The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-30

JUDICIAL REFoRsl.

|
ment may we'll be dispensed with, as the necessity
/ OF this measure Is acknowledged and demanded by
an almost unanimous public opinion, springing
from no temporary impulses, but from the pressure
| OF evils felt for years The very origin and pro-
gressive history Of our statute law could not fail to
! produce most imperfect homogeneous system,
whose practical workings would be but faithful
revelations Of its character. Judge Butler chair
man OF the Judiciary Committee, in report made
to the Senate last winter, says The great body Of
the statutes in force in this District the old laws
OF Maryland, passed prior to the cession and many
| of them nearly century before that event The
Legislation of Congress has not been directed by any
system tohateUer but has been irregular and impul
siye, striking at some special point, without regard
! to collateral consequences" Mr.. John Marbury,
] OF Georgetown and of high authority upon this
subject, in letter to Judge Butler, uses the follow
| ing language: Except so far as they have been
changed by the acts OF Congress, (and the in
stances are very iew,) the laws OF this District
| are now what the laws OF Maryland were more
| than fifty years past The changes made By Con
greSs, So far from improving, haue made code Of
| iato instDtrGble. Such changes have been made
sometimes TO answer particular objects, without re-
gard to the interest ofthe people the District" The
! language of Mr.. Marbury, one OF the oldest and
worthies members OF the District bar, pronouncng
| the present system "insufferable," will not appear
harsh to those of you having had experience,
| jurors suitors, of its ruinous delays and bur
| densome expenses The question may be asked,
why has the community so patiently tolerated the
eviH The chief reason may be found in the auoma-
its political relations. Senator Butler, in the
| port above named frankly says ''I cannot be de-
| MED that Congress, occupied upon the more en-
arged theatre of national affairs. has not been
able fully to perform the special trust conided to
| il by the Constitution" Congress, in 1881, took
step forward Ia this matter and it has since been
from time to time agitated, was the last
winter. We seem, however to be as remote from
the attainment of the object as ever. In my
| opinion, the reason of this delay in the action
of Congress is that there has been no earnest and
well-dlrected effort emanating from the people
| or their representatives. Such an effort can no
| longer be postponed il seems TO me, without re-
proach to ourselves and injustice to our local egis
lature, the Congress of the United States, in with
holding from them authoritative exposition of
i our wants. In the necessity of this reform include
| not merely the CIVIL but also criminal law.
| The inequality and nsutficency OF punishment
| In certain classes of crimes Of which there are,
| doubtless, lagrant examples within your
| knowledge, isa most serious evil. The inadequacy
| OF punishment In those OF homicide which,
through the uncertain principles of the law, or the
| tenderness OF Juries, is reduced from murder to
| granddaughter, ID begetting fearful recklessness
of human life; hardened villany, with all the chan
of escape, cheerfully encounterng the penalties
OF the law, and, in the event of final conviction,
confident of expiating the offence by an imprison
ment of two to eight years in comfortable peni-
tertiary There also exists the very great evil of
multiplicity of petty offences, the trial ofwhch is too
long deferred. For these, parties too often sub
jected before trial to imprisonment in the crowded
Jail, breathing its infected atmosphere of vice. and
! in OF conviction, the slight punishment OF
which the offence is deemed worthy has re-
forming influence from its long delay; and perhaps
from COMMUNICATING associations in Jail, this petty
offence becomes the stepping stone TO crime. i
| am well aware that the introduction into court Of
| these seemingly triiing has been discour-
aged, but this will certainly result in encour-
agement OF crime; for as there Is no other tribunal
| it will be taken as a license for wrong. They con-
| stitute, in every community, large class of
cases, not sufficiently serious to justify the long
/ delay, dangerous consequences, and enormous ex-
pcnse which attend the trial OF them, but yet de-
| manding some restraining, reforming punish
ment, following quickly upon the commission oft
oienceit5elf cannot pass in this connexion the
| evil of gambling, which tits well known exists to a
frghtiul extent in this city. The present laws are
very stringent, yet they are boldly deed, and have
yet 10 know of single conviction under the Peni-
tertiary act. Now and then the fine of so paid to
the Corporation, small per cent. upon the gains
from the very victim who may have informed The
failure to convict does not proceed from any want of
vigilance and effort on the part of the officers OF
i the Government, when a case is brought to their
notice, but in the imposshility of proving the Of
fence and a last resort, the bail would be for
feted, and the evil in new hands flourish rankly
as ever. The remedy must be this, to invest the
Federal or Corporation officers with power to enter
these places OF iniamy, and in summary manner
to abate the evil by the arrest of the parties and
the forfeiture of all the instruments OF the game.
If nothing else be effected, let at least have
law enough which can be executed, 70 purge our
! most public avenue OF the nuisance Although the
! heavy expense of administering the criminal law
in this District does not fall upon it's citizens yet
it is but proper that this portion of the general evil
should be acverted to for the information and ac-
ton of Congress.
If, then, we are satisfied of the necessity of this
measure, and that il is demanded by public opin
! ion, let us earnestly present il 10 Congress upon
its own broad merits; let us reclaim hit from asso-
citation with any particular plan personal con.
troversy; let not ask for willing receive any
temporary or partial relief; let us firmly insist not
only upon revision and codification OF our laws,
but. il necessary, change Of the essential system
itself. 1t is proper that we should invite the
operation OF the authorities of Georgetown; that
with united purpose and effort we may seek the
contamination of this measure. And if SO, there
can be no doubt that the Congress of the United
Stalcs, acting not only the faithful conservator
OF our rights but also as the jealous guardian of ts
own honor, will extend to the seat OF Government
and its citizens what is the blessing of many and
the ambition OF all the States of this Union, a sys-
tenn of jurisprudence enlightened in ts spirit, sim
pie in its terms, and cheap in the facilities of en-
joyment
In concluding this communication, cannot for
bear to congratulate you upon the present condi-
ton, advantages, and future prospects Of our city.
It enjoys degree of health which compares most
tayorably with the healthiest cities of the world
1t ia exempt in great measure from a vicious and
disordery population; its police has been aug
mented i'll numbers and improved in efficiency. 1t
possesses well established sysem ofpublic schools,
which ia largely distributing its heathful currents
tnrou gno,is @ immunity, The Smithsonian In
stitution lie rapidly accomplishing the catholic
conception by its noble founder, accommodating and
dispensing, through lectures and other means, the
richest treasures of science and learning. The
presence Of the high officers Of the General Gov
eminent and the annual assembling OF Congress
exercises a favorable influence upon its popu-
laton, and contribute to give dignity and re-
fnement to It's society. The extent and value
of the improvements by the Corporation with
in the last few years, alec those by private indi
vduals exceeding in elegance and cost those of
any preceding year, manifest its general prosper
ity and onward progress. Among the improve
ments now making by the General Government,
the extension of the Capitol and the Improvement
of the public grounds arc more particularly deserv-
ing Of our notice. The former presents an event
which marks an III the history and progress Of
our country, not only of local advantage and inte-
rest to our city, but pre-. eminenty national in its
associations and Consequences; the latter, under the
cultivated taste Of the distinguished protector Of
the plan of improvement, opens new fountains OF
health and ofinsrucve recreation, not limited in ts
influence to physical comfort, but becoming, by its
substitution for other pleasures and excitements,
the source Of moral sentiment and culture
In confirmation OF this perhaps too partial opin-
, ion of the advantages Of Washington, let Inc pre-
sent in conclusion, the language of the orator at
a.