Piney Woods planter and Amite union literary reflector. [volume] (Liberty, Miss.) 1838-1838, 1838-08-11

llCUI SPpH yVu W uCt WITHOUT pdTtluHt
de- eqnvocation, as all your proceedings al
regarded as for the public benefit and n,
for the qualification Of private feeling.
With this comment upon the manner
which your duties should be performed
ue- proceed to state Of what nature they ar
'Fal constituted by the statute and the com
'pl, mon law. In the discharge of this Office
u. the Court is allowed to notice local objects
iat events, discussions and concerns, as far a!
they properly fall within the limits Of it,
jurisdiction. As well received lega
re- writer observes, "the Court, in its charge
ed will strive to alIay animosities, to destroy
r., the spirit of party, to dscountenance eve
IN ry receptacle of ideness and vice, as well
tn as every vestige Of popular burbarity and
grossness." In general, you are bound TO
inquire into all capital crimes whatsoever,
and also all kinds of inferior crimes of
public character, but no injuries ola pri-
vate nature. unless they in some way con-
e Germ the public good. The Criminal Code
It of this State divides offences into crimes
IS and misdemeanors; the term misdemea-
e nor, in legal acceptation, is of generic
n character, being breach and violation of
: public rights and duties, which affect the
whole community in its social aggregate
capacity. The more modern phrases Of
description, are those of felonies and mis-
demeanors, which have been adopted frora
the degrees of punishment inflicted The
idea of felony is so generally connected
with that of capital punishment, that it is
difficult to seperate them, though one of ,
Its ancient constituents consisted in for {
teiture, and to this usage, the common q
law now conforms. The word crime, is !
made to denote such offences as are of 6
deeper and more atrocious dive, while s
smaller faults, and omissions ofless conse- |,
quence, are comprised under the gentler II
name of misdemeanor. n
BY our statutes, greater proportion II
of offences are rendered capital, than in /,
most other States of the Union; but it is 81
not within the province of the courts, or of Of
the branches which aid in the accomplish. s,
nent of justice, to speculate on the policy =.
II the established laws. The Court is the in
Interpreter, not the maker of the laws. or
among the capital offences known to our sb
avs, are treason and petit treason, mur- sw
er, the. being accessory before the fact in de-
lurder, arson, rape, burglary, robbery, mic
'rgery OF the current coin, of banking pa an
er, DC. stealing or selling free person. dir
.eallng o slave, conspiracy with a slave we
'create Instruction, and stealing a horse prf
pom the second conviction. In regard to rnl
he person OF slaves, besides these lust moi
are added, conspiracy with mn
lch other tocreate Instruction, assault On,
nd battery on free white person with ;ec
l intent to kill, administering medicine J
lth similar intent. The descriptive the
ines of the offences just detailed, make NOR
u sufficiently aware of their nature, Il !.
snerally, the chiefingredient in crime. end
the gully and malicious intention with and
lich an act is done, which YOU will gath Hi
from view of the facts, though where wor
nan voluntarily puts himselfin condi- den
- ~ "S ho' u nc inder Inc control of vert
right reason, and in that state commits act
rhine, he is an amenable as if the crime re,,
re deliberately or Intentionally execut- or;g
lntoxlcation, for instance, in the eve t;n9s
the law, is not the slightest excuse or cam
liaton of crime, nor docs it always aid
appellate man from forming preme- Of :
ated design of murder, though in some chou
Sohs y ''o'As 'no Understanding, just hone
IS II e>c''es passion; so the sign
sion of anger in one destroys the rea- r
/, while in others, it is seen scarcely to call
'ede the cool AID regular operations of delhi
understanding. Malice, in strict legal cisio
imports directly wicked. "a n,
:, and excludes a just cause or excuse. ont +,
one'er u appears from the whole evil der {
ce, that the crime was, at the moment. flee
berately or Intentionally executed. or N
Ugh the wicked disposition ofmind was ~ 81
Grated at the period of the transaction ;noni
lie absence Of all excuse, it is in nv and !,
'o"' 'uiiy oohsu'hha'eu' discus
mong the numerous misdemeanoss inal
- 1o W ''i@.o part Oh yoar especi- vesti.
l4uny' Is Tue onehce OF retailing with their
license, or suffering to be drank in the '
premises where it is sold, spirituous IL delica
., under the quantity ofone quart. or wavw
wing or selling the same 20 slaves the y,
Ious '"0 Perili'ssion OF their owners or times
Il ~, ~ii''o III tue PROOF
eu o'a.es' point 10 the excessive use the la
s."s nquors' as the most trult- cent,
'uioe =, uo'nes'lc misery, and public is far
lge. Few men commit crimes in ~. Y
hours of reflection, and while under ed wit
omlnion of sober reason, and in view. from \
cularty, of the youth of the country. In 9
gao,;,,n mus .ooN ior valuable citizens upon J
n"o'Ivo projectors, you are bound to lies in
~ nI oiiec'ualiy tnis greatcause your o
90 % Gnu anu popular reorganization courag
g an endto the evil practice of pa licenti,
The statute renders it penal for semina