The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1860-04-20
CRIMINAL LAWS.


Of time comparatively short, and ike
most revelations, we appear determin-
ed, starting from one extreme to reach |
the other before pausiug. Indeed, we
are not far from it now, and it is time
We haul mp and retrace our steps so far
as to put ourselves into thejRste nsit'es'
the golden meaning, where truth, right
and propfiety generally prevail.
The time was when the trial of prs
oners was conducted in a harsh and
brutal matter; when counsels were
denied them; when punishment was
ont of aIl proportion to the nature CT
I the crime committed when death was
even the penalty for two hundred often
sas. We need only TO mention the
name of Jeffreys to call TO mind this
period of the code Draco, as it was ad-
ministefed in England by that infamous
wretch, and many others, though of
| less bloody and fetoeious disposition.
This code naturally enough excited
| disgust and horror, and humane men,
both IN and out of the profession of law,
ceased not to war against it. Gradually
these riyors were softened down; the
list Of oifenses for the preparation of
which capital punishment was provid-
ed became less and less; the prisoners
rights were enlarged, and penalties in
/ general became less severe. This reform
was 10 strict accordance with the pro-
| gress of civilization, with the passage
oftime which witnessed the subsistence
of legal and regal brutalities, and the
appearance and reign of humanities. It
was The triumph of reason over mere
force; of law over tyranny of regu-
lated freedom over the despotic caprices
of irresponsible power. 1t amounted
to this ID some sense even in England,
while in this country after the Reyolu-
ton the reform was pushed still further
Legislatures, composed in great part
OF members of the legal profession, hay-
ing a through detestation Of the rigors
of legal despotisin, took specia! pains tc
hedge the prisoner round with multi
fplicity Of privileges, 50 as to provide
against even the possibility of an un-
just conviction. They took the ground
that it ii better that ninety-nine rouge,
should escape punishment than thai
one innocent person should be convict
] ed---a proposition which we are not
disposed TO controyert. But the spiri
E Of legal and penal reform did not STOP
here. Communicating itself 10 the mas
of the people, the inquiry began T.
arise whether any punishment is allow
able which does not regard in chief th'
good Of the punished, and taking grount
J against capital punishment in any case
whatever as "relic Of the dark ages
The legislatures of some of the State
became impressed with the propriety 0
!, this sentiment and abolished the deatl
: penalty. The public sympathies seem
q ed to center not upon the victim VIII
Suffered at the hands Of another, bu
! upon him who perpetrated the crime
: The dastardly, cold blooded murdere
became sort Of quasi hero. Learne,
/ counsel volunteered TO defend him an,
d talked eloquently about the rights c
! his client, and intimated that to han
3 him would be a great outrage upo
t justice. which could only be Statistic
d according to their logic, by turning th
2 culprit loose as a rather injured individ
ual. Legislation in the meantime,
,e keep pace with the popular within. pre-
:. vided numberIess ingenious experiment
!, whereby justice could be defeated, an
j. the blaek-hearted scoaudrel sent on hi
Q rejoicing, endorsed mot guilty. Of an
) otfense sgainst the lives and rights
= others, or peace and good order
= society. This too, when it was know
: that the endorsement was lie {; til;
+ 4 he was guilty in substance of the yer
) crimes charged against him. The gres
object 10 this legislation APPEARED to
K toget the villain clear. Every thin