658 



DENMAR K. 



s 



Torture. 



Trial by 

 jury. 



Imprison- 

 ment, 



Special 

 courts. 



two lawyers to manage the cause ; one to make proof 

 or" the accusation, and the other to act in behalf of the 

 accused. If, however, the prisoner refuse the assistance 

 provided for him, lie is indulged with counsel of his 

 own causing. No criminal is condemned but on the 

 testimony of sufficient witnesses. After condemnation, 

 the privilege of appealing to the provincial, and from 

 thence to the supreme court, is allowed to all who in- 

 sist upon it. If the punishment extend to the loss of 

 Jife, the judgment of none of the courts can be final, 

 but, as has been already stated, a report must be made 

 to the king himself in council, without whose approba- 

 tion no sentence of death can be carried into execution. 

 The Danish law admits of the shocking practice of 

 torture in two cases, after tire accused has been fairly 

 and lawfully convicted, and sentenced to lose his life : 

 These are, the cases of murder and high treason. The 

 intention of the laAV, by this permission, is to draw 

 from convicts a discovery of their accomplices. But a 

 statement of the case must be laid before the sovereign 

 and his ministers for their consideration, and a warrant, 

 signed by the king himself, must be obtained, before 

 any proceedings of this merciless kind can take place ; 

 and it is but justice to state, that this cruel practice is 

 very seldom resorted to, more than twenty years some- 

 times elapsing without the occurrence of a single in- 

 stance. The law on this head was, however, shame- 

 fully violated in the case of the unfortunate minister 

 Count Struensee, who, before his trial, was compelled, 

 by the dread of the torture, to confess himself guilty 

 of criminal intercourse with the queen. The iniquity 

 of the proceedings on this occasion, will long remain a 

 stain, if not on the Danish name, at least on the cha- 

 racters of the ruling party at that period. It is to be 

 regretted, that the excellency of the Danish laws can 

 be so easily rendered unavailing by the dispensations of 

 the court. In cases of murder, and also for ascertain- 

 ing the limits of estates and property in land, the law 

 of Denmark allows of the trial by jury. The jurors, 

 eight in number, must be men of good character, and 

 in nearly the same condition of life with that of the 

 person whose judges they are constituted. Besides this 

 resemblance between the Danish and the British juris- 

 prudence, there is another instance of similitude, which 

 appears rather more singular, when we consider the 

 political principles on which the present constitution of 

 Denmark is erected. This is that excellent law, ac- 

 cording to which no individual can be imprisoned un- 

 less he is seized in the act of committing a crime de- 

 serving of death or of bodily punishment ; or unless he 

 has acknowledged himself guilty before the proper ma- 

 gistrate ; or been convicted in a court of judicature. 

 In virtue of this law, individuals lying under an accu- 

 sation have, till it is lawfully proved against them, on 

 finding security for their appearance, a right of enjoy- 

 ing their personal freedom. In whatever country so 

 valuable a privilege is allowed to subsist, the inhabi- 

 tants may justly boast of possessing no small share of 

 liberty ; and if the Danes have, as they assert, preser- 

 ved this law inviolate, and in its full force, they are 

 a much freer people than they are generally repre- 

 sented, or than the subjects of an absolute monarchy 

 could be supposed to have been. 



Besides these general courts of law, there are several 

 others instituted for special objects. Such are the mi- 

 litary tribunals of the two kingdoms, the tribunals of 

 the mines, the various tribunals of commerce, and the 

 tribunal of inquisition at Copenhagen for the discovery 

 ef robberies and thefts. Causes are often taken out of 



ordinary courts, and tried by commissioners appointed 

 for the purpose. In these cases, one of the parties is 

 generally a man of influence, who obtains such an ap- 

 pointment with some sinister view. Very great ad- 

 vantages have resulted from the tribunals of conciliation, 

 established in 1795. If these tribunals succeed in re- 

 conciling the parties, the agreement is registered, and 

 it has then the same validity as the sentence of a court 

 of law ; but if they fail in this object, the proceedings 

 are to be regarded as never having taken place ; no re- 

 cord is made, and no expences are incurred. The second 

 chapter of the Danish code, treats of the ecclesiastical 

 government, which shall be considered under the head 

 of Religion. With regard to the third chapter, the state 

 and privileges of the nobility have already been men- 

 tioned, and it remains only to notice the condition in 

 which the Danish law considers the lower classes. 

 These, with the exception of the inhabitants of the 

 towns and cities, and a few of the peasants who had 

 acquired their freedom, were, until lately, regarded as 

 the property of the nobles, were attached to their estates 

 which they could not leave, and were bought and sold 

 with the soil. For a long time past, men of benevo- 

 lence and enlightened views were convinced, not only 

 of the injustice and inhumanity, but also of the impolicy 

 of this state of things ; and several of the nobility, en- 

 couraged by the example of the royal family, had al- 

 ready emancipated then peasants, of which praise- wor- 

 thy conduct they reaped the reward, not only in the 

 gratitude of these hitherto degraded men, but also in 

 the improvement of their estates. At length, this im- 

 portant object was universally and finally accomplished 

 by the publication of an edict in 1788, ordaining the 

 gradual abolition of the servitude of the peasantry; 

 and all the inhabitants of Denmark were free on the 

 1st day of January, 1800. To preserve the remem- 

 brance of this emancipation, an obelisk has been erected 

 in the neighbourhood of Copenhagen, on the Roschild 

 road, which is the most frequented by the peasants 

 coming to the capital, on which is written the following 

 words : " The king knows, that civil liberty, regulated 

 by just laws, produces the love of one's country, and 

 courage to defend it; the desire of instruction, a dis- 

 position for industry, and the prospect of happiness. 

 He has therefore ordained, that servitude shall cease, 

 and that order and promptitude shall regulate the ex- 

 ecution of the rural laws, to the end, that the free, 

 courageous, enlightened, industrious, and virtuous pea- 

 sant may become a valuable and happy citizen." The 

 base of the obelisk is adorned with emblems and in- 

 scriptions, and supports four marble figures, represent- 

 ing fidelity, rural industry, courage, and patriotism. 

 The prince royal laid with his own hands the first stone 

 in 179^. The inscription denominates him, " Son of 

 the king and friend of the people." This monument, 

 48 feet in height, cost 1 4,000 rix-dollars, raised by sub- 

 scription. The traveller, in stopping to contemplate it, 

 will bless the names of the prince, of the minister, and 

 of the individuals who, in spite of prejudice and of self- 

 interest, accomplished so beneficial a reformation. The 

 fourth chapter of the Danish code, relates to contracts, 

 andthe different means of acquiring property. Marriages 

 are regulated here in nearly the same manner as in 

 other Lutheran countries. A divorce may be obtained 

 in the case of adultery, of wilful desertion, or of im- 

 potence existing previous to the conjugal union. 

 Amongst the nobles and persons of privileged rank, 

 nothing more is necessary to constitute marriage than a 

 simple consent in the presence of witnesses. The fn- 



Statiotic*. 



Commis- 

 sions. 



Courts of 

 concilia- 

 tion. 



Of the dif- 

 ferent states 

 of persons. 



Condition 

 of the pea- 

 sants. 



Edict for 

 their eman. 

 cipaiion. 



Obelisk ta 

 commemo- 

 rate this 

 great event. 



Cap. 4. of 

 the Danish 

 code. 



Marriage. 



