Piney Woods planter. (Liberty, Mi. [i.e. Miss.]) 1838-1840, 1839-01-19
Az MORNING, JANUARY 10, lssa.

are 50 welded TO black letter books and
4heRnwritten or Common Law, as to be
unwiIing to believe that any improvement
lcan be made: We live in an age which
lcontradicts all such assumptions. The CT
yikand Penal Codes Of Louisiana have full
! II Answ eFed tAe- desired end, and to adj
vance in the science Of codification, wei
have only to follow those who have advan-
ccd beforeus. Most of the provisions, in
Pray's Code, are copied from statutes in
other States, which have already received
a judicial construction. No difficulty,
therefore, could arise in interpreting them
the eminent jurist, who framed the
Code, now fills one of our highest judicial
stations--all doubtful questions would soon
be placed beyond dispute. 1t has too long
been the custom to look for the Law in
the opinions of jurists. The Legislative
viii expressed, in accordance with the con-
stitution. is tie only Law recognized in
free government. The present is most
auspicious time for the adoption Of an en-
tire new Code of Laws. Fully one halt
of our population have recent emigrated
to the State, are nnacquainted with the
existing Laws, and could sooner become
! familiar with a new Code, than the old.
i for copies of the Code of 1922, are not to
be had. Should you, in your wisdom, de-
cline acting on the three first 30 ks OF the
Revised Statutes, it will be necessary to
authorize and provide for the re-printng
Of the Code of 1922, in order that those
officers, now destitute, may be supplied.
The hest interests of the State are leopar
died, in consequence of our public officers
being unable to obtain complete sets OF
the existing statutes. There is no secu-
rity for life, liberty, or property, deprived,
as the people are, ofaccess to The Laws
I A neu Criminal Code. adapted to the PEN
itentiary system, will require your early
attention. The State Prison is in rapid
progress Of completion, and will be really
for the reception of convicts. in few
months. The severity of the existing Code,
and the great number Of crimes punisha-
BILE bv death, prevent it's enforcement
Laws that outrage public opinion are but
seldom executed--the spirit of the age is
opposed to hanging, branding, cropping,
whipping, and the pillory-crimes are pu-
nshed for the sake of the example, and
the certainty of conviction is a much sur
err preventive of crime, than severity Of
punishment. Having examined with some
care the fourth Book of Pray's Revised
Statutes, cheennlty recommend it to
your favorable consideration: with some
i slight changes, it would secure society a.
i gainst the aggressions Of the depiaved,
and by ensuring the conviction of the guilt
ty, operate as a salutary example, and thus
deter others from the preparation olcrime.
i Solitary confinement at hard labor, wonld
have more powerful effect, in preventing
crime, than any other mode ofpunishment
The revisor has wisely recommended. that
\ Murder and Arson, in the first degree,
\ and Treason, alone, should be capitally
punished, and that executions should take
place in the Prison or Prison yard, IN the
presence of certain officers. The horrld
n spectacle of an execution effects no good :
on the contrary, it usually excites the sym
paihes of the beholders, and in their eyes
the (eIon becomes martyr. If system
of Criminal Jurisprudence was so gradual
ed, as clearly to mark out thevarious de
grees of crime and ailix the appropriate
punishment, convictions would become al.
most certain, and the majesty Of the Law
be vindicated- Code proposes all these
!, objects, and, in addition, il defines, with
great precision, every species of crime
designates the manner of arresting the
J accused, and ofproceeding in the trial. 1t
, is unjust to punish those who cannot readi-
j " ascertain what is prohibited. Under the
f existing system, il requires learned law
yer, after consulting an immense mass Of
: books, to find out the long catalogue of of.
, fences punishable by statute, and at Com.
{ mon Law.
fl To prevent, if possible, the -lawless acts
4 Of violence whch-haye SO long gone un.
! punished in the State, and TO put down
those harpies who are preying on the com
e munity, and Wrestling from our citizens
!. their hard earnings at the gaming table
!. | recommend to your consideration the
d proprietv of giving compensation, in the
$ shape Of tax fees, to the District Attor
+ news. A certain sum should be taxed IL
+ the bill of costs, commensurate with tht
d difficulty Of procuring conviction, to b.
+ collected out Of the defendant. A tax fe,
: Of one hundred dollars for each conviction
J. would soon drive the Faro Dealers from
& the purlieus Of the Capitol, and from th'
I towns and villages which they have beer
! SO long robbing. No additional burtheI
4 wouId be thrown on the State, for the ia,
, fees, now collected, seldom reach the STATE
d Treasury. Further legislation Is requisite
i in relation to the Criminal Court. Th'
d District Attorney Of the first Judicial Dis