public morals, and shock the public sense of decency, is a public nuisance, and a misdemeanor at common law. It may therefore be laid down as a general principle, that, at common law, any act that has a direct tendency to corrupt the morals of the community, or shock its sense of decency, is a misdemeanFor this reason, the common law punishes the keeping of a common bawdy house, or house that is a common resort for the purpose of prostitution, a common gaming house, indecent exposure of the person in a public place, obscene publications and exhibitions, open and notorious lewdness, etc.90 or. tion, adultery, and seduction are not common-law crimes. 90 Rex v. Delaval, 3 Burrows, 1434, Beale's Cas. 101; Rex v. Curl, 2 Strange, 788; Com. v. Sharpless, 2 Serg. & R. (Pa.) 91, 7 Am. Dec. 632, Beale's Cas. 113; Kanavan's Case, 1 Me. 226, Beale's Cas. 115; Britain v. State, 3 Humph. (Tenn.) 203; State v. Appling, 25 Mo. 315, 69 Am. Dec. 469; Barker v. Com., 19 Pa. St. 412. And see post, § 458 et seq. In Barker v. Com., supra, it was held that foul language charged to have been uttered in the public streets with intent "to debauch, debase, and corrupt the morals of youth, as well as others," and to their "manifest corruption and subversion," was indictable at common law. 29. Offenses Affecting the Administration of the Government. A number of offenses which cannot strictly be classed as offenses against the administration of justice, but which are very similar, and are governed by the same principles, may be designated as offenses against the administration of the government. Misconduct on the part of a public officer, if accompanied by fraud or corruption, is clearly a misdemeanor at common law.9 91 He may be guilty of a misdemeanor, even without fraud 92 or corruption.9 Private citizens may also be punished at common law for acts. preventing or obstructing the administration. of the government, as for illegally voting at an election.93 30. Offenses against God and Religion. Blackstone mentions a number of offenses which he classes as offenses against God and 91 Trial of Jones, 31 How. St. Tr. 251; Walsh v. People, 65 Ill. 58, 16 Am. Rep. 569, Beale's Cas. 128; post, § 434. 92 Com. v. Callaghan, 2 Va. Cas. 460, Beale's Cas. 116; Com. v. Alexander, 4 Hen. & M. (Va.) 522; post, § 434. 93 Com. v. Silsbee, 9 Mass. 417, Beale's Cas. 111; post, § 444. His holy religion, and which were punishable in England. These have been mentioned in another place.94 In this country, we have no offenses which can be called offenses against God and religion. Neither the United States nor the states undertake to interfere with a citizen's religious belief or religious practices, so long as his acts do not af fect the other members of the community, so as to become common nuisances, or otherwise criminal.95 31. Offenses against the Law of Nations. The law of nations "is a system of rules, deducible by natural reason, and established by universal consent among the civilized inhabitants of the world, in order to decide all disputes, to regulate all ceremonies and civilities, and to insure the observance of justice and good faith in that intercourse which must frequently occur between two or more independent states, and the individuals belonging to each.” 96 The law of nations is a part of the common law.97 The offenses 94 4 Bl. Comm. 42; ante. § 19. 95 Post, § 457. 96 4 Bl. Comm. 66. 974 Bl. Comm. 67. against the law of nations noticed by the common law were (1) violation of safe conducts, (2) infringements of the rights of am bassadors, and (3) piracy, or robbery and depredation upon the high seas.98 III. THE STATUTE LAW. 32. In General.-The statute law, as distinguished from the common or unwritten law, is the law expressly promulgated by the law-making power,in England, by parliament; in the United States, by congress for the federal government and for the District of Columbia, by the legislatures or general assemblies for the states, and by congress and the territorial legislatures for the territories. The power of the English parliament to punish acts as crimes is absolute. The power of congress is such only as is conferred upon it, expressly or impliedly, by the constitution of the United States. The power of the state legislatures or general assemblies is absolute, except in so far as it is limited by the constitution of the United States, or of the state. The power of a territorial legislature is such only as is conferred upon it by the organic act of the territory, the act of congress by which the territory is created, and acts supplemental thereto. The Reason and Object of Statutes.—Both in England and in the United States, notwith 98 4 Bl. Comm. 68-73; post, §§ 482-485. standing the common law, statutes have been enacted from time to time punishing partieular acts as crimes. There are various reasons for their enactment. Some statutes have been enacted to remedy or supply what was considered to be a defect in the common law, by punishing an act which was not regarded as a crime at common law, but which experience has shown to be so hurtful to the public as to require interference and punishment by the state. It was for this reason that statutes were enacted to punish embezzlement, and the obtaining of money or property by false pretenses, neither of which were regarded as crimes at common law." 99 For the same reason, statutes have been enacted to punish as burglary or arson the breaking and entering, or the burning, of other houses and things than dwelling houses and out houses within the curtilage or common inclosure, which were the only subjects of burglary and arson at common law.100 Other statutes have been enacted to remove doubt and uncertainty as to what was 99 See Rex v. Wheatly, 2 Burrows, 1125, 1 W. Bl. 273, Beale's Cas. 5. See ante, 16; post, §§ 341, 350. 100 See post, § 400 et seq. |