Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1799-11-11


will aGo fad a necellity of exercifng his iglqiee.
1t were great prefumption in me to attempt to
trace out The line OF conduct which, in The per-
formance of this awful duty, be ought 70 pur.
iue if, however, were aflsed to give an advice,
merely as fueh, here are my ideas.--I am not
for a total indemnity, nor general puuhment,
And fri, the body and MATS of The people
never ought to be treated as criminal. They
may become an obied of more or leis conllant
watchfulnefs and fufpioion, as their pfelervation
may belt require, but they can never become an
Object of punHhment. This is one Of the few
Fundamental and unalterable principles of poll.
tics.
To pun(h them capitally would be to make
malIacres. Mallaeres only increafe the ferocity
of men, and teach them to regard their own
lives and thofe of others as of Little value ];
whereas the great policy of government is to
teach the people 10 think both of great import
ance in the eyes OF God and the State, and never
TO be iacrifeed or even hazarded TO crafty their
paaions, or for any thing but the duties prefrib-
ed by the rules of morality, and under the
direction of public law aud public authority
To punilh them with leiIsr penalties would be
to debilita,e the commonwealth, and make the
nation mifrrable, which it is the huineis of gov.
ernment to render happy and nouriihing.
As to crimes, TOO, would draw nrong line
OF limitation. For no one offence, politically All
egsree IF rebellion, by council, contrivanee, per-
iualion or compuliion for none properly a
miifary ofsnes Of rebellion, or any thing done by
open hoitiiity in the field, fhond any man at all
be called 10 queltion bccauie fuch ieems to be
the proper and natural death of civil dinentions.
The offences Of war are oblterated by peace.
Another clafs will of courfe be included in
the indemnity, namely, all ihofe who by their
activity in reltoring lawful government ihall
|oblirerae their offences. The offence previour-
ly known, to accept of fervice is pardon for
crimes. fear that this clais of men will not
be very numerous.
So far as TO indemnify But where are ob
jeefs Of juitce, and of example, and of future
fecuIity to the public peace They are natural
ly pointed out, not. by their having outraged
political and civilians, nor their having rebelled
againlt the ilate. as itate, bur by their having
rebclled againa the law OF nature, and outraged
man, as man In this lit, all the regicides in
general; al thofe who laid facrilegious hands
on the king, who. without any hing in their
own rebeliious milton to the Convention TO
jutify them, brought him to the Trial, and
unanimously voted him guilty al! thofe who
had ihare in the cruel murder of the queen,
and the de,eltabe proceedings with regard to
the young king and the unhappy princeises !;
all thof:'who committed cold .blooded murder
any where, and particularly in their revolution.
airy tribunals, where every idea Of natural iuc
tiee, and of their own declared rights of man,
have been trodden under foot with the mott
iniolent mockery all men concerned in the
burning and demolition of houfes or churches,
with audacious and marked acts of facriege and
corn offered 20 religion in general, allths lead.
ers OF lac obin clubs mot Que of thefe fhould
eicape punilhment fuitable to the nature, quail
ity and degree Of his offence, by Ready but a
mealurad julice.
In the hrt Place, no man ought 20 be lil5iea
to any penalty, from the. higheit to the lowelt,
out by trial according to the courfe of law,
carried on with all that caution and deliberaton
which has been uied in the hel times and pre-.
cedence of French juriiprudence, the criminal
Law OF which country, faulty to be fure in iome
particulars, was highly laudable, and tender of
the lives OF men. In referring order and iullice,
every thing like relation ought to be religlouly
avoided and an example ought to be fer of a
total alienation from the jacobin proceedings
IN their accuried revolutionary tribunals
Every thing like Jumping men in mates, and of
forming tables of profc.ption, ought TO be
avoided.
In all thsfe Punlhments. any thing which
can be aliedged in mitigation of The offence
lhould be fully conlidered. Mercy is not thing
opPoied to juiticc. 1t is an eGential part of il
As necelary, in criminal cafes, as in civil affairs
equity is to law. 1t is only for the iaeobins
never TO pardon. They have not done ii ia
fogle inItance. council of mercy ought
therefore to be appointed, with powers to report
on each cafe, to ioiten the penalty, or entirely TO
remit 1t, according to cireumlarces.
With theie precautions, the very firf founda
ton OF the festlement mGll be 10 call to ifria
account thcle bloody and mer.ilels offenders -
Without It government Cannot gand year
People little eoniider the utter imponibiiry of
getting thofe, who, having emerged from very