Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-06-29

dicial officers, Jurors and individuals, in pre-
venting, prosecuting, and Furnishing offences;
10 the end that no one need be Ignorant OF any
breach Of criminal Jurisprudence, which it con.
Germs all to know.
And to change the penal laws, in all those
points in which they contravene the following
principles; which the general assembly consl-
der as fundamental truths, and which they have
made the basis of their legislation on this sub
! ject, to witt
Vengeance is unknown 10 the law-The only
object of punishment is TO prevent the COM
mission Of offences; it should be calculated to
operate,
| First, on the delinquent, so as by seclusion to
deprive him of the present means, and 6y ha-
bits Of industry and temperance, OF any future
desire, to repeat the offence.
| Secondly, on the rest of the community, so
as to deter them by the example, from like
contraven,ion of the laws. No punishments
greater than are necessary to effect these ends,
ought to be inflicted.
But penal laws should not be multiplied with
out evident necessity therefore acts, although
injurious to individuals or societies, should not
| be made liable to public prosecution, when they
may be sufficiently repressed byprvate suit
From the imperfeclion Of all human institu-
tons, and the inevitable errors Of those who
| manage them, 1t sometimes happens, that the
innocent are condemned to suffer the punish
ment Of the guilty. Punishments, should,
therefore, be Of such nature that they may be
RENTED, (and as far as possible compensatory
in cases where the injustice Of the sentence be-
comes apparent.
Where guilt is ascertained, the punishment
should be speedily inflicted
Penal laws should be written in plain Ian
guase, clearly and unequivocally expressed, that
they may neither be misunderstood nor per.
verted; they should be so concise, as 10 be re.
membered with ease; and all technical phrases
or words they contain, should be clearly de6n-
ed. They should be promulgated in such
manner as 10 force knowledge OF their pro-
visions upon the people; to this end, they should
not OILY he published, but taught in the schools;
and publicly read on stated occasions.
The law should never command more than
it can enforce. Therefore, whenever, from pub
lie opinion, or any other cause, penal law can
not be carried into execution, it should be re-
pealed.
The accused, in all cases, should be entitled
to public trial, conducted by known rules, be-
fore impartial judges, and an unbiased jury;
| to copy of the act of accusation against him;
| TO the delay necessary to prepare for his trial;
TO the process to enforce the attendance Of his
own witnesses; and to an opportunity of seeing,
hearing, and examining those who are Produc-
| ed against him; 10 the assistance of counsel
for his defence; to free communication with
such counsel, if in confinement, and to be bail
ed in all cases, except those particularly speci-
| fed by law No presumption Of guilt, howe
yer violent, can Justify the infection of any pu-
| nishment before conviction, or Of any bodily
restraint greater than is necessary to prevent
escape; and the nature and extent Of this re-
straint should BE determined by law
Perfect liberty should be secured of hearing,
and publishing true account OF the proceed
ings of criminal courts, and no restraint what
soever should be imposed Oh the free discuss
ion of the official conduct Of the Judges, and
ministers ofjustice, in this branch Of govern
ment-
Such a system of procedure, in criminal ca
ses, should be established as TO be understood
without long study; it should neither suffer the
guilty to escape by formal objections, nor in
| yolve the innocent in difficulties, by errors in
pleading.
For this purpose, amendments should be
permitted in all cases, where neither the accus-
ed nor the public prosecutor can be surprised.
Those penal laws counteract their own effect,
which, through mistaken lenity, give greater
Comforts to convict than those which he
would probably have enjoyed, while at liberty.
The power fpardoning should be only exer-
cised in cases Of innocence discovered, or OF
certain, unequivocal reformation.
Provision should be made for preventing the
execution of intended offences, whenever the
design TO commit them is sufficiently appa-
rent.
The remote means of preventing offences do
not form the subject of penal laws. The Gen
eral Assembly will provide them in their pro-
per place. They are the diffusion of knowledge,
by the means of public education, and the pro-
motion of industry, and consequently of ease
happiness among the people.
Religion is source of happiness mere, and
the foundation of our hopes of it hereafter; but
its observance can never, without the worst of
oppression, form the subject Of penal code.
All modes of belief, and all forms Of worship,
are equal in the eye Of the law; when they in
teriere with no private or public rights, all are
entitled to equal protection in their exercise.
Whatever may be the majority of the profess
sors OF one religion or sect in the State, it is
persecution to force any one to conform 10 any
ceremonies, or to observe any festival Or day
appropriated 10 worship by the members Of
particular religious persuasion: this does not
exclude asgeneral law, establishing civil festi.