, 1873-03-14
Mr., REEDS BILL.

10 tho Editor Of The Chicago Tribune:
SIR: About two months ago there appeared
in your paper what purported to DO O. draft OF
bill prepared by 1Ir. Charles Il. Reed, to be SUBJ
mitted to the General Assembly OF the State.
7 am not aware that the Assembly has acted
upou this bill, or upon any bill Of similar char
acter. II am not mistaken in this, then the
oxpediency Of the changes proposed by Al1.
Reed is still an open question. am aware that
Mr. Reed has Ind large experience in criminal
matters, and that he, any one, ought to kno"
tho defects OF our criminal code. 1 sup
pose this bill embodics the lessons and
results OF his long experience and his sopor re-
aoction. He evidently regards the changes pro-
posed Us Of vital Importance to the public inter-
ests. The last section declares the insufficiency
Of tho law on the subjects embraced in the bill
to constitute an emergency" within the mean-
ing OF the Constitution, and recites that the
.scause Of public justice" requires the act to
take effect Immediately. I am unable to per-
cei7e. however, wherein the "canse Of public
Justice" would be promoted by its passage. l
am unable to perceive that it proposes any need-
ed reform, or that it tends towards moro en-
lghtened system Of criminal jurisprudence
This manipulating the criminal code is a deli
cate and Important matter, and no changes
ought to be made unless they are clearly for the
/
| meane perfect. On the contrary, regard 1t as
Astounding in irregularities. inconsistencies, and
| wrongs Its very foundation is error, Tor 1t Is
based on the old theological conception OF 4u-
mani:y, Tho criminal CODE can never % asa "nis -
changed, and brought into harmony With the re-
suits OF modern science. The day Will Jet come
/ when our present lava in relation to crime ana
criminals will be looked upon as crude and par
| barous, But that day is not in the present, and
it is idle to expect Of any Legislature any radl-
| cal reforms on this subject. We can only hope
| for some nnelioration.
The frst section OF 11r- Reeds bill provides
| Ithat tho granting Of change Of venue in criml-
| nal cases shall be discretionary with the court,
| and that p" The denial of change OF venue
! shall not be considered or reviewed in any other
court" It is no uncommon thing for Supreme
Court to regard the denial for change OF venue
ment on that ground. Shall this power be taken
| from the Supreme Court OF Illinois :? Shall q
person accused of crime be denied tue right te
have the question reviewed I ~ shal d,s.ro ans
ton Of one man : It needs no argument to shoy
that the prisoners right to change OF venue Il
m important one. A person accused OF crime L
placed in dangerous position. Tho detectlve
the hight man. The press at once assume tha
he is guilty His arrest is announced as TIL
capture Of the man who committed such or suc]
" a crime: He is spoken OF as though he ha
,, been already tried and convicted. ~
OF the ofrcnse charged. The popular indig
nation and resentment excited b g great t. er1m Eg1
are a1S ehafead HitS It's Commission Tho
sumption of innocence is never thought Of
The whole community become impressed Wltl
his guilt. The trial is regarded as proceedin:
: handed down from the barbarous ages, given "
mainly to the building Of lawyers md the prac'
tico Of empty fornalities. The intensity .
is in proportion to its proximity to the plac
where the c1imo was committed. Hence 1t l
TINT, the further the trial is removed Iron
to be fair and impartial In 3 com
, munity which feels resentfu1 towards the pria
oner; which is horrihed and apprehonsivo fror
| the recollection of the crime charged againe
him. which has BEEN '1a 70 S, sdk ~ an an
. preiudged his case,-1n such community u
9 can have little hope Of Justice. Especially
! this true in capital cases, where the poopula
l feeling has shaped itself into clamor for blood
venue is OF vital moment to the accused. It
q RIGHT, too, last OF all in which the loc,
9 Judges should be allowed to pass, fin
Z Judgment. He is man, with all tn
. emotions and suBceptiblltles OF otht
$ men. His mind may be unconsciously imbue
Q with the popular feeling, and unconsciously o
a fected with prejudice. He is also subject to th
}, veaknessos of other men, and, being an e1ecti'
q officer, the hopo ot reelection may dispose hi
II to cater to the popular clamor.. The granting
J, withholding change Of venue is . question upo
P which the focal Judge is peculiarly liable to OF
7: Tie right to havs Lis decision reviewed is,
safeguard to the Innocent and but Justice to Il
g guilty know o. no good reason against Il
d fnyor of it. I therefore regard the change pr
3narnedient. CLOVIS.
'nSapsu3oIi oa1eAao, March II, 1873.