Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-06

Hike OF all the heather. They might
have noticed that each was arre'gned
Tor religious and a political ohenee'
that the law under which each was
tried was exceedingly vague. ana that
the charge against each was so genera
and any kind of judgment, so uncer-
tain that, I'm one case. at least, IL can
scarcely be told OF what the prisoner
was found guilty. The Dlcastery that
tried Socrates was made up OF oo'
citizens, representing the intellect
culture. and integrity OF Athens
The Sanhedrim, that some think con-
Quoted the, other trial. so far as II was
not conducted by the Roman authorizes
was supposed 20 represent the inteieet.
The culture, and the righteousness OF
the Jewish people; and the Han OF JUS.
tice, where IL was accustomed 10 meet
and pray that II might make no mis-
takes, and where it was accustomed
10 remain In silent prayer while those
against whom Il had decreed the eX-
IRENE penalty were being executed, was
not more stately and beautiful than
the forms and ceremonies observed IN
reaching its conclusions. The accusation
OF the Athenan was In these words:
Socrates is guilty OF crime: hrst. Tor not
worshipping the gods whom the city
of his own; next. for corrupting youth.
The penalty due Is death" The accuse
ton of Christ was even less precise. He
WAS charged with blasphemy, and when
brought before PLATE He was charged
with treason. There was so little at
tempt at precision in formulating the
charges against Him that the narrative
snys that he was accused of many things
5 Substantially the question propounded TO
the Dlcastery was not, Is there law
fairly construed that 1ustihes the con
Viction of the defendant? but. DO you
who have the power VIII II that lie snah
die? and substantially the same ques-
ton was asked IN the other case. The
discretion OF the Judges was almost un-
limited. and the appeal Of those who were
pressing for conviction was successfully
made TO that discretion. These two
trials will remain amorg the unforgotten
events OF universal history. The charac-
ter and position Of the defendants VIII
isolate them from other trials. But count
less multtudes, whose names and memo
res quickly faded from the minds OF
even their contemporaries, suffered the
sarre injustice. due TO the same VICE
that pat the hemlock TO the lips OF the
Athenian. and would have sent the CALI
lean - his death. though he had been
simply human.
THE WORK OF GENERATIONS.
To Grad cate that vice was the work
Of generation after generation-not OF one
man. but OF many; not Of one movement,
but Of revolutions-and 1t is n work &C
complished In modern times.
As 20 England: While there was an alb
sence of denniteness in the English crimi-
nal-law the institution Of trial by jury
afforded some protection against the judi
cial acgressiOns that were habitual on
the Continent. Where the law was I'M
fixed and doubtful. the jures were in
clncd to do Justice and prevent the
judges from doing Injustice. and the in
stitutiOn was so cherished that when the
jurors in Sir Nicholas Throckmorton' 8
case (and that Ia the first important jury
trial reported were attainted and heavily
fined for ncqultting him, the course Of
the authorities was denounced as VERY
violent, tyrannical. and contrary to the
liberty and custom Of the realm Of Eng
land" But later. large class Of cases
was withdrawn from trial by jury and
turned over 10 the Privy Council for trial;
and later still, in order that the judges.
obedient TO the Crown, might be wholly
untrammclled. the Star Chamber was
created. and this tribunal inheriting much
OF the power. but not practicing the
moderation Of the Privy Council, tried
political offenders without juries, just as
the bishops tried religious offenders.
1--WE are informed by Clarendon" says
Macaulay, that there was hardly man
OF note in the realm who had not per-
sonal experience Of the harshness and
greedlness Of the Star Chamber; that the
High Commission had SO conducted itself
that IL had scarce a friend left in the
kingdom and that the Council OF York
had mada the great charter a dead-letter
on the north of the Trent" 1t was In
the latter part Of the eighteenth century,
after the reign OF William Of Orange, and
the occurrences subsequent thereto had
so fostered the development of popular
freedom that the line was marked clear
and deep, not ever again TO be obliterated,
between the legislative and judicial func-
tons.
As to Germany: Drage, in his treatise
on the Criminal Code Of the German En-
p!re, says: 1.-THE powers of the judge in
the application of the penal-law. which
were very wide from the Middle Ages
down to the beginning Of the present CEN
tury, are now strictly defined. Under
the new codes the maxim nullum
crimen sine lege is strictly applied. Law,
not custom, bears rule. and even analogy
OF whicn 50 great as use was formerly
made is now only permitted where the
sense and object OF the law-point un-
doubtedly to its appllcation-that 1t, anal
ogy must only be used TO interpret. not 10
extend the law"
As to France: At this hour. when the
world, freshly astonished by the genius
of Napoleon Bonaparte, is collecting from
every possible source every possible frag-
mcnt OF information about him. II Is In
teresting to know that as First Consul
and then as Emperor, Napoleon presided
over a council that debated these PROPOSE
tons: mo action can be considered as
crime when it is not specially defined as
such by law" and "the judge has no
discretion In the matter Of punishments,
but can only pronounce those that are
prescribed by law" and 1t is interesting
TO know that ne aided in having these
propositions adopted as a part of the
criminal code of his country.
RIGHT or THE INDIVIDUAL.
On this side OF the Atlantic, those who
founded our governments dreaded the
abuse Of power. and carefully sought to
limit il so as to prevent the oppression
OF the individual They were less cOncern-
ed to throw safeguards around property
than to throw them around the person. Mr..
jefferson, writing from Paris TO many OF
his friends, and even 10 his opponents
porsistently urged that a bill OF rights
should be inserted in the Federal Consti-
tuition; Mr. Madison and Mr.. Mason stroVe
in the same direction. and, though TINS
was not done. amendments were added
that furnished the guarantees for which
they contended Everywhere the proper
method of making and keeping the lesis-
latiye, executive, and judicial powers
separate and distinct was laboriously dis
cussed Though no literal injunction TO
that effect went from the pen OF Mason
into the Federal Constitution. as 1t did
into the Bill Of Rights OF Virginia, yet
IN ono WAY and anOIher that principle is