Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1839-01-22

Il #tNOC0NuAOS ouN TIC SAtoStoSIppt |utlu AID
bana Rail Road Companies, have prose
cuted their several works with but it'll
Vigor, and the various other Rail RoaC
and Banking Companies, have not evel
commenced the improvements they ar,
required to make. Banking seems to b
| their entire object and only care. Thos,
companies striving to construct the lgrea
4 improvements they have undertaken, de
serve your aid. Notaxes should be i'm
/ posed upon them, and il deserves consid
GRAFTON, whether the credit of the Stat,
should not be brought to their relief. On,
| Of the Rail Road Banks already hai
been wholly, and others partially, relieves
from making roads. Thispolicy is clear
/ ly wrong. Making public Improvement
| has always been the pretence for obtaining
such charters, and in strict Justice, exemp
tons from the burthen should not be toll
Grated. The blending Of banking anc
Internal Improvement will, in the end
prove injurious to the stockholders anl
the State. | have never favored the
scheme, and my best reflections have con
firmed me in the opinion, that it should be
extended no farther. The State, with bel
credit, could make all the Rail Roads she
requires the rate of tolls could then be
kept under the control of the Legislature
/ and when the profits of the work had in.
IDENTIFIED the State for the cost of con.
struction, the road might be surrendered tc
thefree use of the people, or the profits
paid into the State Treasury.
| The law, at present, is a sealed book &c
the great mass of the community; but
few, even Of the judges and other public
officers, are in possession Of all the stat
utss-complcte copies are not to be had
the unwritten law still governs our Judg.
es in the adlueation Of cases. The labor
of many years is required to understand
what Laws govern as, and we have tC
employ counsel at great expense to vindi.
cate our rights. The Codes of JuStinian
of Frederick of Prussia, of Napoleon
and of Livingston, prove that Law car
be written in ineligible language, reduced
to system, and made capable of being
/ understood by all who read. In the yeal
| 1888, the Legislature appointed Genl. P.
| Rutilius R. Pray, to "amend the phrase.
ology Of the existing statutes and to prune
correct and arrange, alter and amend the
provisions thereof, SO far as may be ne.
cessarv to render the Code harmonious in
| itself, and consistent with the provisions
of the Revised Constitution. In pur.
suance of that authority, new code was
prepared, and submitted to the Legisla.
ture two years ago. The arrangement o.
the work is admirable-technica phrases
are avoided-thc language is plain and
ineligible, and any one able to read could
know the Law that guarantees to him his
rights, his property and his liberty, should
the code be adopted by the Legislature.
Strenuous objections have been made to
| the proposed Revised Statutes, by many
/ who have never read them or studied theiI
/ provisions. Some are so welded tC
black letter books and the unwritten OIL
Common Law, as TO be unwilling to be.
lieve that any Improvement can be made,
| We live in an age which contradicts al
such assumptions. The Civil and Pena
Codes of Louisiana have fully answered
! the desired end, and to advance in the sci.
ence Of codihcation, we have only to fol.
1 low those who have advanced before us.
| Most Of the provisions, in Pray's Code
are copied from statutes in other States
which have already receiveda judicial con
struction. No difficulty, therefore, coulC
arise interpreting them--the eminent iu
i rist, who framed the Code, now fills one 0
our highest judicial stations--all doubtful
/ questions would soon be placed beyonC
dispute Il hastoo long been the custom
to look for the Law in the opinions of iu
| rIsts. The Legislative will expressed, ii
accordance with the constitution, is til,
only law recognized in free government
The present is most suspicious time fo
the adoption Of an entire new Code o
Laws. Fully one half Of our population
have recently emigrated to the State, ar,
unacquainted with the existing Laws, ami
T could sooner become familiar with new
Code, than the old, fnr copies of the Cod,
Of 1922, are not to be had. Should you
your wisdom, decline acting on the tire
n first Books Of the Revised Statutes,
viii be necessary to authorize and proyid
for the reprinting of the Code of 1922, il
order that those officers, now destitute
| may be supplied. The best interests o
the State are jeopardized, IN consequence
/. Of our public officers being unable to OBJ
tain compIete sets Of the existing statutes
There is no security for life, liberty, D
property, deprived, as the people are 9
access to the laws. A new Crimina
Code, adapted to the PenitentIary system
will require your early attention. Fh
State Prison Is in a rapid progress
completion, and will be ready for the re
!, ception Of convicts in few months, III
s severity of the existing. Code, and tn
! great number Of crimes punishable B!
Heath, prevent It's enforcement Laws tia
/. outrage public opinion are but seldom e1
: ecuted- tie spirit 81 de age IS opposed
! hanging, branding, cropping. whipping
i and che pillogy crimes are punished 30
the sake Of the example. and the ceFialnt
1 Of conviction is q much ssurer preventive
] of crime, than the severity ofpunishn1eu'
f Having examined with some care th
81 fourth Book Of Pray's Revised Statute
j cheerfnlly recommend il % your iavofi
+ ble consideration; with some slight ehal
! res. It would secure society AGAINST q
aooressons 81 sIle deprived. Sid 81 81
surfing the conviction Of the guilty, op
Ri rate IS i salnsaFy example, and thus dst
f others from the preparation Of cFlm