Alabama state intelligencer., 1831-02-16
From the Knoxville Register, Feb. 2. TENNESSEE PENITENTIARY.


 The Penitenary law went into operation the first of last month Deeming its contents important we publish to-day an eptome of it, showing the crimes mentioned and the punshmentannexed To revise the whole criminal code of il State, requires lani- liar acquaintance with our laws and the ability to discriminate defects and make the necessary amend ments. The new statute displays perfect know ledge of our criminal code, is judcous in the penal ties annexed to transgresson, guards against qub- bes and tho n0nsensca ncities that often acqut the prisoner and asound every lover justice and every friend of unsophisticated reason Could it be possi- ble so 10 amend our jaws that equality would alone he done in our courts 1t would be great desdera- tum. But this is scarcely to be hoped Another difficulty Our code is ntermixel with tie laws and decisions of England is reposited in so ma. ny musty books, and scattered through many vol ulnes, that it often perpleXes proiessed lawyers to determine what Is the rule or maxim in force. We glad to this grievance providedagainst in this act. Any man who wishes to know the mean ing of any particular term used in this law has only to read 1t through to receive satisfactory explana tlon Besides, the fetters of the common law where obsolete senseess, IS in the of rape, have been justly disregarded. A definition is given which subjects the offender to punishment whenever the injury is inflicted. Other crimes which were hi- thenovaguey or ;nadequately described, incest for example, have by this act been ascertained so that he who runs may read; 80 that common man as well as lawyer, can comprehend what is intended This is a mode oflegislation which we highly ap- prove. The legal terms used in England have some times application to circumstances, or at least are unsettled and indefinite in their meaning To it seems right tlat these should be interpreted so that all may understand them; and we cannot ima- zine that by this course any public injury will be tained or any private privilege lnirnged. For our part, we should like 10 see the mystery Flaw re- duced to common sense and common justice, we therefore hail with the plaudit of our approbation f, rla ando ntntx fession so long entanged in the nextricablc laby- rnths of "gorious uncertainty" hair-sptng sub tletles and sometimes unathomable absurdity.
 The present law, therefore, appUrtioning the de gree of casgaiioE to the atrocty the offence and aboshing capital punishments except in cases of murder in the first degree, is great meoration of our criminal code an evidence of our progress in re- inemcnt and humanity, and will, we hope, assure the better administration ofjustce, so that criminals may no longer escape for the most shameless den- quences, through the ''pious perjury of lenent and synpathisng juries.
 The author therefore of this act is entitled to the warmest appreciation, and mer.s the plauds of Il discerning and intelligent community, for the wis dom ofdesign and ability of execution manifested in the technical definition of the public offences emu meratedn nproportionng the punishment to the crime and in the smpliicaton thus given to an important portion of our laws
 Those who object to these improvements as auda- cious and unwarranted innovations we would refer to case in point, (which may be found in some of the books,) ofthe old and new roads. The old way was excessively muddy, rough and full of gules 1; the new was dry and free from obstmctions--a gen tleman who was flying in gig at his along the new road was surprised to see wagon foundering in the mud on the old way; and calling out to the driver who chanced to be Dutchman inquiredsvhy he took that tract, and received for answer"O mine fader hab been trive dshroad and ives here toc."