n 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 of every delinquent who, through
wealth or connections, possesses influence enough to obtain it. Here
arbitrary construction glides amidst the confusion of testimony; there
it presumes upon the want of evidence, and from one cause or another
it is extremely rare, that a refusal to bail has delivered the accused
into the hands of justice. In criminal cases, the Court and Jury are
the proper tribunals to decide upon the reality of the crime, and the
palliating circumstances; _yet it is not unfrequent_ for the public
voice to condemn as an odious assassin, the very individual who by the
acquittal of the judge, walks at large and scoffs at justice.

"It is time to restrict within its proper limits this pretended right
of personal protection; it is time to teach our population to abstain
from mutual murder upon slight provocation.--Duelling, Heaven knows,
is dreadful enough, and quite a sufficient means of gratifying private
aversion, and avenging insult. Frequent and serious brawls in our
cafes, streets and houses, every where attest the insufficiency or
misapplication of our legal code, or the want of energy in its organs.
To say that unbounded license is the insult of liberty is folly.
Liberty is the consequence