Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1839-01-19

>"e' 'ha ana 10 advance "a The SciCDce OF cOdhcA-
hon, we have un'y TO iucw those who have adyau-
eed before MS Most az the prnvsious la Pny's
Code, are copcl from statutes in other States.
which have already rrceNcd judicial construction
No difficulty, thgru"re. could arse 10 iu,rrpreun,
hem-the eminent yrlSt, who framed the Code.
noN his one ct our highest judicial >laji0ns-ai
doubtful questions would Soan b. paced beyond dis
pute. 1t has too long been the custom 10 nok Tor
The law m tie opinionS of Jur.StS. The Legislative
wall expressed, IN accordance with the constitution.
| IS The only law recognized in Tree government.
| The present IS most auSpeious time Cor the adop-
uon OF an enlre new Code of Laws Fully one
half of our population have cmirrated to the STATE,
| are unacQuaInttd with The existing Laws. and could
| sooner become ZANZIBAR with new Code, taA the
| old, Tor copies ot thc Code Of 1921 are not 90 be
! had. Should you, IN your wisdom, decline acting
un the three first Books OF he Revised Statutes, /.
viii be necessary 10 authorize and provide for the re-
printing OF the Code ut ls23, IN order that those OF
lcers, now destitute, may b, supplied.
The best interests of the State are ieopardzcd
IN consequence Of our public odicet beng una
| bic 10 obt0ln complete sets of the existing sta.
tutes. There Is no security for hie, liberty, OF
property deprived as the people are, OF access 10
tie laws. new criminal Code, adapted to the
Pentenliary system, will require your early al
lention. The State prison Is ma rapid progress
of completion, aud will be ready for the reccp
ton Of convcls IN lew months. The severity
Of the existing Code and the great number of
cnmeS punishable by death, prevent MS enforce
ment--LawS that outrage public opinion are bu,
seldom eXeculed--the spIrIt of thr are is oppos-
ed 10 hanging, branding, cropping, whipping, and
the pilloIy--cnmes are punished for the sake of
the example, aud the certainty Of conviction is a
,,T, than Of
punishment Having examined with some care
the fourth Book of Plays Revised Statutes,
cheeriully recommend II TO your favorable con
slderaton with some slight changes, 1t would
secure society against the aggresslons Of the de-
PRAYED, and by ensuing the conviction Of the
guilty, operate as a salutdry example, and thus
deter others from the preparation ul crane. Sol |
ltarv confinement at hard labor, would have
more powerful effect, IN preventing crime, Than
any other mode OF punishment The rcWsur |
has wisely recommended, that Murder and Ar |
son, IN the first degree, aud Treason, Alone
should be capilaIly punished, and that executions
should take place IN the Prison or Prison yard, |
IN the presence Of certain officers. The horrd |
spectacle OF an execution effects no good on
the contrary 1t usually cxcltos the sympathlcs of |
the beholders, and IN their eyes, tie leon be-
comes martyr. II system Of Criminal Ju-
rlSprudence was SO graduated, as clearly to maik |
out the various degrees Of crime and allix the |
appropriate punishment, cony cous would be
come almost certln,and the majesty Of the law be
vndicated-the code proposes all these objects,
aud, III addition, it defines, with great precision, |
every species OF crme--desgnales the manner !
Of arrestng the accused, and OF proceeding IN
The tiIal. 1t Is unjust TO punish those who can
not readily ascertain what Is prohibited. Under |
The existing system, II requires a learned lawyer, |
after consulting an immense mass Of boUks,o find |
OUT the long catalogue Of offences punishable by
statute, aud at common Law
10 prevent, If possible, the awless acts Of We
olence which have 50 long gone unpunlshcd IN the
State aud TO put down those harples who are
preylng on the community, and wrestling from our
Citizens Their hard earnings at the gaming table, |
recommend 10 your consideration the prupuety vi
giving compensation, N Tie shape Of tax fees, to
be District Attorneys A certain sum should
be taxed IN the bill OF costs, commensurate with
the difficulty Of procuring a conviction, to be col.
lected out Of the defendant. tax fee Of one
hundred dollars, Tor each CONVECTION would soon
drive the Faro Dealers from the purlIeus OF HE
Nuplul1 anu NOM iilt tbNHS anu Nh4u-tc NlhtH
they have been 50 long robbng No additional
bunhen would be thrown on the State, Tor The tax
fees, nov collected, seldom reach the State ltca-
sury. Further legislation IS requisite IN relation
TO the criminal court. The District Attorney Of
the frs; Judicial dsrc, Is required TO attend the
sessions oi tue CRIMINAL court, IN four counties,
IN addition 10 bis duties ~ the circuit court. The
terms OF the two courts conflict, and the abOrs
required OF that officer are much greater than be
can well perform. la the event ol his absence
IRON coun he Is required TO pay the compensa-
llon allowed the person appointed to iIl his place
IA greater compensation should be allowed than
thai now fixed by law, OF less labor should be
qred.
The Report Of the JOINT Committee OF the
Legislature on the books and papers OF The iale
Auditor, john II. Mallory. aud The State Funds,
is herewith tr usmtled. 1t appears that he as
deaulter 10 lie amount Of tiny.lour thousand ana
seventy nne dollars and ninety SIX cents--aIf
lexcept S23U So on account OF Town Lots and
the Three per cent Seminary and Sinking
h unds. The existing law gives the Auditor tx
elusive control OF the money arising from the sale
Of Town Lots and the Three per cent and Sc
mInary Funds, and he is also one Of the Com
mIssloners Of the Sinking Fund It was intend
ed that the Auditor and Treasurer should be
checks on each other YET, by an oversight, more
power has been vested N the Auditor than, per
maps, was intended. The trust reposed has been
sadly abused, and he has beon enabled thus long,
10 conceal hts deialcallons IN consequence OF be-
ing most unwIsey authorzed to receive money
winch should have been audited and paid into the
State Treasury 10 the usual manner. Great
loosness appears to have prevalled IN both the
AUDITORS and Treasurer's office during lbe years
1886 and 1897. The late Treasurer, {. G.
Alayson, appears to have been in the habit OF re-
ceising Inonny OF tax collectors, aud others with
Out Inc production Of the AUDITORS receipt war.
RAM. a. rennlred hr law Ihls NAV oxelnnt The