Washington telegraph., 1856-06-25
nag We take pleasure in enabling Mr..

R@ We take pleasure in enabling Mr..
CAN'T to set himself right before the
public. Certainly no injustice was in
tended on our part; and we cannot help
thinking that the next Legislature would
act wisely in paying some regard to Mr..
Gantt's suggestions:
EpITORs OF THE TELEaRAPH-I see
by an editorial in your paper of June
18th, that you, unintentionally doubtless,
do me injustice in stating the reasons for
the opinion gave in regard to the pun
ishment of CaldwelPs negro for the killing
of his child.
You say that I was applied to, and gave
it as my opinion that the negro boy was
not amenable to the criminal laws con
account of his extreme youth." In this
YOU are laboring under a mistake |
said that under the laws of Arkansas he
could not be punished, and based my
opinion upon sec. 4, chap. 81, OF the Di-
gest, under the head of Criminal Law,
which is as follows, to wit: "An infant
under taoeLue gears of age shall not be
found guilty of any crime or mtsde-
meauor" This statute is plain and un-
equivocal. 1t contains no reservation,
but directly alters the Common Law,
which, prior to the passage of this act,
punished all persons in this State, over
seven years of age, for the commission of
capital offences, if they were doll capa1
and could discern between good and evil.
L would not hazard the little legal reputa-
tion l may possess, by stating that an In
FAINT which gave SO many indications of
| cunning, of clear understanding, and of
fendish malice, as this one did, is not
amenable to the criminal law "oa account
Of his extreme youth." By all the rules
of common law, he has shown himself a
full ,grown man in crime, yet the statutes
of our State say he "slaU not be guilty."
&C., if under twelve years of age.
1t is fact we'll known to the legal pro-
fession, that at common law, a person S
capacity for doing i'll, or contracting guilt,
is not SO much measured by years and
days, as by the strength of the delin-
quent's understanding and Judgment
There are cases reported at common law,
where infants of from eight to ten years
of age have been punished for capital
crime In these cases, the malice being
ezpress, supplied the want of years. Yet
the General Assembly of our State have
clearly altered the common law in this
respect, and made tacekUe gears the low
est age at which a person can be found
guilty of any crime or misdemeanor. So
we see that under our statute he could not
be punished, as he is under twelve years
of age; and under the common law he
could not be punished, because, as before
stated, the General Assembly have altered
it. See Dig, page 255, Sec 1.
give it as my opinion now. as / gave
it then, that (without regard to his age
this is case which calls loudly for pun
ishment, but one in which the execution
ers of the law are rendered powerless by
the strong arm of the Legislature. The
unconditional repeal of this law should be
strongly recommended to the next Legls-
lature. This is the second case of the
kind (the other being white boy that
has come under my observation during
my term of Office in this District, where
a jury of twelve men would have been
warranted in finding the parties guilty,
as persons of sufficient understanding, yet
where the Legislature has, by its solemn
enactment, already declared them not
guilty, as being persons under twelve years
of age.
Believing that no injustice was intend
ed me. and hoping you will extend to me
the columns of the Telegraph for this ex-
PLANTATION,
l am your obed't serv't,
E. w. CAN'T.