Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-10
rHE RUTLAND HERALD
HAsTY LEGISLATION.

Yesterday morning, COutttlhSu q 0toi Vim
announcement, and one which will be
ant to awaken the people out OF their
feelings of fancied security. The dis
patch to which we refer was based upon
an article in the New York E0ening
Telegram, of Monday, and was to the
effect that the statute of that State,
which Rosenzweig, the notorious abor
zionist, was alleged to have yiolated-the
extreme penalty for its violation being
seven years imprisonment in the States
prison-had been '1egislated out of ex-
istence"-the English of which, we pre-
sumo, is that the statute has been re-
pealed. 1t is an undoubted fact that a
new law has been enacted, which is now
in force, making such practices, when
attended with fatal results, punishable
with death. The dispatch goes on to
say, referring to the fact that new
trial had been granted to Rosenzweig,
that he has not been reindicted ''and, it
is believed. cannot be" In reference to
other cases, it also, says Stokes,
Simmons and King will, it is supposed,
escape the death penalty through the
new law, requiring proof Of deliberate
intent to killfor conviction of murder in
the first degree" In reference to these
alleged extraordinary state of facts,
there is, or seems to be, two separate
and distinct statements made, which we
shall briefly consider, the last of which
cbo1 Il toIya nm
If Stokes, Simons and King % escape
the death penalty" as sit is supposed"
ii will not be on account of any new
law Their escape from the death pen
atty will arise, if at all, from failure of
sufficient evidence to convict, failure
on the part of the several juries-who
may be empaneled to try them or
either of them-to do their duty, or be-
cause executive clemency may be in
voked in their behalf. The crime, for
which they will be tried, will be as de-
fined by the statutes of New York at the
time the crimes were committed. 1t will
be the same in the case of Rosenzweig.
The writer Of the article referred to, and
ing the dispatch failed to remember that
there is no power in the Legislature of
New York to change the nature of a
crime, after it has been committed. The
constitution of the United States, as,
also, that of New York, expressly pro-
hibits the passage Of eg post tacto laws
AS applied to criminal laws, this simply
means, that legislative bodies shall never
undertake to make the nature of an act
different from that in which it was con-
mtted. For example: If the law re-
cognizes John Does right to take the life
of Richard Roe, in a duel, conducted
under the miscalled code of honor"
and if he does so take his life, the law
making power cannot, thereafter, make
such a taking of life a crime, so as to
apply back to the actual time of the kill
ing Such a law would be an absolute
nullity. Laws can apply only to acts
thereafter committed. If, under the
laws as they then existed, these individ-
uals committed crimes, they can only be
punished under those laws. 1t may and
does, sometimes, happen that the Legis-
lature takes away the remedy. That is,
1t makes new definitions of crimes, and
establishes new penalties therefor,
which, unless there bea "saving clause"
AS it is prevents all attempts to
punish crimes The old law being abso-
lutely repealed, and the new law not be-
ing applicable-on account of a cOnsti-
tutional inhibition-the criminal escapes
punishment. The "saving clause SIM
ply declares that the old law shall re-
main in force for the punishment of all
crimes committed Hereunder.
This brings us to the second consid-
Grafton. 1t may be true that the new
law of New York, in reference to abor-
ton, does not contain saving clause-if
so Rosenzweig will escape punishment,
there being then no statute in existence
under which he can be tried and punish
ed. The thew murder law" as it is
sometimes called, does, if we are not
very much mistaken, contain an express
provision retaining the old law in force
for the trial of cases which may have
arisen Hereunder. We might well be
startled by the announcement that there
was any probability that the old statu-
tory provisions in reference to crimes
had been repealed without any reference
TO pending trials and indictments, if we
had not seen so many instances of
''hasty legislation" of late. 1t is but Il
few weeks ago that an United States
court, in the trial of a person for an al
legged crime in New York, made the as
founding discovery that the accused had
committed no crime, because Congress
had, Inadvertently, repealed the law
making the act complained of a crime.
When our statutes were revised, the
work of revision was performed, with
great care and deliberation, by COM
mission of our best lawyers and lurists
their work was, from time 20 time, sub
mitted to the Legislature ). it's several
parts were referred to and considered by
special committees the statutes, as re-
vised, were adopted sel4atim, and then
as whole; and, finally, when it was
supposed perfection bad been reached,
the old revised statutes and annual SEES
sion laws weRe repealed. When too late
to be remedied, although, fortunately,
it was not generally known, it was dis
covered that there was no way of pun
ishing common assaults, street brawls
and breaches of the peace, save through
an indictment by grand jury. For
year we so lived, sheriffs, constables,
policemen, prosecuting officers, etc. CROP
ingalong to preserve the peace as best
they could. The statute oflimitations has
now barred all such actions, but what a |
glorious field was open TO amousing pet |
tifopOer IN raap n ooldan haryac+ of 90 /