The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-18

/, sawed oy To out whether OF those who are
saved, the majority are not given back into
the bosom of society with commcndable
habits of order and industry These are
che great points on which the benefits of this
wise and bencvole mt institution will be found
70 rest.-But this system thus excellent in
itself, may be in u certain degree defective
under its present organization in this state
1t is with that profound Difference which is
due to the subject, thu. your committee beg
leave to point out such defects as seem to
tsthcm to attach to the Institution in lis hre
senf shofe -.
The first thing that we beg leave TO mention
as an imperfectioD, is the distinction drawn
oy the law between murder in the 1st and
"a degree. This we cannot but regard. with
the chief magistrate OF this common " ealth,
AS - absurd IN the extreme" 1t IS dis
tiTction utterly unknown to tho common or
Statute laws # England. It is feature ex-
4 lusivey copied from the Penitentiary law
OF Pennsylvania. 1t is unknown TO the Peni-
tentiary law OF New York, borrowed, like
our own, from that OF Pennsylvania. 1t is
one which the ingenious father Of this sys-
TEN in Virginia. himself, 'repents ever to
have recognized. 1t is one not only emf
nently ' absurd" but pcrnicious. and liable
to extreme abuse. What is the cause of
/ that number OF ConviCts, who are now impri-
soncd in the Pontentary for murder of the
second degrecs What does the.daly expe
rlence OF our courts of justice exhibit t.. us
What is more common than for jnrics, mis-
leo by the pathos OF the orator, M the situa-
) tion OF the criminal. to consult the suggesti-
ons of mercy, by softening down the hues of
the most atrocious ,murders? Executions
TOR murder are growing as rare in this state
AZ they are in Pennsylvania. where they
are sort OF public spectacle, the very no
velty OF which attracts crowds of spectators
farNand near.
i he wholesome terrors OF the law seem to
be losing their restraints, and the blood of
the innocent is beginning to flow from a
misplaced economy of the blood of the quiz
fy. These verdicts too, arc sometimes rem
atred in opposition to the dictates of common
sense. For what shall we say of the COM
mitmcnt ola female from Norfolk, who was
found guilty of murder of the second degree,
under an Indictment for the murder of her
own child, whenit is plain to every one, that
1t she had unfortunately killed it without
reconciliation or malice, she ought TO have
been cleared; bat if she had sttied the
child OF her own womb, that she would have
deserved to have ranked among the most
atrocious of murderers?
But where is the remedyi Let us return.
We say, to the Old and the only distinctions
recognized by reason and justice. :" Man
slaughter" says our excellent chief magis-
trate, 90 isNthe true distinction" Let us a
dept those species of crimes which are re -
cogslzcd by the English law, but without
their bloody and indiscriminate punish
ments. For murder. let there be requisite
malice atorethoughr. either expressed or
Implied" In cases were there is yoiuu-
rary killing" with :. sudden heat" Or in
voluntary, bnt i'm the commission Of some
znla7gfut act )" let there be the different
grades of manstaushter. The other modes
OF killing will pass of into the various sh AIDES
OF homicide. ercusable orJustifa5ie. accor-
ding to the shade of atrocity, which the acts
may respectively assume.
Yet there is another point on which your
committee cannot concur with the communi.
Cation OF the Governor to the General AS
ssnibly. The Governor supposes that the
punishment" and of course the period of
confinement, ought 20 be ." fixed to every
crime, according to the degree of its atroci-
ty But the question is, how are these diff.
fereur degrees of atroc,ty to be fixed The
shades are so numerous and nice, as TO defy
the power OF definition. The mere attempt
TO do 1t, AS to any particular crime, would
probably expand into volumes. The shades
OF atrocity are as various as the different
cases; and cases would eternally vary with
the SITUATION, the age. conduct. character,
disposition and the motives OF criminals.
On the other hand, to- fix the punish ment
To the crime. spifhont regard to those de
BreeS OF atrocity, would be an utter confusion
OF all the varieties of guilt. Inc law would
indeed be, what il has so often been called
the bed of Procristes: if too long, the unl,aD
ply criminal would be lopt; it TOO short, he
would lie stretched to the precise standard
OF legal torture. EDplea of circums: ance or
scesSity would he received in mitigation of
, tate Fis education age, character, past
conduct and present situation are to be to
tally overlooked. aud every thing is to be
narrowed down to this simple question: Did
he or she do thi8 dee9 To shew that these
distinctions ongiit not to be lost sight of, we
beg leave to cite the following pathetic case
from the records of Tybuin: During the
wise dispute about Faikland's island, a work,
man III London was returning one day to his
family with his wee.sy wages. Hc was ap
pretended by press gang and carried Into
the hold OF a tender. HIS landlord and some
other creditors head nf what they called his
elopcment. They seized on las furniture.
and his wife and child were turned to tn G
door. Within few days after the mother
was delivered of a second child. in garnet.
When weakness pcrmi.teI her to rise, she
left two naked children aud wandered into
the streets as a common beggar. Instead of
obtaining assistance, abe WAS reproached as
an abandoned yagabopd. In despair, she
went into shop and attempted to carry off
small piece Of liren. She was seized, tri
ed AMI condemned 20 be hanged. In her dc
fence tine woman Said that SIZE had lived re
specially aud happy, al press gang rob
, bed her Of her husband, aud ia him, OF all