The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-01-10
NOT TX POST FICTO.
The Extension of Tir,c Tor the Prosecution OF
the sale burglary Scouhdrel~.

The Extension Of Tirie Tor the Prosecution Of
the sale Burglary ~coumdrei~.
To THE EDITOR OF The SUN-Sir: TIE
srN is generally correct, but not always For
instance, IA your issue OF Thursday last, YOU or
pose the proposition TO extend the time for the
prosecution Of the safe burglary villains, on the
ground that II would be IAN cr post tGct0 law,
and unconstitutional" and that "the great es-
sentisl principles 81 criminal jursnrudence
would be violsted" by such an enactment.
You are mistaken In all three OF these PROPOSE
lions. IL would not be an post fIctO law IN the
legal sense OF the term, nor unconstitutional;
nor would It violate tho essential principles Of
criminal jurisprudence. H. aid be IN enact
ment touching the remedy only. a. that term Is
technically Understood hy the profession.
The statute Of limitations cannot affect the
sui stance OF contract, nor the quality nor
stYuce In the Csc 81 A stumble contract that a
suit for the breach Of Il sha uc barred after the
la.se of SIX years. And in tue case II crime,
that the prosecution shall be barred after the
time limited for proceeding against that parti =
ular crime. lttOucheS not the contract nor the
crime, but the prosecution, Therefore, an act
extending the time during whcn suit shall e
neither cr past fIotO nor uuconstii Itional.
Tue statute Of imitltons. or any act limiting
the remedy never enters into the essence Of a
contract, nor Of a crime. II Congress should
extend tho time Tor prosecuting the sale bur
elaty criminals from two years, as the law now
T. 10 four il would not change the nature 81
the crime a particle. II would only extend the
time for prosecuting crilninlls; IL would extend
only the public remedy Tor the crime.
Nor would 1t be cr pot tdctO In the constltu-
tona sense. IT, for Instance, there were 10 law
to punish larceny man could ste Il with impu-
nifty. Bdt If, after he had committed the act,
the Leg. lature should pass law declaring II to
be a crime, and imposing q punishment upon
1t, that net would be e. post tdctO, and DO un-
constttu tOnal
Er pot fIdo laws were resorted to in the
earlier periods OF English history for the pur-
pose Of prescribing and punlshing obnoxious
political opponents. Innocent and lawful acts
already committed wero pronounced by Parli 4
ment TO no treason, and the offenders brought
to the block. Hence the odiOus character OF
CT post fiCtJ laws, II Gen. Grant were an auto
crat In fact, as he would evidently wish to DC,
and should decree that 'iHE SUNS fearless ex-
posLro II Grdutism Is treason, and doom lite
editor u decdpitatiun, that would be an &C post
(dct0l.w, aud hence very aDhorrent 10 tue read
ers OF me SuN,
hut real crime m1ld IN sc, murder for in
| stance, is no more atrOclOui when first COM
mitted than after the lapse Of n hundred years.
| Nor will the infamous crime known as the safe
burglary, be any the less Infamous after the
lapse Of any length of time than II is now.
| Therefore, as the extensi1n Of the time for iti
prosecution does not change the gravity Of the
crime. nor its essence, see no objection to such
extension being made. LAWYER,