The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-18

tettIons are not ,riemediabie, i is time that
new anu more favorable notifications fllouid be
propoted
on THE BILL TO AMEND TIE PENAL LAWS
OF VIRGINIA.
It was the with of Mr. TasqVeHto punifii eve
nv man with death, who fhou!d counterfeit
Bank Bills, or who fhould pats them, knowing
them 70 be count -rfcit.
Mr.. TICS ,veN ALIGNED his reafons for prcpo-
ling this amendment. He obirrved, there was
no man, who would not agree with him, that
the crimes of counterfeiting and pat1ing Bank
Bills, ought TO be iubjeGtrd TO very exemplary
puniihmont. The only difference Of opinion
which could exit on this fubjeGt, mutt ariie
from the degree of punihment, which ought to
be inAcfed. On this point, he was happy to
inform the houie, that his opinions, and thofe
Of the irft Trainer of the penitentiary fylem,
were in the moft compleat unifon. In a CONVEX
iatlos with that gcntlsna1s on the merits Of his
favourite Establishment, he had candidy declar-
ed to him, that if he had efficiently meditatcd
on the consequences of forging Bank Bills, he
would have propofed the mott capital punifl-
ment and that he would not have beiitated 10
niert it on the fame fcale with murder of the
frt degree.
This opinion was perfectly in unifon with the
fundamental principle of the pententiary fyftcm
the graduation of i;gn;Ga;fieHtS &c crimes.
But the degrsr of cyiqinaiity itfelf, co.ld only
be determined by the degree of injury, which
was done to lfocety, and consequently the
only found principle of criminal iufice, was TO
mcclure the pun!hment ofan offence by tJ in
furious consequences upon lociety. According
70 this rule, Mr.. L. obferved that the crime of
counterfeiting Bank Notes was more calami-
tous and opprefive than even the crime of MUIR
der. The hou(: would recoeGt that the Bank
OF Virginia is about 70 circulate 100000 dolls.
that this money was to be received in the pay
ment oftaXes it was TO be employed as a ten
der between individuals and individuals. What
then would be the coufequence, ihould thefe
notes be counteTSeted and dfcredited All the
reiourCes Of the community may be drained ::
individuals may be ruined, and almof incalcu-
liable evils may be produced.
AIr. TaSzVeN therefore conceived that the
ffa'e and individuals under fuch circumstances,
would fuitdin more important injuries from the
counterfciting and pafIing of Bank Notes, than
even from the crime OF murder, and that it was
confequently polite and Jun to fubjcd it to an
equal puni0ment.
Maj. HolmeJ hoped the gentleman from Nor
foik would content to change his amendment,
II as TO make a determination between the man
who counterfeits 4 note, and the man, who paf-
ies 1t away, knowing it to be counterfeit In
making criminal law, the Legislature ought TO
felect that punihment only, which when the
cafe was brought before the Jury, they would
content to inll6t upon the offender. But there
was not perhaps one Jury out of hundred that
would find verdict of " guilty" againR the
man, who bad 1nply pafed Bank Note, when
that verd6f would carry along with it the pu-
niihment OF death. The two offences introdu-
ced into the appointment were different "a their
nature. The one was more difficult 20 be prov
en- than the other, and II the punilhment Of
death was extendedto both, the Jury would
fcarceiy ever find 4 verdict agaiuR It. Mr..
Holmes here cited cafe, which had been tried
At the af Winchester ditrict court. Huhbcrt,
the criminal, was accufed for palIing forged
Bank Notes, knowing them to be fuch. The
teitim0ny acain0 him appeared irrcGaible
there was rot 4 chafn to BE- found in It there
was icareely man, who did not believe him
guilty. Yet ont Of the four indictments or
which he was tried, he was squtted on the two
iirt and condemned on the two la(t and there
was no ore pTefent at the trial, who did not
believe if the punishment Of confinement had
been extended 70 wore than four years, thai
this man would r1, have been found guilty even
on the two lar Indictments. Mr.. n. therefore
luJmitted 70 the mover the propftty Of lea.
ing tie puniihment Of death TO thofe only, who
ihould be guilty ofihc crime.of coun.erf.i.iaq
M T6om9j5V thought that forging was
more H4gr1ut crims than Healing. IF a man
Seals, however, he is confined and if this Is
wore, he thought the punihmcnt ought to BE-
create.