in any measure we
would earnestly recommend him make the enunera-
ton OF general principles FULL comprehensive and
as complete possible; and, every instance TO as
sign, III the clcaGest manner the which they
are founded w c are satisfied, that the more he cons
ders this subject, the he will perceive its vast i'm
porance, and we quite sure that the more perfect
y lie executes this part OF his task the perna-
hence he VIII give to the institutions he is framing, and
The more completely he will secure every beneGcIal re
suit winch he may expect TO flow from them.
among the most important provisions of this code,
are those winch relate 10 the proceedings in criminal
courts and to the functions and the conduct of Judges
considerable care has been taken to lay down the rules
OF procedure IN precise and ineligible language Pro-
vision made for securing the greatest publicity TO all
thc proceedings of criminal courts. The right to pub
sh an account OF all such proceedings and freely TO
discuss the conduct of the Judges and of the other n
GERS employed in administering Justice is distinctly re-
cognsed But this is not ALL In order to make eGec
'ud provision Tor tie diffusion amongst the people of
tins most important nforDation particular officer is
appointed whose duty il is 10 publish accurate accents
ct all trials, remarkable, either for tie arocitv of The
offence, or the importance of the principles decided in
the course of the proceedings The rea son nf is on
actment is stated 10 be the following:
Publicity object ofsuch Importance in free govern.
'H mat 1T not only ought be permitted but must be
cured by species of compuon The people must be forced
10 Know what Their servants doing they WILL like
other masters, submit imposition raihc ,n take the
trouble OF Imqung into the state of their affairs No
nation ever yet found any Inconvenience from too close
an inspection ntt,tc conduct its officers but many
nave been brought to- ruin aud reduced to slavery bv s
icring gradual imposition aud abuses which were imper
c'pnr' only because the means of publicity not been
secured ih modern times the press powerful an en-
S'ne I" elect this, that the which ncrlccis tn e,n
h IN promugang the operations any department Of 90
vhen eau neither Know, deserve blessing Office
nom. The important task Of spreading this kind of nfo-
hauon ought not, therefore, he 10 tie chance of mi
Vate e&eToG 1T must he made public duty every one
employed in the administration of justice will then act IN
DER TIE conviction that his official conduct and opinions
"i DC discussed before tribunal in which neither pre-
SIDES nor ohcates Tie effects of such conviction NAV
De easily imagined, and may fairly conclude that in
proportion to its strength will be the fidelity and diligence
Of those upon whom il operates
lie provisions which relate 70 the functions Of ind
ges are twofod those which regard the positive duties
winch are enJolned upon them and those which regard
Tie restrictions by which their power is limited A.
mougst the duties imposed upon ridges there is one at
once so singular and beneficial that it deserves very
Particular notice. SIT is provided, That the Judge shall
al the request either Of tie accused OF the rosecu
tor state and record lis decisions wTH THE
on WHICH THEY ARE FOUNDED" This provision. i'm
Plying thorough knowledge Of the history of the past
IS sun renarkabic Tho saDacify