Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1837-01-11

increased in opulence and luxury, resign
ed themselves to those vices which they
despised under the simplicity OF their ear
w institutions. Can we feel exempt from
the effects of ike influences Have we
not departed from the simplicity and purity
of the early days of the republic? Are
we not found as the last of the fathers of
the revolution are descending to their
tombs calculating the chances of our Un-
ion; and are We not endangered by the
servi,e limitations of the customs of the old
world2 To arrest this devastation OF re-
publican feelings and principles, guard the
education of the rising generation. Teach
them in their earliest lessons Of life the
grea; principles upon which their govern
ment was founded, and keep before their
minds those scenes of our country, which
are richest in the harvest of American
glory, and which have chiefly contrib
uted TO immortaize the American name.
His honor the Chief Justice will report
for adoption AT your present session, re.
vised code of laws, prepared agreeably to
the instructions of your predecessors. /
refer you however, to his communication
which will be transmitted to you, for the
reasons urged by him in support of an ex-
tension of the time originally allowed for
the preparation of the report. In work
of so great magnitude as the digest of a
code of laws forthe government of State,
it is impossible for a single individual TO
complete the undertaking with that degree
Of perfection that would be satisfactory to
himself, or best promote the interests of the
public. The shortest period ordinarily al
lowed for the completion Of similar revl-
sions has been from two TO four years. l
would therefore recommend an extension
of time in the present instance. The
Chief Justice is however prepared with such
| digest, as the necessary attention to his
other duties, and his limited time for its prep
aration would allow, and asks your early de-
cision on the subject.
Should you however proceed to the a.
doption of code Of laws at your present
session, may be permitted to suggest the
importance of simplifying your judicial pro.
cecdings as far as may be>practicable, and
of clearly defining by statute, all criminal
offences and their penalties. Every men,
Der of society however humble, should COM
prehcnd what duties he is enjoined by the
law 20 discharge, every act that he is prohi-
bied from committing. the penalty for
a violation of its njunctions, and the pro-
ceedngs and forms by which he is to be
adindged.
That portion of your jurisprudence,
which provides for the adjudication of pri-
vate wrongs, is not perhaps so easily regu-
lated. 1t may be considered impossible to
embrace within the narrow precincts Of
YOUR code, all civil cases and their reme-
dies; bat approach it as nearly as possible.
And in the progress OF your labors on this
subject, you should adopt the rule laid down
BY distinguished jurst, and sanction no
theory by whatever specious argument sup
ported, until convinced of its practical utili-
ty; admit nothing upon the mere authority
of high name; make no unnecessary
innovation, but boldly propose every
change, that may be necessary or useful.
Connected with the revision of the laws,
no subject merits more seriously the atten-
ton of the legislature and philanthropists
than that of Imprisonment for debt. The
system is time honored relic of barbar-
ism, and has only been permitted upon
your Statute book, through the claims Of
its antiquity. The right of personal liber-
ty, makes so permanent feature in the
first principles of free government, that
its security should never be endangered,
except to considerations ofthe highest mag
nitude. The fraudulent debtor who is mo-
rally a criminal, should be made to feel the
penalty of offended justice; but under
your present system, the victim of misfor-
tune, is classed with the criminal, and
subject to the same indiscriminate punish
ment.
The test Of experience has long since
shown, that imprisonment for debt as at
present established in most Of the states,
has failed in its object. The fraudulent
debtor escapes UNPUBLISHED, while the poor
but honest man alone feels the oppression
of the system. Offer the creditor if ne.
cessary, the most peremptory process a.
gainst property, which is the legitimate OBJ.
ject Of the law; provide for the punish
ment Of fraud but protect inviolate the
liberty Of the unoAending citizen. If i'm
pr,sonment for debt is abolished you will
soon find substituted in its stead, whole.
some and effectual collection laws, mutual
confidence will become the guarantee of
trade, and our country will be relieved from
one OF the darkest stains upon It's charac.
ter.
The age in which we live, is said to be
the harbinger of improvement in our NOR
al and social rslations.-We are engaged
in efforts for lettering the condition Of man
in other chimes, we are wailing over the
lost liberties Of race exclusively within
the control of others, and yet forget, that
at our own threshold rests the ready instru.
mcnt of injustice and oppression.
1t may be said that the moral sense of
the public will protect the unfortunate debt
or from opprcssion.--Will you accept that
guaranty and cease all efforts Of phan-
thropy, which the present day is making?
Trust not frall mortality, with discretion.
airy power over the liberties of his Eel.
low men for the lessons of life teach us
that the moral sense Of the community, is
sometimes false security for misfortune.
Your system for Imprisonment for debt
may be considered to be at war with the
spirit of free government, and would
therefore recommend its total abolition.
Blot il from your code of laws, and ena-
bic Michigan to commence her career as a
state of the coniedcracy, the advocate and