The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-11

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the arrangements are already made, they ought
to proceed in their labor in order to return to
the tate fome OF the expences incurred on &c
count OF their maintenance and the purchafe of
the materials on which they work. The only
immediate flving will be the charge for re-
movsls to the Penitentiary while the ex-
pence III the Pententiary itfelf will be grs-
dually dimiuflied, in coulequence of the pro-
greCive diminution of the number of the CON
viSts.
But after tkis deduction is complete, there
remains yet to be encountered the finn of
4o50o dslars. This fun is made up, in great
degree of the following charges
l. Guards to iccure the prfoner after exam
nation by the County court, and before rernov-
nj TO the diHriet court, and maintenance during
that time.
2.Guards for his removal, and maintenance
during his removal.
.. Guards and maintenance until the trial.
4. The expencr of fummoniug the venire, of
the attendance OF the lherif' and venire, and OF
the witnenes fummonsd on the part OF the
profecution.
Theie items probably amount to four Gfths
ofthe aggregate of $4,000 dollars, and are fire.
Iquently allowed by the County Court without
examination. Opportunities of pretending tn
accountare watched for, both as to times and
perfons, and accounts have been certified, of
which not one fifth would have been allowed if
each county bore the expence Gifts own crimi-
nal profecution. / have no doubt from fcenes
of which have been an We wtnefs that the
grolIeft frauds upon the treafury have been and
are perpetualy pra6tifed under the pretext OF
hiring guards. If this item of the climate re-
ported by the committee can be greatly redu-
ced, without palpable Inconvenience, the re-
duttion ought to be at, opted, becaufe it
feems to me, that felons contribute that clafs of
people in the community, on whole account not
one fhi'iing !hould be expended, the necefiity
of which is not demonitrabe TO the mot or,Ii-
nary capacity.
As the law now fands, a perfon charged
with felony is examined by magitrate, then bv
the county court after this bill muft,be found
againit him by the grand Jury, and petit Jury
then determine whether he is guilty or not. All
this ceremony about plain matter of fact is
not only uunecefary but extremely expeniive
in monarchical countries, where the fpirit of
dcfpotifm pcrvades more or lefs every depart
ment of the government, where the liberty of
the people is in perpetual danger from regal or
aritocratic influence, the examination bv ma
Citrate, and the prefentment by grand Jury,
before the final trial, ought to be vigilautly de-
Tended. They conititute in fome degree bar
rier for the protection of porfona liberty againf
the hottie attacks of power and of wealth But
the influence cf which is likely TO De aIrefted, to
effect the conviction OF an obnoxious ofFende.
Yet in this commonwealth we have extended
the Britifh fyteH, and without adding to the
tecurty OF per.O0al liberty, have thrown another
formal difficulty in the wav of a pro(ecution.
We require that the opinion of the magistrates
of the county collectively illalI be taken, as to
the proPr'ety of continuing the proiecution. In
the great majority of criminal cafes, all this is
unneceliary, and in lieu of the prefcnt tedious,
troublefome, hazardous, and expenive mode OF
trial, fyftem ihould be adopted, of which the
following is the rude outline; an outline which
have hardly time to Retch, and which of
courie cannot by me be accurately filed up.
If. That 70 much ofthe cd. fe6tion ofthe aa
OF the General Anemhly, entitled 8. an a9 to
amend the penai laws Of this commonwealth
Paiied the 5th Day o. December 1896, which
makes diitInction without Eating a difference
between murder in the It. and murder in the
Cd. degree, and 60 much of the aet as comes
within the purview of this plan, be repealed ::
and that murder, high t'eafon, petit treafon,
rape, arfon, and forgery OF bank notes, both of
the United States and of this fate, he profecu-
ted in the way now preicrbed by law, aud pu-
nifhed with death.
z. That robbery, burglary and houfcbreak-
ing in the day time, and taking therefrom goods
10 LEX value pl ICur QOiidTSs I've punIihed by
burning the hand, or cutting the ear, and iuch
whipping as 4 Jury Of freeholders over
years of age, ihall by their yerdi9 direct.
s. That horit-feaer fllall be puniihed by
cutting off one ear, and fuch whipping, &c.
4. That all larccnies, horfr- tealing excepted,
ihall be puaiihed by fuch whipping, sc.
S. That the offences other than thofe already
mentioned, which are now punGablc by fine
and imprisonment only, 0iall GiIl remain 60, aud
that the offenders when fentenced to imprifon-
ment, ihali remain in the Jail OF the diAriGt, il
tries in the diGrict court, anu in the Jail of
county, if tried in the county court.
6. That all offences ercebt t5ojc bnni,Ba6I.
qvit5 de0fb, fhal be finally iricd in the county
court, when the profecutjon fhali be commen-
ced there, by a jury of freeholders over the age
or thus adopting, As to ali offences
except thofe OF The highelt clafs, that very iys-
TEN which is prefcrined as TO petit trcenies,
by nad Ofthe General Aiienbiy, pailed OF the
Ut day Of February, 1904.
7. That the expenses ofcrinina profecuti-
ons commenced and Terminated in the county
courts, iball be borne by the counties in which
iuch prOfecutOns ihall be commenced and ter
minated and in cafes where the prolrcution is
carried Oh az is now prefcribcd by law, the ex-
pence 'hall be borne by the counties rcfpc6tive-
" until The criminal is lodged in the dhr6t Jail,
and afterwards by the fate.