The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-22

| paper mould involve the flrl: degree Of crim-
nality, aud ftould .Gnbiea re offender TO the
| fame degree of puniihment rs vile trsa,on
againit MS country, or rs prerne.ii'ated inur-
der. appeared TO him to be petition fraught
with the MOT glazing ahfirditv.-Obierve the
Infamous machnations of the traitor. You ind
him conceiving the mott defperate deliens.-
70 lee him attempting to undermine the very
foundation the pillars OF foccty. Il is not
the quantity of pelf, which this man is 10 accu-
mulate and to defpoil; but it is the very exit
ence of fociety, which the vile traitor brings into
ii'ne. When he acts, there is TO lefs queeion
at take than whether his country shall continue
IN the catalogue of na,ious. And ihall man
OF this cait, whole conduit WIS conlidered 70
deteitsbie, that it couil formerly be attributed
to notng inort OF the initigations of the devil:
tha!l 4 man who thus cody conforeS aga;nit
his country, and brings into sxiitence a nlyriad
of evfis, iha'l he be compared with the mere
, counterfriter of piece of paper? No fureIy
whila the one tinks in the duff the other is tow
erins among the clouds.
Next 90 the hoary traitor, the murderer laws
Claim 20 the guilty and infamous pre-eminence.
In his hofom malignity finds her moit congenia
and fivourte afylun. Yet we are told that
the murderer may plead in his defence the
itrength and propriety Of bis pailions Has the
counterfeter then nothing &c plead Can we
find no rational apology or extenuation for bis
offences Perhaps be may plead the unequal
| diitributioa ofproperty: perhaps he may draw
/ before your Imagination the ruin Of ncritor-
Gus family, reduced to the mon wretched DO
verify by inevitable misfortune, md dependent
upon the reiources of his ingenuity Cor the very
| duration of their being: he would perhaps
! point on the other hand, 10 the wealthy men of
J the world, and ak by what diftinguhed lervi-
Ccs they had acquired fuch claim to valt fu-
/ perahundance OF comforts and Injuries. He
! might allcdge thouiand arguments OF The moi
tpecous nature, TO paate his offences; and
| though they might not be fu,iicient 20 convince
! the understandings of impartial people they
might have had fophGry enough in them to
| flcuce the whiiDcrs of his own coufcence-In
COM Daring together the murderer aud the forg-
er, we are apt to omit a moG Important crcum-
itance. The forger of bank notes is in continu-
nj activ'ty; nc is forever executing his criminal
iehgus. Bat the murderer, having once Gn1si
refs from his Iabours, and appears in the cha
racter OF m innocent and harnleis being The
Ceaielei% a9ivity of the one ferns thus to
fupply tOme equivalent TO the inveterate
nlalignity OF the other And vet if we. Cinpof.
that for each note which the coupterfcitrr cir
cu'ates the murderer was to do a deed Of
death, we Nlould not heffqte 70 inveh him
with The palm OF guilt and this is the point of
view IN which we ought tocorpare then.
y has h.cn i'id that the iutevsfs Of ovrre,-
me do aio call aloud for revilion of our penal
code. Sir, flid Nir. 3. no man adnlire3 cecono-
my more, 40 one would pur(le it farther. ths;
mytrlf Bu5 can never content 20 compare
Blood with Money. True. 4 few dollars NAV
b faved, ny the cye-.hrov of orr penitrnfiary
fyfe'n but tseGe III, are lighter than feathers
tot m the air. IF the Dreiervation of our penal
iyitem ameliorates orr focal condition, tell me
not of cents and dollars We have already ex
| pended two or three hundred thoufand dollars,
on verires, on witnelIes, guards, public pro-
iecutors, and fir, let me add, hangmen. 1t is
not then tuch mighty iaving, that we [hali
make, by this boafed economy.
Paihug then from the revenue let us en-
quire into much more important topic, the
incrsaie OF crimes. The morals of our citizens
are at fake, and when they are concerned, what
IS the value OF money and of revenue, in conf
deratioa 81 the:y importance! The gentleman
has expatiated upon the augmentation of crimes
and the mildneis of our punflments. But how
has thisfact been afcertained. There is no
itandard, fr, more falllcous, than the one
4 which has been employed comparing the
number of convictions together which have oc-
Cured before and (ince the Introduction of our
.nii:ier ccce vi! 80; ttFat gentleman for tile
rule, which ne has difcovered, of afcertaining
the rITn5er Of former convictions Sir, nv ar
! gumeRt is even Satisfactory appeal to every
! mas experience. I have already defcaptcd
upo1 the 6rea' influence which the former fyf-
TEN gave 90 an eloquent advocate, over the
mercifu mind of a Jury. When they were told,
that !. was better to let % guilty men ercape,
than 10 condemn one innocent nan 70 death,
their feelings we're touched their cnnr-ienc=s
were difurbsd: and even the gentleman him
ie'f VII admit, tiat there were many cureswhcn
acqui,tais were formerly pronounced, which
are noT .abie&ted to the rigorous c,iicirm Of
the law.
Bnt tbis fIhicamaybc placed in a new point
lof7i'v. Admitting that the number of CT; mes in
Ieencra has inoreated, f it will not follow
that theuumberof atrociouscrimes nsynol have
been ci!pniihed In England robbers are fridom
ipnt to death, beanie they are puniiicd bvtranf
Iportacion. But the iawof Gdt5asmorcriQo
What then is 'he conitquence? That in England
lrohhery s leldom accompanied BY aiaiunaton /;
but in Huilia Where The r0bbcr is fuhieGcd 10
the fame dreadful punfhment, whctherh foares
Ion iac,7hces the life OF 1is within, he will have
no motives Of compafion TO FAY his hard, for
his own exlfence dependsuDon hisferocitv, and
the only chance of efca7c is 10 be purchaftd bv
the death Of the info1ner. If the legir, ors OF
a country will then initiate tine fluguinary roll
icy Of Draco, aud puniih every crime equally
with death, what other conf-quence can thsy
expeG from their labours, but that all difcrini-
nation OF guilt lhall alto be loa in the mind Of