The American Quarterly Review, No. 18, June 1831 (Vol 9)Various
History
The American Quarterly Review, No. 18, June 1831 (Vol 9)
Various
Intellectual life -- Periodicals; United States -- Intellectual life -- 19th century -- Periodicals
Mr. Webster has long been known as an efficient labourer in these
noiseless toils of the committee-rooms and of practical legislation; and
we owe to his hand not a few important improvements in our laws. The
most remarkable is, probably, the Crimes-Act of 1825, which, in
twenty-six sections, did so much for the criminal code of the country.
The whole subject, when he approached it, was full of difficulties and
deficiencies. The law in relation to it remained substantially on the
foundation of the first great Act of 1790, ch. 36. That act, however,
though deserving praise as a first attempt to meet the wants of the
country, was entirely unsuited to its condition, and deficient in most
important particulars. Its defects, indeed, were so numerous, that half
the most notorious crimes, when committed where the general government
alone could have cognizance of them, were left beyond the reach of human
law and punishment;--rape, burglary, arson and other malicious burnings
in forts, arsenals, and light-house establishments, together with many
other offences, being wholly unprovided for. Mr. Webster's Act, which,
as a just tribute to his exertions, already bears his name, cures these
gross defects, besides a multitude of others; and it was well known at
the time, that he wished to go much further, and give a competent system
to the country on the whole criminal code, but was deterred by the
danger of failure, if he attempted too much at once. Indeed, the
difficulty of obtaining a patient hearing for any bill of such
complexity and extent, is well understood in Congress; and it is not,
perhaps, an unjust reproach upon our national legislature to confess,
that even the most experienced statesmen are rarely able to carry
through any great measure of purely practical improvement. Temporary
projects, and party strifes, and private claims, and individual
jealousies, and, above all, the passion for personal display in
everlasting debate, offer obstacles to the success of mere patriotism
and statesmanship, which are all but insurmountable. Probably no man, at
that time, but Mr. Webster, who, in addition to his patient habits of
labour in the committee-room, possessed the general confidence of the
House, and had a persevering address and promptitude in answering
objections, could have succeeded in so signal an undertaking. Sir Samuel
Romilly and Mr. Peel have acquired lasting and merited reputations in
England for meliorations of their criminal code. But they had a willing
audience, and an eager support. Mr. Webster, without either, effected as
much in his Crimes-Act of 1825, as has been effected by any single
effort of these statesmen, and is fairly to be ranked with them among
those benefactors of mankind, who have enlightened the jurisprudence of
their country, and made it at once more efficient and more humane.
Public-domain text, read in full here on John Shaqi.
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