The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1841-12-01

Bile to any Of the penalties ofthe law, ot
even to sthe consequences OF, imPeach-
menl, for. any of the ordinary abuses o.
the trust. The powers entrusted 10 The
Board of Commissioners, are not only OF
ii ministerial, but, to the extent TO which
they are vested, of lcgisldtive charac.
ter; and if they have, not been hitherto
abused, to The oppression Of the chizen'
is because the forbearance aud justice
Of tho officers, have im9osei:more saluta-
ry restraints, than the provisions OF the
law: IF powers Of the same character
! and extent, were conferred on a military,
or any other tribunal, accompanied with
lie sclfperpetuating prerogatiteSSo elect.
ling its own members, the liberties Of the
people, and the authority Of the govern
men.,, would be regarded as deeply endan-
gered or subvcrtcd. / do not know
Whether the effects of the present system
are most To- be deprecated, in the cxecra-
bic condition of most of our highways, or
in the caplicious, partial, and oppressive
exercise, H,snumerous instances, of the
most despoically and ubnoxiously admin
istered power, in tie State. II, therefore
the present system must necessarily be
continued, from supposed imPraeticabili-
ty of dcvising any other. | would. recon-
mend that the appointment Of the mem
bers of the several boards, should de-
vulve upon the people, at tsthe same time,
and under lhe same restrictions, as apper-
tain to the ofthcir Representatives.
If it cannut be inspired with a spirit and
energy for usefulness, let it at least be
shorII and dvesled Of its power and ten
dency to evil. Icannot trust too I'm.
pressirc1y invite your attention To. y sub,
ject Of so much practical importance; and
while the improvement of the roads, zas
ole of the indispensable means Of adPanr.
ing commerce, has justly been regarded
in all ages Of the world, as the evidence
of increasing prosperity and. civilization,
the patriotic emulation which am sure
you are always ready to manifest in
promoting the public veal, viii 'direet,,
your most scdulous eXer!ion to the ini-
pruvemeut of our own. -,
The revision Of our criminaizlaw, in
many essential particulars, is rplniFed by,
the dictates Of policy, as we u as of hu-
manly. The effects of the. time and cir.
cumsiances, have produced. so many mo-,
tlifications in the character Of some crimes,
that it is dillicuIl,iH many instances, either
to procure convictions, or enfurcespuEiSh-.
ment. Where the pcpally exceeds the
sense Of public justice, OF where the feel
ings OF commiseratioa for the culpfit over
power the apprehension of consequences
10 the safely or interest of the community
neither the wisdom Of The Judiciary, or the
frmness Of tho Executive, can prevent II
law from becoming as obsolete as ills obi,
Gus. 0fiIIis class Of cases may perhaps
be enumerated some of The lesser grades
Of forgery, the punishment Of which, az u.
capital offence, has gradually becn'amelip-
rated, even by the policy Of thesenaliens,
from whose commercial eSigencies, they
were originated. Were it teven necessary
10 have exceeded, in this Instance, tie IN
fictions of the divine command, in The
enumerated offences, TO be cxpiated by
death, II is hoped that the force of thel
necessity has gradually diminished, under
the influence Of time and circumstances.
The trial ofslavcs for capital offences.
in the ordinarily summary mode Of pro-
cess, and in The midst of all those circam-
stances of excitement liz which feelings of
partially or Of prejudice are su~apt 10 pre-
dominate, must be ainriltedto be capable
of producing lhpsc peryersions in the adj
.ninistra,ion of justice, from which the
rights of humanity aud the interests Of
property should be protected. Within the
small circle Of neighborhood communi-
lies, so easily swayed by passion or feel.
ing, vindiciivc motives to the muster, may
! sometimes ccnduce to the punishment OF
the slave, willie the influence Of popuu:-
lar rayorile, OH the other liand, may De
successfully exercised to cxienuate Inc
crimes of the cuIpril. The result OF my
reflection and experience, therefore, IN
duccs me to rcilcrale the recommendation
of one Of my predecessors, to alter the
present mode Of trial, to a jury Of twelve
lrcehoIdcrs, to be assembled at The court
! house; and the prosecution IL all cases
! land the defence when pracicabie)- t" be
/ conducted BY counsel. The convenience
Of the Parishes, remote as some Of them
are from the seats OF justice, may readily
be accommodated by special provlsIons.,-
If, in making this recommendation l
la.