Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1840-08-13


s''inus and haoirusd hind lor cnuiI no. .e o.
''ed NAM one oilUe following cases.
/ lhosc Who nd ,ii.i,icu means 10 d,srh a., the
hhe aid costs al prosecution; ior 10 such, they
""H'u O. course relieve themselves At "lc,, b, IA l.
ing "a, ment
= These who were p'or anl destitute iOr they
couh pr'cnts Their discIiarre irum PRISON by making
appear 1" tie saiisiacito oi the bard couny
WisHniers That They were unable pay according ~
the 31tA scctlou.
,. Nor could extend 10 those who myhi ~ ~Illin..
pay Ihe iia- ~ labur the highways. aevOr-
ding To the Provisions VI the 10th sccIion already
quoted.
1. Nor To- those whom the court might 10
hard labor under the prov lslOns of the sh
before referred To.
, And, lastly It could by possibility reach the
ease OF an honest man.
Then whom would IL operate. YOU will ask
SIR viii tell YOU whom would opc would
take effect II intended IL should ON that class
OF sturdy offenders who, by iraudulcn sale or
ceaimeni oil their pr"perity had placed be, oud ihe
reach oil execution, thereby adding 10 their original
offence the perPeraiion of "a fraud Persons uf this
description having property. hut refusing To surrender
At up or apply II n payment s their fines. c,lnld not.
ana ought not To bo relieved persons unable iopay.
/ No one can fail to that the 37ih section Is cru-
prehensNe enough IA as rem,d a provision embrace
the case OF every offender Who docs not by his own
fraudulent act deprive himself or its prc(lered bcr-
ehtS
To those only who referred fraud nnl cya,pn To pro-
hiiy AMI fair dealing. ia the application oi their pro-
perry to thc Discharge OF line imposed for criminal
offence. could the 18Th section OF the bill have been
applied.
But it is saId assus and batteries though hre chcs
ofthe law. do not. other Offences impl, any
moral turpItude those who commit them and vet
they exempted ruIn the operation at that see,
ton. True. they But. in regard ID offences
ut that kind have already shown that hey might 10
disposed ct under the prov of the hill that con
lit. By plea orguy before a justice OF the peace;
Idly. By amcahc agreement and cons runis.. bet.
wecn the parties. Then, II these meihOs at al usinent
Jailed, PROSECUTE "a 10y Indictment discouraged
10y the provisions that required the prosecutor endorse
the indictment for costs, and the party accused DC
cogniscd 10 appear before the court.
Jn-cr thcso various regulations, obN iously intcn-
de, as indeed their effect was To discourage preecu
iiuns OF assault and battery but few cuses. and those
only oil an ~ smNlicd knd, which the parties could
not arrange before a magistrate settle hot u ecu
i. themselves, likely to be carried into
/. court
Suppose, however, person imprisoned n cot at
of fine for assault aud blticrv-an event that cos
never occur under the Legal enacImcnts To which
have referred, without than ordinary desreo
deliaquency-he could. nevertheless procure his
enlargement 10y any of the before indicai sd.
And ifhe didhot avail himself of them. but chose
rather To De disposed Of under the 18th section il would
clearly be his fault
/ In conclusion of my remarks tn braac IA oi tho
case. would ask gentlemen compare the 9Th viii,
the l1Ih section with Views adjust their relative
claims upon our appreciation. Ill greatly de
ccived, the latter action cuncrs power far like
y to prove dangerous and oppressive lis crci>e
than the former. and yet passed 10y silent vote and
without opposition from any one af6f ,e,N
Finally. what Is the offence uf C;cn1 - cl-U
the Premses2 Why, sir, ia 1921. the io So al Rev,
resentavcs of the General Assembly of Ohio pa sSe,
certain bill. 10y vote OF one. nfd 1t To the
Senate where a motion was made 10 strike out par
icular section, and Gen Harrison. wi other intc
gent and patriotic gentlemen, voted agas the miun
, And tins, At you will believe me. his Ollencci 4
N"ie given nearly twenty ycans ago against rejecting a
proposition that had received the deliberate sancti,st
OF an immense majority of the immediate representa-
uVes of tie People. and a question cuuccrnir,.
which Different opinions and might he very IA
nocently cnicrtaHbcd brought forward as mat
ter of grave aiOn. aud that ought arour,,
the whole American People with pprchrusiORs Tor
ic safely at their liberties. On the contrary, ma
lee greatly mistaken if hey do with regard the
whole affair utterly paliry aud magnificent Al
though no discussion required To Wind icaIo tho
vote Gen. Harrison gave explanation seem
cd lo be necessary tho anton
aiions prOPagacd IN regard II; aud that corrrrii
II Is believed. has been eIectuay applied 10y plain
statement. showing What That was and the cir
cunsances under which il was ,en.