surrection of the working
classes.

"All judicial sentences ought to be based upon law, and the terrible
privilege which the populace now have of punishing with death certain
crimes, _ought to be consecrated by law_, powerful interests would not
suffice in our view to excuse the interruption of social order, if the
public safety was not with us the supreme law.

"This is the reason that whilst we deplore the imperious necessity
which exists, we entreat the legislative power to give the sanction of
principle to what already exists in fact."

The Editor of the "New Orleans Bee," in his paper, Oct 25, 1837, says:

"We remark with regret the frightful list of homicides, whether
justifiable or not, that are daily committed in New Orleans. It is not
through any inherent vice of legal provision that such outrages are
perpetrated with impunity: it is rather in the neglect of the
_application of the law_ which exists on this subject.

"We will confine our observation to the dangerous facilities afforded
by this code for the escape of the homicide. We are well aware that
the laws in question are intended for the distribution of equal
justice, yet we have too often witnessed the acquittal of delinquents
whom we can denominate by no other title than that of homicides, while
the simple affirmation of others has been admitted (in default of
testimony) who are themselves the authors of the deed, for which they
stand in judgment. The _indiscriminate system of accepting bail_ is a
blot on our criminal legislation, and is one great reason why so many
violators of the law avoid its penalties. To this doubtless must be
ascribed the non-interference of the Attorney General. The law of
_habeas corpus_ being subjected to the interpretation of every
magistrate, whether versed or not in criminal cases, a degree of
arbitrary and incorrect explanation necessarily results. How
frequently does it happen that the Mayor or Recorder decides upon the
gravest case without putting himself to the smallest trouble to inform
the Attorney General, who sometimes only hears of the affair when
investigation is no longer possible, or when the criminal has wisely
commuted his punishment into temporary or perpetual exile."

That morality suffers by such practices, is beyond a doubt; yet
moderation and mercy are so beautiful in themselves, that we would
scarcely protest against indulgence, were it not well known that the
acceptance of bail is the safeguard o