Alabama state intelligencer., 1831-03-02

must exist in it, which nothing but experience can ever bring to light.
 " Not only the defects have pointed out, but the others to which 1 have alluded, am confident will not escape the notice of the le- gislature; and more especially I am convin- ced, they will not pass without observation by the learned and talented members of that body. who are appointed committee to ex- anime and report upon the codes.
 {" If the interest I take in the subject were to be tested by the possible influence these new laws might have on me as an individual, small indeed would that interest be. I an now far advanced in the vale of years my life is fast ebbing out. To me, therefore, whatever this world can offer diminishes, as the prospect that opens in another increases in value and importance. But l have still motives that bind me to the people among whom l live with them, expect the even ing of my life to close; and with them 1 ex pect to leave my children, who are to feel in common with their fellow citizens, the effects of these new laws, should they ever pass.- And besides, '' as long as man is permitted to live, it is an intimation of Providence, that he has some duty to perform which it would be mean and criminal in him to desert. And l have felt it my duty in this instance, imper-
  utmost sincerity, to warn my country against the evils which l am thoroughly convinced must follow this entire, unnecessary and dan gerous change of our criminal jurisprudence.
 If have succeeded in showing MT Liv- ingston's code to be ahangerous innovation i; that some of its provisilns are actually unjust and iniquitous and thlt the uncertainty and confusion it must necessarily introduce into our law, very far exce.d every thing of that kind to be found in our present system, have surely shewn enough toinsure its rejection l and my fellow citizen who think with me, may, trust, rest satisfcd, that no sugges- tions of flattery, nor the vain pride of being the workmen who assistn creating new edi- flee, will induce the mdnbers of the legisla- ture to overthrow that venerable fabric under which we have so longbeen sheltered from the storms of oppressin under which the the peace of society hasbeen preserved the guilty punished, and innocence found sure protection.
 do not rest the cauS here. go further, and say, that if, in the opinion of any who may read these remarks, I have failed to demonstrate the superbrity of our law, as it actually exists, over that which Mir Living ston urges upon us asa substitute for it; yet, if have excited raionaL doubts as to the
 
 these doubts call imIeriously for the reiec- tion, Cat least for the presently of the new code. It has already Teen noticed, that if this code be once adoptet, and it is found defec- tive, we never can getrid of it, and return to our former system. The peculiar provision of our constitution, which fprbids the adoption of any code or systemof laws, by general reference to them, destroys all hope of oHr e. yer recovering our present jurisprudence, if we once abandon 1t. Is it not, therefore, better
 -" To beatthe ills we have.
 Than fly to others thawe know off"
 It is maxim equally sound in relation to public affairs, as to th,se of private life, ne- yer to give up a certaiAgood, though it be al loved with some inconv,niences for any sub stitue, which, however brilliant and inviting it may appear in theory, may yet, on trial, be found not equal to that which was surrender ed. Nations, as well as individuals, have been ruined by dsregarding this maxim.- Yet, in the case before us, if the new code be adopted, ask, do we not set this maxim ut terly at naught.
 I do not believe the new code would be as good as our present system is. feel confident, that have demonstrated that it is not. MT. Livingston believes that it would be better {: yet all that its most zealous advocates can urge in it's favor, cannot froUe it such for that never can be proved other than by acI- tuat erte,,ience and we have already noticed what the experiment must cost us. Doubts therefore, do, and must exist, until the eXpe- riment shall be made: and these doubts sure ly ought to make us pause before we incur the hazard of adopting the new code. By de- clining it at present, we still remain free to adoptit hereafter, should it ever De hroyed to be better system thanthat which we now have. Whereas, if we adopt it now, and the objections made to it should be found to rest on solid grounds, as firmly believe they will, the State is injured to her very vitals, without the possibility of finding any remedy, so long as the present constitution exists. And
 There is an obvious mode of removing our objections to the new system, and hroUing it to be better than our old one, if our objections be not well founded :; and, since the hazard to us of adopting it without that proof, is so i'm mense, surely we ought (it is duty we owe to ourselves, and to our children, whom we are about to involve in all the consequences) to insist on the proof before we adopt the codes. If the evils and abuses of our present criminal jurisprudence are so apparent, and of such pernicious nature, as MT Living ston depicts them, and if his code be so per feet and so admirably calculated as he says it is, to remedy these defects, surely some one of our sister States will, ere long, adopt it. With their eyes now fully opened to the bar barism, inconsistencies, and tyranny of that law under which they have suffered (without being conscious of it, 1t is true) for nearly two hundred years, we may not hope that Virgi- mia, under the guidance of her able and en- frightened statesmen, or Massachusetts,, who once led the way to freedom, will shake off at once the odious system, by which their pros perity has been so much retarded, and seize with pleasure the admirable system which MT Livingston offers them as substitute.- When they have made trial of it, and it is 4e .,L..