The corruption of judges, in their attempts to uphold the
arbitrary authority of the government, by procuring the
conviction of individuals for acts innocent in themselves, and
forbidden only by some tyrannical statute, and the commission of
which therefore indicates no criminal intent, is very apparent.
To accomplish this object, they have in modern times held it to
be unnecessary that indictments should charge, as by the common
law they were required to do, that an act was done "wickedly,"
"feloniously," "with malice aforethought," or in any other manner
that implied a criminal intent, without which there can be no
criminality; but that it is sufficient to charge simply that it
was done " contrary to the form of the statute in such case made
and provided." This form of indictment proceeds plainly upon the
assumption that the government is absolute, and that it has
authority to prohibit any act it pleases, however innocent in its
nature the act may be. Judges have been driven to the alternative
of either sanctioning this new form of indictment, (which they
never had any constitutional right to sanction,) or of seeing the
authority of many of the statutes of the government fall to the
ground; because the acts forbidden by the statutes were so
plainly innocent in their nature, that even the government itself
had not the face to allege that the commission of them implied or
indicated any criminal intent.
To get rid of the necessity of showing a criminal intent, and
thereby further to enslave the people, by reducing them to the
necessity of a blind, unreasoning submission to the arbitrary
will of the government, and of a surrender of all right, on their
own part, to judge what are their constitutional and natural
rights and liberties, courts have invented another idea, which
they have incorporated among the pretended maxims, upon which
they act in criminal trials, viz., that "ignorance of the law
excuses no one." As if it were in the nature of things possible
that there could be an excuse more absolute and complete. What
else than ignorance of the law is it that excuses persons under
the years of discretion, and men of imbecile minds? What else
than ignorance of the law is it that excuses judges themselves
for all their erroneous decisions? Nothing. They are every day
committing errors, which would be crimes, but for their ignorance
of the law. And yet these same judges, who claim to be learned in
the law, and who yet could not hold their offices for a day, but
for the allowance which the law makes for their ignorance, are
continually asserting it to be a "maxim" that "ignorance of the
law excuses no one;" (by which, of course, they really mean that
it excuses no one but themselves; and especially that it excuses
no unlearned man, who comes before them charged with crime.)
Public-domain text, read in full here on John Shaqi.
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