Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-11-21
OUR CRIMINAL CODE.

OUR CRIMINAL CODE.
How IL should be Changed-A Sugses.
tiOn by an Experienced Attorney.
To the Editors Of the Union and American.
viii you allow me space in your
columns to make respectful suggestion
to the Legislature now in session
Our Criminal Code should be MATERIAL
ly amended in reference to a certain
class of officers. Confinement in the
Penitentiary is punishment totally I'M
suited to a large class of our population.
Under our present Code, grand larceny
is steallng personal goods over the value
of ten dollars, aad is punished by con-
finement in the Penitentiary not less
than three nor more than ten years.
Petit larceny is stealing goods not ex-
ceeding ten dollars in value, and is pun
lshed by confinement in the Penitentiary
not less than one nor more than five years
the jury having the power in petit lar
eeny cases to commute the punishment
to confinement in the county Jail.
Since these laws were made, great
changes have taken place in our popula-
ton and to make no corresponding change
in the law, is to attempt to put new wine
into old bottles, which we have very
high authority for saying, cannot be safely
| done.
Ali our late slave population has been
suddenly emancipated. Before their
emancipation, whenever they were gull
ty of stealing, they wero punished by
being whipped and that was the end of
it. This mode of punishment passed
away with the institution of slavery,
and now when colored man steals any
thing he is arrested by a warrant, COM
mitted to jail by a magistrate, where
ne has to linger, perhaps, for months,
awaiting the Circuit or Criminal Court |
for an indictment to be found, his family |
meanwhile losing he services; and when
the court meets aH4 the indictment is
found, panel Of forty or fifty men has
to be taken from their business to attend |
the court. If the defendant is found |
guilty of stealing articles of over the
value Of ten dollars, he goes to the peni-
tertiary for at least three years, and his
family in all probability becomes charge
upon the county; his board bill in the
Jail and the expense of his trial, orcourse,
have to be footed by the public This is
becoming a most onerous and intolerabIe
nuisance and will work the utter bank
ruptcy Of many counties in the State #
a remedy is not applied
[ would fix petit larceny at all sums
not exceeding fifty dollars, and would
empower Magistrates to try said offenses, |
giving to the defendant the right to de-
mand jury if he wished one. That the
punishment be fixed by the Magistrate
or the jury trying the cause, by fine of |
not less than S nor more than $, and |
the defendant made to work out the fine
on the streets Of the county town or the
public roads in the county, or some other
useful public improvement. would not |
make one law for the coIored man and |
a different one for the white man, but
let the law apply to both. / merely wish |
to make this as a suggestion to the Legis-
Iatare. The details OF bill to carry out
this idea can be easily framed Sc as to
avoid. sill constitutional objections. All
candid men must admit that the present
system operates most OppressiVely upon
the public interest in many localities in
the State, and also upon large class Of
our population. How much better would |
it be to punish either the colOred or the |
white man guilty of petit larceny, in the |
manner above suggested, than to go
through the cumbersome and expensive |
process under the present system. The |
punishment suggested would have s
much more salutary effect upon the crimi-
nal than the present punishment for such
Offenses, and it would be much better for
the families Of such offenders, and cer-
tainly far preferable on the point of pub
lie expense. Then, why not make the
change in our Criminal Code at once L
respectfully, but most earnestly, call the
attention Of the Legislature to this mat
ter, with the hope that they may at once
give the subject their serious attention.
Some Of the counties 10 our State are
groaning under the expenses incurred
under the present system. Y.