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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