Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-03-15
ESSAYS on
CIPII.AL PU.NISHDlE.F1S.
REPuBLIsHED
+ From the american Daily .ddpertiser. ]


+ From the american Daily .3Guertiser.
No. II.
The case of civil ruler and his subject IS
much like that of father and his minor son.
If the son behave himself unseeml!, the ia
Their may correct him. If, alter all due ad-
monitions and corrections, the son shouid
prove to be incorrig ible, the iather may expel
him from his family: and he may disinhcrlt
him; but he may not kill him All civil go
vcrnments originated in families The iather
of the family had natural right OF Jurlsdlc-
ton over his t.scendents and an acquired
right, on account of the support and pro-
lection which he has afforded them during
their infancy and childhood. And, by the al
lance or union of many families, 1t became
national. But the stream cannot rise higher
than the fountain. If no father have right to
inAict the punishment OF death on his minor
son for ally crime, then million of fathers
would have no right, by themselves or by
their Representatives to do it. In such case,
number, power, and substitution, considered
either severally or Jointly cannot create or IL
crease right. And / humbly conceive, that
the rightful jurisdiction of the civil magistrate
over any member Of the community, never
can rise higher than that of father over his
son during his minority. All civil, as we'll as
parental punishments, ought to be mild, hu-
name and corrective not vindlctive. inhtt nan,
and extirpating! They ought to be merc;fut,
not rigorous; proportionate to the crime. not
excessive; and tend to the reformation OF the
delinquent, but not to his destruction and
should be inflicted with reluctance, love and
affection; not with passion, hardheartedress
and asperity The highest enconlium that
Can be bestowed on good rulers, is when We
style them "The fathers Of their subjects,
and the protectors OF their rights" The 60
vernment OF states aud families may, and ought
to be conducted ON nearly the same principles
In we'll regulated family word OF d:sappro-
baton, or only a frown from the master CT mis-
tress, will often prevent an offence or reclaim
an offender. Will any one say, there Can be
no we'll regulated families, unless d drawn
sword, stained with the blood of their presie-
cessOrs and contemporaries, be continually
pointed at the breast Of each of their members!
And among enlightened freemen, can 10 coed
civil government exist, without the lnRlcl!cn
G., I.human and sanguinary punishments
VIII not c,emcncy, moderation! and affection;
and, 1t necessary, confinement and humane
corrections, tend more to lessen the number
and atrocity OF crimes; and to promote the
peace and safety of the community, than inhu-
nanity and bIoodshed Certainly they will
The cords of love and duty, viii form a strcng-
Ell union than the tcrlors Of the sword
The true end CT all civil punishments is
fourfold. |. To make PREPARATION to the party
injured. This is commonly done by pccunia-
~ amercements Or fines. If PREPARATION can be
made, or if correction be necessary, it ought
10 be done speedily. For the offender to che
rish the hopes of escaping with IMMUNITY for
long time after the commission of the crime;
and for the person who has been injured to sui
fer long delay before any compensation be
made, or any punishment be inflicted, may
have bad effect on the party and on the pub
lie. A small penalty, scasonably applied, will
frequently have more salutary effect than a
tender. 3. 10 deter others from committing
the like crimes. 4. TO promote the peace,
happiness and security of the community.
The last end may be attained by securing and
continuing the criminal or by banishing and
transporting him out of their jurisdiction.
Subiecting him to hard labor and corporal
punishments, would deter others, and might
reform him. And, in many instances, he
might in that way make some repalation.--
Subjecting him to death cannot reform him,
Tor make any PREPARATION to the party injured
1t may, in some persons CRAFTY revengeful
temper, which never ought to be gratifed.
a pubic execution may produce momenta-
~ terror in the spectators, but at the same
time it excitcs in them the emotions of pity,
humanity and sympathy, which incline them
to take the part of the sufferer, and to blame
those who inlict those punishmcnts upon him.
These emotions are excited in the breasts CT
the best part Of the spectators; and cause
even in them temporary disahcction to the
government. If such emotions are excited in
the best, what may We expect from the worst
part of the community. In large and popu-
lous cities, great outrages are often committed
BY the mob on such occasions. kisa general
observation in London, that the frequent exc
cutions at Tyburn, have had most perni-
cious effect ON the morals of the people. At
such times great numbers of the most aban-