Year: 1879

n latlVe antecuentS, or puDnc laws OF otat
Y are not only generally supposed to ket
n pace with the enlightenment and advanc
n ment of the age, but in reality; to be IL


evidence and the result of such enlightel


ment and civilizations; the reflex Thereof, 8


to speak, held up as a mirror before I'll
world, for the world to look at with adm
ration and delight, or with disgust and COL
demnation, as the case may be. In wins


manner the law under consideration is t
be regarded by Mississippians, is the objec


tive point to be obtained After it is dis
cussed, analysed, dissected and understood


if they look upon it with delight and appro
baton, it will still remain ON our statut


book, to be faithfully executed, as it will


be, by our worthy and efficient Superin


tendent of the State Penitentiary, how


ever distasteful it may be to him to enforce


it. On the other hand, if they condemn it


as very many do, it will be wiped from oul


code as foul blot, by the next Legislature


that is to convene.


BY the title of this Act, am reminded


of the word have put at the commence


ment of this cle-misnomer--"a wrong


or inapplcable name or titles" or, still


more appropriate, Mr.. Burke's illustration


''many of the changes, by great mis-


nomer, called Parliamentary reforms. -


can Act to reduce the Judiciary expenses


in this State, was the inapt, infelicitous,


and deceptive title to this law, chosen by


the Legislature. But is only the 18th and


last Section but one of the Act, that pro-


pose to call attention to at this times and in


order to get the matter fairly and squarely


before your readers, quote the entere sec


ton.


Section 12. Be it further enacted, That
whenever any prisoner shall be sentenced
to the penitentiary of this State, it shall be
the duty of the Circuit Clerk of the court
passing said sentence, to certify to the
Superintendent of the penitentiary the
costs, if any, of the prosecution due by
the prisoner. 1t shall be the duty of said
Superintendent to keep him in custody
after the expiration of the term for which
he was sentenced, and to work, or cause
him to be worked, at the rate of Twenty-Five
cents per day. not including Sundays,
said tine and costs are paid, and when so
paid, he shall pay them over to the treasurer
of the proper county"


This is the section, literally, the ita1ics
only being mine. Now, bear in mind, that
the title (Which is always intended to con-
vey at least some general idea of the nature
and objects of law leads us to believe
that our legislators in their laudable desire
for reform and retrenchment were bent
upon reducing the Judiciary expenses in
this State" How do they propose to ac-
this commendable purpose by the
operation of this 18th section? They en-
power and direct Mr. Smith, the Superin-
tenGent, to hold the convict in custody
after he has served out his sentence-Gtter
he has pail the penalty of the law, and
suffered as much as the honorable Judge
thought he ought to suffer for his crime
and do what discharge him, poor devil,
and let him go home, if he has any home
to go to? No, not that; although hereto
fore, when men have suffered the penalty |
due to their crimes, and the majesty of the
law has thus been vindicated, they have
then been thought entitled to their final
discharge, and haze been discharged. But
not SO under this section twelve-the
has not yet done what sec
tion ttoeIoe, rising up in all its offended
majesty, demands that he shall do do, viz:
hire out the c0nUict! And what does section
l2 say the convict shall be allowed for his
abor? Surely the State, now that she has
no just claim against her unoffending citi>
zen, because he has suffered the full
measure of his punishment as fixed and
by the Judge who heard all
he evidence, and was prepared to form
pretty fair idea of how much he ought to
suffer; surely the State, under these cir
ought to be liberal in fixing
he rate of compensation, Men have diff
,erent notions as to what is liberal, and l
will give the figures as fixed by section II,
md let each one decide the question of lib
srality according to his own peculiaf taste
section twelve says the Superintendent shall


ire out the convict at the rate of tcenty-
Zee cents day, until fine and costs are
,aid To get at the true inWardness of
ection twelve, let us take an example or an
Illustration; and select only one out of
arge family of the same sort. 1t is very
veil known that sometimes the cost>bill in
ome trifling mis1emeanor case runs up to
very large sum-even equal to case in
'olving grave crime. We will suppose,
or instance, that a man is convicted OF
,etit larceny and sentenced to the peniten>
iary for twelve months. He suffers tho
penalty, the twelve months roll by, and he
,egins to look FOR his discharge; but the
finds a little certificate of
he Circuit Clerk among the papers sent
I'D with the mittimus, and it shows the cost
ill in the case to amount to exactly fifty
Iollars. Superintendent Smith makes !


little calculation, and finds that l
t will require just two hundred days
abor. at the rate of twenty-five cents day,
o stwork OUT the costs ia the case; and
his, too, exclusive of the Sundays that will :
intervene, not to say anything about sick Z
less and rainy days. Verify, bis prOpects