To her Majesty's commissioners, also,
some thanks are due for the labour they have expended with a view
to the consolidation and subsequent codification of the various
statutes. Their labours, however, have not hitherto been very
largely productive. The excellent object of simplifying our criminal
laws still remains to be accomplished, and so long as it does so, so
long will it be obnoxious to the censures which are not unsparingly
heaped upon it.
But if our jurisprudence be in one respect too favourable to the
criminal, in another, as it appears to us, the balance is more than
restored to its equilibrium. If, in the process of investigation,
justice leans too much to the side of mercy, the inquiry once over,
she quickly repents of her excessive leniency, and is careful to
justify her ways by a rigorous severity. The accused, if he is not
lucky enough to avail himself of the thousand avenues of escape that
are open during the progress of his trial, must abandon all hope of
further consideration, and look to undergo a punishment, of which
the full extent cannot be estimated by any human sagacity. Once
condemned, he ceases to be an object of care or solicitude, except
so far as these are necessary to preserve his life and restrain
his liberty. Through crime he has forfeited all claim upon the
fostering care of the state. He is an alien and an outcast, and has
no pretence for expecting any thing but misery.
Surely there is something vindictive in all this--something not
quite consistent with the calm and unimpassioned administration of
justice. The first impressions of any man of ordinary humanity must
be very much against a system which fosters and encourages such a
state of things. We believe that those first impressions would be
confirmed by inquiry; and it is our purpose in the present article
briefly to state the reasons for our belief.
Public-domain text, read in full here on John Shaqi.
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