The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-11-11


passed infiicting death for a crime which ante
,cedeAtv subjected the offender 10 Imprisonment
in the stale prison Cor LIS, and autorisng whip.
Ping fus petit larceny. It has been Justly obser
we'd, tl.at punishn,en,s mild. speedy and certain.
aretli means best calculated to answer the end
OF criminal Jurisprudence, that they ought al
ways to be prOpOrtiOncd to the crime, & that the
reformation as well as the punishment Of the Of
fender ought to be constantly and steatliIy Kept
in view. The spirit of Freedom, the dictates Of
humanity, and tho principles OF christianity.
quire that the avail jpehAlty of death should be
inflicted as seldom AZ F0ss,ie. The scene ofdis-
tress and agony exhibited at All execution, natu.
rally excites AN ~ erson to the laws which sane.
ton such severity. Punishments will also be
more certain, When moderate and rational Ee-
cause, those who are best able to prove the guilt,
or who may be most materially affected BY the
crire, viii then feel no reluctance, nay, will
caeertully perform the duty of detecting and ex.
posing every offender. The jury win BE less anx-
ious tn seize upon sliecious doubts to justify AN
acquittal, and but feeble hope of escaping The
sentence OF. the law, by technical objections to
matters of form, or by executive cleinency, will
be entertained. Besides, by substituting mpri-
sonment at hard labor, society is relieved from
the painful responsibility OF sending one OF it's
members suddenly. and perhaps unprepared to
the Tribunal of his Cop. The fruits Ut his labor
,enure to the benefitof community or his famiiS';l
the regimen of the Prison precludes gambling,
greater enorm1ess and that discipline united
with the religious exercises Of the institution,
afford TO the charitable and philanthropic mind,
at least gllmmering hope OF ultimate repen-
lance and Reformation. Impressed with deCi-
ded opinion that the deprivation of life is sell
dom necessary, and that it is incompatible with
the genius OF a free government, and the state of
civilization and refinement OF which we Boast, I
am constrained by sense Of duty til suggest the
absolute necessity OF forbear ance to extend that
D,inis n-nt r.. az her .c:: ..:. .s..
and murder. With respect to whipping, for pet:
tit larceny, would remark, that there are vari-
reasons which might be assigned in favor of
confinement at hard labor in preference to cor,o
raj pans.-By the former, the offender is depr-
we'd. for a period, at least, of an opportunity of
repeating his crime, whilst in the latter case, he
is forthwith discharged to renew his degredati-
obs. a term OF temperance, labor, and private
on. affords hope of amendment While, on the
other hind, reason ana experience abundantiy
testify that no such reformation cain be wrought
by the agonies of a iaccrated body; for the pub
1icity and isnominy OF the punishment stile eve
ny remnant and ambition, and destroy the pros
pecl OF ever regaining character. might also
add, that the frequent Exhibition of cruel and san.
culinary punishmehts, wounds the scnsblity of
the humane. and corrupts the disposition. and De
praves the morals Of great proportion of the
spectators. With ceference. therefore, ] sub
init to your wisdom the propriety of totally ex-
SYSTEM. -. =.
There is much reason 10 believe that the Pre-
valence of crimes of deeper dye, are too often
the result of IMMUNITY for offences of inferior
grade; Although the Legislature have, by ava
riety Of statutes, enacted numerous regulations
topfevent practices of All immoral and DANCE
rous tendency, and which are GENERALLY the com
nencement of career of more inquitous and
cruliiiial conluct-and although the provisions of
those statutes are daily and VIGOROUSLY violated,
yet the instances in which they are enforced, are
astohislnSly rare. The security with which one
law is publicly ihfinged, not only creates AN ex-
pectaton of similar impunity for the violation of
others, but also produces contempt of the laws
generally Your wisdom will determine whe-
Their some more suitable measures ought not to
be devised to ensure their observance
The execution Of the sentence of Rufus Hill.
convicted of murder at the last Court of Over
and Terminer, in Chenango county, has been sus-
pended. statement of his case will be submit.
Ted to you without delay.
Most OF the arms, ammunition, and military
stores, destined for the Northern and Western
frontiers, have been delivered at their respective
places of deposit. Those for the counties of
Clinton and Essex are on their way; and those to
be deposited in Jefferson county, are at Utica,
and will be speedily transported to Champion
Under the act, aithorisng me to select and re-
ceive title for one Of the lots Of ground offered
by the Corporation OF New-York for the erection
Ola State Arsenal l have been enabled by the
hberaiity OF that respectable body, to obtain two
OF those lots, and a conveyance of them to the
People OF this State has been executed and de-
htered. The building has been finished and the
accounts OF disbursement will be exhibited to YOU
during the present session.
The proceedings which have taken place reia.
tive TO the acquisition Of the title to Rlliss's or
Oyster Island for Notifications, and of Watch
Point for Light House, and also under the act
Tor procuring an additional supply of ordnance,
small arms and ammunition, will be particularly
detailed i'll Il future communication
The powder magazine and dwelling house
for The superintendent, will be completed in
few days The quantity and situation of the land
obtained Tor this purpose, with an account of the
money drawn and expended, will be the subiec
OF special message.
1t affords me pleasure to inform you that the
Notifications erecting under the authority ofthe
United S, ates for the defence of the city of New.
York, have been prosecuted with activity and
zeal. variety of circumstances have retarded
the commencement of the Expenditure of one
hundred thousand dollars appropriated for that
object by the Legislature Of this state To &C.
compllsh their views by devising and common.
cling works upon which the greatest number of
distressed persons might be employed, and which
might be in concert with the defensive operations
OF The general government, and at the same time