Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-09-15

civic degradation, The effects ct which 1t deter
mines in precise manner, and IN way when Is
much more conformab!e to oar constitutional ha-
bits The punishment of death can no longer oe
applied to CRIMINALS guilty of Gaming, OF counter
feiting the Seals of the State, forging pubic Sc
cur,ties or bank notes. ar Of rnbbery attended oy
the five asrgavaing circumstances In no case can
the concealment of stolen goods be punished WI"
death. This punishment. as may be perceiVeu'
is not abolished n any instance, but, coup'eu wiz"
the other notifications which we are ab0at to no.
tce il will be very rarely carried into execution.
II is replaced by imprisonment aDd hard labor 'of
life.
] Greet notifications are applied To the S6tb. SIN
and 9lst Articles of {: Penal Cute lhe COM
mission of q crime, or the actual attemr. I" 'o"-
init crime, will alone constitute the ohe"ce o'
der these articles. II the conspiracy has not oeen
followed ur by any act committed or commehced
for the purpose OF rerperatlng the CRIME ,he pun
isbment will be solitary confinement. In the o'her
case, the punishment will be perpetual impriSon-
ment A proposal made, but nut ultimately re-
solved upon, 70 form conspiracy to commit
crime. viii subject the party TO imprisonment from
one to live years
| The project completely abolishes the punish
ments which were applicable TO- persons who did
not reveal conspiracies formed against the State,
or for the purposc of coinipg l, ais" repeats the
Article against vasaboads, aud The law OF the
25th of June, S2I.
| BESIDES these notifications, the project con-
tains others which will have the effect OF milgat-
Ing very much our criminal legislation. he Ar
ticle 56s of the Penal Code may be applied, WHIT
ever be the prejudice caused by it. On The other
/ hand, the President of the Court OF hss'ze VIII
be bound to inform the Jury, that if II thinks BY
majority also of seven voices, that there exists
in favor of the persons found guilty any mitisa-
tory circumstances, it is bound to declare that
fact. II the Jury should pronounce that there
are circumstances of extenuatlon III the case. the
punishment inflicted on the convict shall be that
| Immediately lower in the scale OF pun'shments
than that which the law ailiyes to that particular
offence. This innovation empowers the Jury 10
mitigate the sentence and it is probable that tins
power will be extensively exercised.
From the London Morning Herald.
II is understood that the law of Debtor and
Creditor has been for some time past under the
consideration Of the common law Commissioners,
who will report whether any, AID what, aitera'
tons ere, in their opinion, necessary. TO this
subject we have occasionally endeavoured to draw
the attention Of the Legislature, with view TO
the abolition of the cruel aud perniclous practice
of imprisonment for debt.
| Imprisonment for debt is objectionable in prln'
ciple. as well as msche.vous to society IN Its prac-
teal consequences. Let us look at 1t in both
points of view. In principle it confounds nisfor-
tune with crime. for il makes no distinction be-
tween the honest and the fraudulent debtor. IL
visits adversely with the penal rgour OF the law.
1t gives TO creditors the means OF vindictve per.
secutlou, and puts the liberty OF one man at the
disposal of the malice of another. Ii sudden
and unforeseen calamity reduce all indlvidualfrom
a state of competency or affluence to poverty, he
may be prevented from ever repairing the mlsfor-
tune by the resources of honest industry, II an
unfeelng creditor choose to exercise the power
which The law gives him. and to drag hun from his
home and family. and throw him into prison. -
There. excluded frOla the SO common air and use
of his own limbs" and whatever little substance
he may have, eyed upon by the harPies that IN
|fest the prison house, to plunder.al that remains
to misery; under the sanction of the law, he Ian,
cuisines in dleness, or becomes familiar with the
habits and vices of gao; or, if he escape the
moral contagion of imprisonment, he finds, when
The regains his liberty, that his affairs have not es
caped its ruinous effects, and that he is restored
from captivity only to be delivered up to the hor-
rors of restitution.
As to its consequences upon society, the pow.
er of arrest for debt upon nesne process produc-
es great mischief, by creating dangerous facility
of credit, and thereby encourages persons OF mo-
Iderate or humble means to live beyond their in
comes This is the cause of the ruin Of thous-
ands upon thousands Of individuals and families
in this countryside persons with whom they deal,
relying upon the and of law, in the last resort
which pledges body Of the debtorfor his debts,
rather encourage than repress the practice OF deal
ing upon credit; and thus persons who would
otherwise have expended no more than their in
comes might enable them TO do, are tempted into
a course of ex,ravagance, the end Of which Is too
often gaol and rum.
II it were. therefore. only for the purpose OF
restraining credit in the middle and humber walks
of life within sound and reasonable limits, the
power of arrest for debt ought to be abolished.