It might have been otherwise had its author remained in Louisiana, and devoted his great personal influence to the work of securing the necessary sanction. But the labour of preparing the Codes had been chiefly performed elsewhere, and in connection with the discharge of other public duties; and the Legislature, though failing to adopt his system, manifested its appreciation of its author by electing him soon after as Senator of the United States, from which position he was transferred to the Cabinet of Jackson, and then made Minister to France. He never returned to Louisiana. But though the State for which the Codes were prepared neglected to avail itself of the labours assigned and solicited by itself, they have proved, together with their Introductions, a treasure of suggestions to which many States are indebted for useful legislation; and one in particular, the Republic of Guatemala, for certain portions adopted into her own laws. And the most advanced thinkers of the age, among whom must be mentioned the illustrious names of Bentham and Jefferson, made haste to acknowledge its merits, and to "arrange," to use the words of Jefferson, the name of its author with those of the "Sages of Antiquity." It should be mentioned here that soon after the completion of the Codes for Louisiana, Livingston, then a representative in Congress from that State, prepared and presented to the House a system of Penal Law, adapted to the use of the General Government, and embracing a title on "Offences against the Laws of Nations." This was printed by order of the House in 1828, but was followed by no legislation. A complete edition of the Codes and Introductory Reports was printed at Philadelphia in 1833. The most important portions had been previously printed in England, France, and Germany. The whole is now nearly out of print. But the interest in the subject lives, and will live, as long as the Punishment of Crime and the Reformation of Criminals continue to engage the attention of legislators and philanthropists. It is not surprising, then, that the work of Mr. Livingston should attract again the public attention. An edition, consisting of the Introductory Reports and the title on Offences against the Laws of Nations, from the system propared for the United States, was begun in Paris just before the breaking out of the recent Franco-German war, and will speedily appear. And it seems not unfit, in view of the approaching international Congress on the Prevention and Repression of Crime, including Penal and Reformatory Treatment, that an American edition of the whole work, treating with such remarkable ability the leading topics which must engage its attention, should be brought out under the auspices of the American Prison Association. Funds for the purpose have been generously furnished to the Association; and it rejoices in the opportunity thus afforded of reviving in the memories of philanthropists and statesmen the lessons of wisdom and humanity which it contains. The American edition will thus meet the French edition of the work of the great American Jurist, who was chosen on account of it an Associate of the French Academy of Moral and Political Science, nearly half a century ago. The fact will be certainly remarkable.. It will prove that, if Livingston was in advance of his times, the day is at least approaching when his broad and comprehensive views will be not only appreciated but realized. The American Prison Association, counting as its chief objects. the reform of Criminal Codes, the improvement of prison discipline, and the study and application of the best means of saving discharged prisoners from a return to crime, takes great satisfaction in reproducing a work in which all these topics are discussed with a keenness of insight, a clearness of statement, a force of logic, a beauty of diction, an elevation of sentiment, and a breadth of sympathy, which mark at once the highest genius and largest benevolence. WASHINGTON, May, 1872. AN ACT OF THE GENERAL ASSEMBLY OF LOUISIANA, RELATIVE TO THE CRIMINAL LAWS OF THAT STATE. APPROVED 10 FEBRUARY 1820. WHEREAS it is of primary importance, in every well regulated state, that the code of criminal law should be founded on one principle, viz., the prevention of crime; that all offences should be clearly and explicitly defined, in language generally understood; that punishments should be proportioned to offences; that the rules of evidence should be ascertained as applicable to each offence; that the mode of procedure should be simple, and the duty of magistrates, executive officers and individuals assisting them, should be pointed out by law: and whereas the system of criminal law, by which this state is now governed, is defective in many, or all of the points above enumerated, therefore : Section 1. Be it enacted by the senate and house of representatives of the state of Louisiana in general assembly convened, that a person learned in the law, shall be appointed by the senate and house of representatives at this session, whose duty it shall be to prepare and present to the next general assembly, for its consideration, a code of criminal law in both the French and English languages, designating all criminal offences A |