Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1804-01-21

, incapable OF performing MS outy, except
ing in the cafe of his receiving orders to
warn meeting OF the company, and me-
gleaing to do it; he is then fubjett Upon
! conviction to pay fine; and to be teduc-
ed to the ranks. This Glence of the fiat
ute concerning any other mode or cauie Of
removal, has am informed, occaiioned
diiagreeable dilputes which you will prob
ablythink it expedient to prevent in flu
ture. There has alto, in fome inltances
been much difficulty in obtaining the fer
vice of a iuitable perlon as Judge Advc-
cate in trial before courts martial, as the
difputes in thoie, cafes are often between
officers, and OF delicate nature, and the
appointments are vocational and the fer-
wee voluntary. Perhaps you will deem
| it proper to remedy this Inconvenience
by making provilion by law for the ap-
pointment of Judge Advocate as a per-
malient officer in each diviGon. Other
amendments of the fyItem may occur to
you gentlemen, which are of greater i'm
portance, and would more eaentially tend
to advance the reputation and good order
of the militia. ~
Such progrels has been made in build.
ing the State prilon, that you may think
fit in the couilsof the prelent FELTON,, to
aflign it as fireplace for the reception and
confinement of conviS1Gwh are fenten-
ced to hard labour Nd to eeablifh re-
gulations concerning the appointment and
the manner in which priloners fhall be
RETAINED and Imported. In almoa eve.
ry country there have been complaints,
that the confinement of pIloners has been
attended with unneceaary rigour. That
the jailers have been chargeabie with few
Gritty and extortion, and that the want of
cleanliness has rendered the prifons 70 i'm
healthy as to endangerthe lives of perfons
confined in them. But as the manage
ment of the State Ptifon, and the conduit
OF the Superintendent, will always be I'M
der the immediate infpeaion of the Gov
ernment, hope there will never be any
complaints from the manner in which
this eftrblilhment ihall be conducted.
| 1t feems to be agreed, that the power
Of pardoniu8 offences after. conviction,
inclades the right of granting pardons
upon condition that the offenders hall be
confined to hard labor during fpecifed
term. This power has therefore been 10
exercifed from the commencement Of the
government under the contribution, and in
fome cafes has been found highly uirfuI,
in order that julfice. might be adminilter-
ed in mercy. 1t is impofllble for the wiz
dom Of man to make general laws 70 per-
feet as to fuit every particular cafe. A
few crimes only are made capital by Sur
laws, but the degrees OF guilt in perfons
convicted of the fame crime, may be 70
different as to render il fit and neceifary
to make difference in the puniihment,
and to foften the rigour of the law when
favourable circumstances appear in the
criminals cafe. The man who enters
unarmed into dwelling.houfe in the
night ime, and feals to fatisfy his hunger,
is obviouAy lels criminal than he. who
breaks it for the purpole of riAing the
houfe, and arms himlelf with deiign to
detfroy the life of the owner if he obitruts
him. In the firf cafe the offences feems
TO be little more than fimple larceny,
and the punifhment of death would only
excite compafiion for the delinquent in
the latter, the offender difcoyers mott
depraved and malignant fpirit, and his
life would be thought dangerous to foci-
ETY..
| While the Cattle remained in poiieilion
OF this State, it was employed for the
con6nement of convias, who at their own
requeR had received conditional pardon.
If it fhali be thought proper to make ufc