Graham's Magazine, Vol. XXXI, No. 4, October 1847 — John Shaqi
Graham's Magazine, Vol. XXXI, No. 4, October 1847Various
General
Graham's Magazine, Vol. XXXI, No. 4, October 1847
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
“The Grand Jury do present Charles Potum, for living an idle, lazy life,
following no settled employment. Major Bryant Pembleton is joined with
the Selectmen of Cape Porpus, to dispose of Potum according to law, and
to put him under family government.”
Small chance was there, in the primitive times of which we speak, for
any rogue or knave to escape punishment for his offences. There was no
complaint then “of the law’s delay.” Justice was meted out with
certainty and despatch. Could this great and wicked city of New York be
blest with an administration of justice as prompt, as searching, and as
effective, what a world of crime might be prevented. Now, in the
multiplied refinements of law and legislation, there are a thousand
chances for the culprit to escape the punishment he deserves. The labor
of government is now so much divided and subdivided, that the villain,
before he meets with his deserts, has to go through almost as many hands
as a brass pin does in being manufactured; and it is ten to one if he
does not slip through the fingers of some of them, and escape at last.
In the first place we must have a Legislature to make up a batch of laws
to keep on hand ready for use, for the regulation of society, and the
punishment of wrong-doing. After that, the Legislature has no more care
over the laws than the ostrich has over her eggs, but leaves them to
hatch out as they may. Then we must have a judiciary; and the culprit
who has committed a crime or misdemeanor, must be carried into court for
trial. After the matter is clearly proved out, fair and square, the
court hunts up the laws that the Legislature has made, and if there is
one that exactly applies to the case in every point and tittle, the
fellow may stand some chance of being punished. If the law does not so
apply, he is told he may go. When the law suits the case, the court
orders the delinquent to be punished; and he is then handed over to
another set of officers, who belong to the executive branch of the
government; and if these all happen to do their duty throughout, and no
mistake, punishment after a while follows the crime.
Two hundred years ago, in the New England colonies, things were not left
at such loose ends. Then the work of government was bound up in a snug
bundle. The legislative, judicial, and executive powers were all vested
in the same body, who, of course, always knew what they had to do, and
could always tell when that work was done. This omnipotent body in a
number of instances was styled the General Court; an appellation which
is applied to the legislative department in the old Bay State unto this
day.
Public-domain text, read in full here on John Shaqi.
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