New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-09-04
NOVELTIES OF CRIME.

1t is curious to notice how, as public exigen-
cies demand new statutes, criminal jurispru-
dence assumes new phases, and, while adhering
to its scientific theories submits to continual
variations of detail. 1t is the test Of legal phi.
losophy, by which in the hands of enlightened
administrators it is never found wanting, that it
can, by faithful adherence to few smpleprin-
ciples, accommodate itself to every social want,
and with flexible equity restrain and punish
new crimes, just as it restrained and punished
old ones. There can be no alteration in the
law of evidence, nor in those general limitations
which always control judicial inquiry, and save
its sternest DEGREES from the imputatiOn of hard
ship. But when Nation is striving for its very
life against treason, it is found that Of all
wars, that which is called civil, is
the most exorbtant in its demands upon
the public patience, in its invasion
of personal rights, in its disregard of private
hardships, and in its summary dealing with the
guilty and even the suspected. OF this we have
had, during the dark years Of the Rebellion,
sufficient evidence. While the number of purely
military ofcnses has been inevitably multiplied,
there has been no limit to gnasi ofenscs Of the
same character. 1t was said Of the late Mr..
Justice Story, that so fond was he of admiralty
law that he claimed jurisdiction in every case
in which there was so much as q pitcher Of
water During the late war, the military courts
have been very dexterous in finding military
side to whatever ofense they cared to recognize
and punish Casting loose from the safe an
chorage of the statutes and the common law,
the camp-courts have claimed authority
in every case in which it was con-
venent to assert it, and have hung, shot,
imprisoned, fined and confiscated with
rigorous rapidly. We cannot help expressing
the hope that, with returning peace, and with
the public safety assured this summary style OF
procedure, which is still worse when it is not
summary but long-drawn, is pretty much over
We shall not be satisfied until the regular
courts of law resume their full and paramount
authority, and we have once more the blessings
of jury trial; for not until then shall we feel
that the Rebellion is really over. With return
ing peace, there are many ofenses which will,
by limitation, necessarily disappear. Deser-
ton, bounty jumping, evasion Of the draft en-
ticement, are crimes created by the war; and
swinding contractors are n0is0me brood en-
gendered by the same cause SO, too, we trust.
are those cases OF aggravated personal
violence which have recently disgraced
the land But, for long time,
the changes which have been made in the
monetary and revenue system of the Govern
ment will necessarily continue to augment the
aggregate of crime. While the whole currency
of the country is of paper there will be vast
deal of counterieitng. This will probably de-
crease as the small denominations are with
drawn from circulation, and metallic money
takes their place. Some changes will probably
be found necessary in the manufacture Of the
bills of the National Banks; but we can trust
to ingenuity and experience to battle any very
dangerous limitations. The public eye will
every day grow more and more skilled in de-
tecting spurious notes, until everybody will be-
come familiar with what are now inappreciable
differences. Frequent detections and convictions
will diminish the number of counterfeterS as
well as the appetite of new men to take their
places.
Frauds upon the revenue constitute another
crime almost created by the war. Southey says
satrically of dead merchant, that "he swOre
no false oaths-except at the Custom-House."
There were no income taxes then. While the
Government continues to draw its main revenue
directly from commerce and manufactures, we
must expect that unprincipled men, greedy of
great and swift gains, will exert their utmost
ingenuity to deiraud the Treasury. The
niggardly will report the smallest possible in
come The whsky'maker will set up private
still, or establish confidential relations with the
gauger. The beer-brcwer will grow more stupid
in estimating the extent of his production than
those who swill his commodity. In other de-
partments OF production there will be a great
deal of false swearing, and many men will prove
ill-iniormed respecting their own
private affairs. This is the inevitable result Of
extensive and various taxation. As the
Treasury is forced to employ an increased
number Of agents we must expect many addi-
tons to the fugacious company of the de-
faulters But, with an honest Administration at
headquarters, sharp to detect fraud and resoute
to punish it, careful in its appointments rigid
in the examination of its securities, and
prompt and memorable in enforcing lis bonds,
we shall gradually secure an excellent and
Trustworthy class OF public servants, in whose