The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1859-06-04
For The Coed lTh,g.
Law Reform.

;
issue.
There are few questions which so intimately
affect the whole people as that Of Law erurm
and none which demands so much care The
object Of government is the greatest good to
the greatest number and in its formation each
| citizen parts with a portion Of his natural
! liberty, SO that 10y this surrender system Of
government may be established which Shall
more securely protect the lives, Liberties, aud
characters Of the whole Community. Laws
which impose Il wholesome restraint urcn one
class Of citizens for the protection of the
whole body are strictly within the spirit Of
good government, Yhrlc those, which from a
false fear of inf inglug upon the liberty of our
cIIzcnS, or ono class Of citizens. permit the
violation Of the RIG Its Of others are as tyranui.
cal and oppressive as the tdictS of the Gar
Alexander or the Emperor Napoleon.
To illustrate these vlcwS, Let us glance for
II moment at the Law Of Ll3rl as now admin
lsercl by oar Counts, the sole OH, ct of
which is the protection of the character of the
citizen. In natural state Of society,
unchecked by any legal restraint, We may
say that every man has tie right TO use his
tongue, or his pen, or his press and types, as
| he plcases: they belong to him, and he may use
them in the mode most agreeable to himself
But at this point steps in the Law and while
1t recognizes the libuty of speech and the
press, it says to the citizen. these shall not he
| m'SuSed SO as to interfere with the rights of
others. The characters, OF the citizens Of a
STATE, are as much entitled to protection, as
Their lives, or property: and while the state
IMPOSES no useless restraint upon the actions
OF men but leaves open the whole range of
industrial pursuits for their legitimate occu
patton, 1t says to ll,m: you shall not inter
fore with the rights, or liberties Of the people
OF break down that character which is dcaror
to them than life, and which no wealth can
purchase We have laws for the protection
OF the persons of our citizens which are daily
enforced with little or no complaint from the
offending parties. The ruflan who strikes
down his neishhor accepts :he punishment
proportional to the grade of oilcnsc which he
has committed, as the penalty due to his
crime, but when some better dressed rutIiian
whom accident has placed in the position of
resi- ectahllity, strikes down the character Of
his ncighbor or his ncghbor's wife or daugh-
ter, then, he is to 20 free because he haIpcnS
to control press and types, and we arc to
have our Laws reformed so that he may
escape the punishment which his violation Of
Law deserves.
Great changes have been mad in the Law
Of libel since lhr days Of the Star Chamber
or even since the prosecution OF Woodfall t.
The truth Of the !Ihcl may new be given in
justification. and ihe principle of the Fox
Bill, which II axes the Jury judges of every
essential ingredient Of the of n>r. las been
rcco- n'ztd in almost every state either hv
legislative enactment. or by judicial inrerple-
lalon. What new reform is to be made in
the law Of libel The great battle between
the Crown and the People was fought on the
Other side of Il e ocean many years ago and
The people triumphcd. The right Of every
man arraigntd ON the charge Of libel to 5c
tried by Jury Of his country and to have
not only the question of publication but of
malice and Of cycly other ingredient Of the
oilvnsc, passed Oh hy that jury is fully cstab
llShod. II is no longer necessary to mis-
quote the old ballad, but Of NaLderlord We
may most truly say
= For twelve honest men have ,ci,I,l tho cans,
no are both judges of fact and judges of laws "
But these new advocates Of Iaw-RrC,rm
Bradley johnson and Henry Nand,rn1 .Jr
are not satisfied with thus time. honor, 4 in,ll
tuition Of trial by iury. and because ..iwr,y.
honest men" will not ncriuc themselves ,u
save Eaudc, ford fran tic ,,op,ltr ,CLi,nG,.,-
scs, these rcp,lcm., want rhr law - f,rn,,l
and a new tribunal rrnrt,a TL,. ur.,, ,t';'o,
soupht for l,v the rr;,rd. ,r G,.1o,n ,,,,,.
first to obtain fine ,irh, Of trial H., inv, g..
afterwards 70 ,r,s,rypi r,Gm ,l, on,,,,o, r.
The con,,s lut hcrn is ,,.,, u.L, In,,n,'r,. -
this very bulwork Of f,ce ;ns,;,nI;nn. 49, ~
%. instrument Of ,|r,,o >, I ','. I a." '''
for some o,be, ,i6unnl 60 ,bat hn nov "ro'y
rich by II Q printing If lin, ls
1t IS POSSIBLE that BRADLEY .Joh,so, ncvcr
saw tie nam,hl,t for ,hc y,,,nt;,. o,,i nnl,.
LEGATION Of which Vundc,,n,d wns ;ndi.,,d
and found gully. or he would nor h,yn s,;I
that it was printed i.unI,r circumstances
rendering it impossible that the nrin,c,
intended il as ljbcl.n The romnla;nt ,h,i
we hold our lives onr Ehartio, AMI nnr
fortunes at the mercy If 81 s;nnle .JnIro onI
AN uuskillrd inrv y,;,tcl IN srch Ella r;,,,
capilals in The D,uoc,ot wore II ernn
proper subject for cyrpn,;nn cannot he t,lrn
ADVANTAGE of bv Henry y,rdnrrnrl or Rrad
lev johnson. Tho i,w which nn,s n,,,
courts in the hands If ono .InInn anl nol,as
an " uuskllr1 ;urv" iud~aS If Law anI f,o,
is found in the new Constitution winch wnS
not only advocated and ardoreaI L,, ;n,l,
| these men. hut acains, all ch.nmo in u.L;nh
they clamored more loudlv ,l,n ,Lrv now IL,
for Law Reforms. But like Jndno p,;.o,s
charge and the 1873 indictments hr tho Grad
Jury. these nrovisions IF Ihn re,y co,,,,;,''
! ton had not then af.,c,,d Henry von1,rC;rI
So long as Other people were the sufferers il