Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1840-08-11

s---------<--<---,A
vicinus and hardened Kind For i; eouil MT We o.
aird on any OF Ne h,ls,lyng asses:
|. Those who had suilicieui means Ia diseh,} The
fine and costs OF prUsecuton cor as TO such they
would o. course relieve themselves IA oAce, b. IA l..
ing pa, meat
:. Those who p,or aui destitute for they
could pnichrs their discharge from PRISON by m hing
aPPear 10 the satisfaction OF the board OfCOuny coa
rnssiuncrs that they were unable pay according 10
the 35,h section.
3 Nor could extend 20 those " ho night BE- willing
20 pay the fac b. lahnr the highways. accor-
ding 10 the provisions OF the 10th see'ion already
quoted.
f. Nor>io those whom the court nigh, sentence to
harI labor <unJcr the provisions OF the lI,h section
before referred TOE
). And lastly t>could by possibility reach the
case OF an honest man
Then on whom would vi operate, YOU VIII ASK
Sir will tell you on whom would opc rate II would
take effect intended icshould ON thai Glars
of sturdy offenders who by fraud0len sale or CON
ceanent of their properily had place II beg ohd ihe
reach OF execution. thereby adding 10 t6CrS original
offence the perpoiutlOn of a fraud. Persons ~ tnfs
description having property. hut refusing surrender
tup. or apply It m payment OF their fines. could not
and ought TO be relieved persons unable pay.
No one can fail To see that the 37lh section
preheusiyc enough IN is dia prov embrace
the of every oiitlidcr who docs not by his own
fraudulent act deprive himself OF iis proiiered bcu-
Gifts.
To those only who referred fraud AMI eyasun to pro-
biy and lair dealing, IA The applications of lcir pro-
perry 10 the discharge ol n line imposed Tor criminal
offence. could the l9h section of the ball have been
applied
But Is sad aSsuls and batteries though kre ch,s
oithe law, do not. most other ofcnccs. imp, nuv
mora, iurpiIude those no commit them :and vet
they not exempted from the operation thai
ton. True they not But. IN regard offences
Of that kind. have already shown that the might be
disposed OF under the provisions Of the hill thai
tanned the section objected To, in different ways
LIST BY plea ofgul before a Justice of the pcacc
2dly. BY an'cahc agreement and compromise bet
wecn the parties Then, IL these methods of jusment
failed prosccuIi n by Indictment WIS discouraged
by the provisions that required the prosecutor endor
the indictment for COSTS and the purity accused be re-
cognised To appear before the court.
Un!cr these varirus regulations. obviously inicn-
ded, indeed their effect To discourage prOseeu
lions Of assault and battery but few eases aud hoee
only of an aggravated KIND, which the parties could
not arrange before magistrate settle bet ween
themselves, were ever likely to he carried into
court.
Suppose, however, person imprisoncd ON nc cot ut
Of fine for assault and baticry-an event that cond
never occur under the Legal enactncnts to which 1
have referred without than ordinary degree of
dcliHIucscy-he could nevertheless. procure his
enlargement 10y any Of the means before indicai od
And ifhe didnot avail himself Of them, but chose
rather TO be disposed of under the 18th section would
clearly be his own fault
In conclusion of my remarks on IN brat "A of the
case. would ask gentlemen compare the 9Th with
the lIih section with views TO adjust their relative
claims upon appreciation. III aIn noi greatly dc
ceved, the latter action conicrS power mo re like.
ly to prove dangerous and oppressive OK ercisc
than the former and YET IL passed by II sil0n te aud
without opposition from any one.
Finally, what the offence Of Cicn'l Harrison in
The premises? Why sir. ia 1921. the IIOtse Of Rep
resenatives OF tho General Assembly of Ohio pa ssed
certain bill, by of one and semi il 10 th,
Senate, where motion made To strike out n par
iculaT section, and Gen HARRISON. with other intei-
gent and patriotic gentlemen voted against the motiun
And this, # YOU will believe me- is his offence A
vote given nearly twenty years ago against rejecting
proposition that had received the deliberate sanction
OF an immense majority Of the immediate representa-
lives OF the People. aud a question concotning
which different opinions and might be very in
nocenlly entertained brought forward as mat.
ter oigavc accus alton, and that ought arouse
the whole American People with apprehension lee
the safety of their liberties. On the CONTRARY, / ha
be greatly mistaken II they do with nc regard =
whole affair nIlerly pallry and insignificant a
though no discussion required TO yindicate q
vote Cen Harrison gave, yet explanation SEEM
cd To be necessary Ia correct the mSreprese
iatons PrOp1gaed in regard il; and that correction
II 10 believed has been eecualIy applied by pla.,,
statement, showing what that was. and the cir
cumstanccs under which IL giton.