March 23, 2022
The Honorable James Wilson:
Dear Justice Wilson:
Before I begin, I think we should all know a little bit about you. You were a Founding Father, signer of the Declaration of Independence and one of the six original Justices of the Supreme Court. You were also a major participant in the drafting of the U.S. Constitution and taught the new Constitution to President Washington and his Cabinet. One of your quotes regarding crime and its prevention is very relevant today.
“To prevent crimes, is the noblest end and aim of criminal jurisprudence. To punish them, is one of the means necessary for the accomplishment of this noble end and aim.”
Of the Study of the Law in the United States, Circa 1790
Its relevance is seen in the rising crime rates throughout this country and which happens to coincide with the handcuffing of police in doing their sworn duty to prevent crime and protect the populace. Police forces are being de-funded and morale among those who work to achieve what you refer to as the noblest aim, the prevention of crime, is at its lowest. The recruitment of those to what once was a noble profession is also at an all-time low.
The second part of your quote speaks to the need for punishment as a necessary means to achieving the ends of preventing crimes. This too has been thrown out the window with the latest push among states called “Bail Reform.” This legislation is often passed by incorporating it into necessary legislation such as a budget, which was done here in New York. One has to wonder if it would have passed at all if it had been left to stand on its own merits as a piece of legislation. Which speaks to the thoughts of your fellow Founders, President Madison and Alexander Hamilton, as expressed in the Federalist Papers No. 62 written on February 27, 1788.
This Bail Reform Legislation coupled with the softening and ignoring of sentencing guidelines, defeats the purpose of punishment as a deterrent and has been proven to show a recidivism which has led to the increase in crime.
It is once again amazing how 232 years later your thoughts and words should be a guideline for our politicians today. This not only applies to you Justice Wilson but as time and history has shown, our Founders, Signers and Framers were much more far sighted than any of us are today. It also proves how history is so important for us to learn from no matter whether it is good or bad. I will be looking into more of your great insights going forward.
Sincerely,
Andrew DeMarco
Somers, NY
P.S. Back in 2016, former Representative Mia Love of Utah proposed legislation called, the One Subject at a Time Act, H.R. 4335. This Act would require single subject bills with the aim of curbing the passing of complicated, multifaceted bills or attaching unrelated items. This Bill went nowhere.
Pen Pals from the Past 