Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-01-03
Par Ne Engniru.
HINTS ON THE CRIMINAL LAWS O
YlRGlNlA.-fNo lii.
To tic Legislature

To tic Legislature:
Having, in November, shown Won how much
the escape Of guilt from justice is promoted by
our Examining Conrfs, By the Marncr0f Summon
ing jarics to Try feonS, and by the ,lcessirc nHm
her Of arbitrary challenges allowed them; ceased
10 write, only for fear Of oblfuding upon You
more than my share Of the suggestions with
which, We out oCdoor advisers, commonly tire
the attention Of The Legislature: not at all for
lack of other defects IN show, and other amend
menls 10 propose. Not al all. For years have
been noting, in our penal laws. Inconsistencies
and defects most glazing, which meant al some
time TO expose. They would occupy several CO.
lumnS Of newspaper.
Sometimes the lawafiixes screrer punishmen.
TO small offence than 10 a greater enc. Some
times il is unreasonably rcspecer OF persons;
and hears with oppressive weight and deep injus-
tice upon one class, for offences, which in another
class ii visits with dove-likc mildness Two Of
fences, at least, which strike at the foundation Of
morals and Of domestic peace, are threatened With
penalties ludicrously lenien; AMI even that threat
is made impo!en hy requiring two witnesses 10
prove the crime. At least one offence is made
heavily punishable, 50 unnatural that a human
being would scarcely dream Of it, il the law did
not put il into his mind. And al least one often
occurring, for which, in some cases. death would
be not too severe, has no punishmcnt-is not even
forbidden!
For several, If not more transgressons, i is
difficult to say what is the lawful punishment, or
what tribunal shall infict il: dficnt, even 10
lawyer-how much more 10 magistrate. Not
few of these perple1ities grow from our rcien-
ton of The clumsy, puzzling and dSgraceiul
phrase "Beneft Of Clergy" others, from the
thonghtlessness or ignorance, OF those who penn
ed the laws. For instance, can any one tell The
penalty for slave or free negros robbins in
field, not near any highwayl And when, cola
ting the sAct concerning Benefit OF Clergy. with
$ or 6 other Acts, and case in f,h Leigh, he.
has with labor decided, that the free pore |
shall 60 10 The Penileniary for yeage should /
Gas white man would,) while the as the Court .
"suffrr such corporeal puniaerpreied 80 lashes
should think fit,' whichsuch offence, the slave
but that for a Sc free man is only sen; 10 the
is hanged, wtG;r life: then waving these ncon
PenitenE',- ask If such o.,scurity in auy laws,
siS1css penal laws, ought 10 he tolerated |
in a country like this7 In Rome. even under |
the Caesars, the laws were displayed in public 81
low as 40 be plainly read from The ground" and
i, was a refinement of Calsula's tyranny, 10
hang them too high TO be read, and then punish
their violation Have not your predecessors been
equally unjust? Again-hy general law
RI R. G. 6l2, 4sl the fine for m'sdemeanol is
10 be assessed by jury But Inc law OF limited
partnerships Acts Of 1887. c. 81, l?l subjects
fraudulent partner to sine, or Imprisonment, or
both at the discretion OF the Curt on wt,ch he shall
be TIED" Now, is the Court, or ajury, to assess
this fine -,
These instances OF darkness and doubt are |