Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-06-13

west Oil the Lake OF mum, which leads into that
Lake, since about 40 years the waters of the Sa-
men and Simmer, uniting behind it. Older times
have therefore seen these kind of improvements in
SwisscrIand; the mountain OF about 300 feet high
was cut through an apparently solid Brechia rock,
10 save the valley below Thun, from the ravages
OF the river in its long course TO the Aar, between
1850 and 30; il fell in after short time so AS TO
form high arch, and its ruins filling the passage
the river ravagcd again the valley OF its old bed;
this was cleared about $500; the river having run
in it a short tme this high arch fell in, opening
crevasse till to the top Of the mountain; and the
second clearing, made between I690-'9S, led the
river as il now runs ever since This old exam
Pile may even be lesson for this canal and
4" tunnel project rich country. But the fact was
not extoed by newspapers, and no toll is collected
upon the wooden arched bridge over the crevasse,
TO tell the traveller thatt is work made with sell
hsh, interested, views. and few have seen Qike ~
all the documents upon il: Since then, this river
has laid out in the lake about 1000 acres OF land
brought from the mountains, of which a great part
is under cultivation. Newer canals and other ST
milar works could be quoted.
To quote the many details OF the free societies,
meeting yearly for patriotic, scientific and benevo-
lent Objects from all parts OF the country or in the
different Cantons; the old and new donations for
public utility, education, &c (Revue Encyclope-
dique OF last year, and the liberal support these OBJ
lJects meet from all citizens, would lead here too
far
In the general tenor of civilization it is
wen known fact, tina, confidence reigns there
more than esewhere-that the credit of Swisscr-
land stans well abroad-and that to find state of
| society equally improved, as found in Swisser-
land IN town OF from two 10 four thousand in
habitants, II Is necessary to 90 to a place of
al least thirty or forty thou ,and inhabitants in
| any other country Whatever. The state of edu-
cation Is well known TO be superior TO that OF any
other country; and this is limited to the towns
as its cheapness renders il accessible TO the vaget
who does not miss in his village the first elementa
ny schools: the education of the children is made
the duty OF the citizen and tn. government e.
qually.
| is that the state of country where ' Legisla-
| ton and Jurisprudence are in very imperfect
state, " where the people are far from enjoying
| civil Liberty where ss the criminal law and
practice are mostly in 6dJ Garosis state" &c.&c
&c: are these two states possible to exist togeth-
err! NO. and they are not Long Experience
has indeed, taught the Swiss 70 manage many
thngs differently from other nations in order that
they DE well managed, and the best course would
be, before deciding upon it in blame to enquire up
on the deciding reasons and causes. Upon which
10 enter here would be too long; though Swisser-
land Is OF course not entirely tree from things that
| might be better, abuses, and social evils in gen
eral, are certainly far less numerous there than
| In any other country. A republic to be made
permanent Is u machine of more calculation than
amere decree ofindependence; only habit and time
| produce the organisation, which renders the es-
Enlistment OF d republic eBeetudt, and by securing
The designing destroys his influence and Ultimate
iy abolishes the evil tendency itself, on ITS nor
SacceSs-A republic Is not the Union Of the inter-
ests OF all, thing impossible in nature but the sum
OF the mutual concessions Of every one to the good
| OF the EPhOie.
That the confession of criminal required for full
| conviction, while mere proof coniers only impri
sonmen', may perhaps no more be blamed when il
isremembered, that the cases are not very scarce.
mother countries, where life has wrongfulIy been
| "A Ean fol,
and who can restore it when taken?-.inay NOT the
ev! IN the former case be less than in the iatter?-
Is not the condemnation on mere proof rather mo-
narchical than republican? To speak of torture
would bring far back in the last century, unless
close confinement be called so. Nothing can sneak
more in favor of the criminal jurisprudence of
Swsserand, than the well known scarcity of
great crimes, and higher capital, Punish
ments There may be now cantons without n cri-
minal code, and that from lceH calculated princi-
pies; before the last revolution at least this was
the case. 1t was considered far better, by the
scarcity OF greater crimes; the determination of the
penalties upon peut-crimes appeared rather to act
as liking pricesat which they could be colIn tied
thanas preventative, and the rectitude and moral
ity OF the Judges could be more relied upon than a
dead letter. to affix to given case the punishment
| proportonate to its degree OF criminaiity At the
establishment OF the Helvetic republic the desire
! oil uniformity in criminal jurisprudence occasioned
That OF criminal code, which 10 have immediately
ture adaptation but the practice oftwo months sbey
ed It's penalties all so much overratcd for the cri-
nilnallty oil the cases occurring, that -mmediateiy
a law followed; declaring the punshments of it on
iy maxima, and giving to the tribunals the latitude
to diminish till TO about the fourth part of them so
as TO determine rather only the egualitv of form,
IN criminal Jurisprudence; and in my practice as
Attorney General, never met case where their
| iull application would not have been a direct in
justice. Sufficient reasoning, even trials, decided
also the continuance oSnon-publicity of the nterro-
! gatories, though not just secrecy.
Written civil codes ON the contrary exist in every
Canton, because such code must determine the
criterion OF form, matter ami Legality of civil
contTGcfs-which is subject decided by the state of
mutual connections OF the citizens; therefore one
oil the regulations that society has to make a.
mong its MEMBERS as one of the nearer determine.
IONS OF the civil compact. While criminal cases
depend on morality, the sway of which is universal
y may be considered as guiding also the Judges. If
therefore, the want OF the the other of these
codes Is defect, il is certainly rather that of po-
sltive civil codes, still il is well known that the
United States have none how different the opin-
on;are in this country upon the propriety nay even
possibility, OF making one, still how would ne be
received, who from that would conclude, that in
this country there is administration of civil JUS
tice!
The establishment Of Juries even is not omitted
without having received its full share ofdscussion
(but not in newspaper speeches) they Showed it q
mere substitute for the presumed want of impartial
and independent judges, occasioned by the inonar-
chical institutions of countries, where theKing,
or Executive p0bcer, has the election Ofthe Judges
which in Swisscrland is in the hands OF the people,
or its representatives, TO which the executive has
no where single word to say, as This is pyopey in
republic. The Swiss preferred having their Ii
legations decided by men OF knowledge aud expert
cnce completely disncrestcd in the case, and in
dependent, to the submitting of them to the chance