Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-06-15

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nishment (as must be inferred from their re
port, principally ON account of the number
of convicts crowded together, and condemn:
the whole system as being too mild for tho
punishment of piracy, it is TO be hoped thai
by obvlating this objection the chairman oil
the committee will explain the defect in the
system and not the administration of il, and
consent to the communication of death by con-
fnemcnt, and hard labour, unless it can be
shewn that this system is radically absurd
and abortive. But to follow the report a
little further, it is said I" the Executive Gle
" mency has more than sufficient range for
" its exercise without the aid sought for by
this resolution."-I suppose the committee
were apprehensive that the President would
in all eases commute the punishment, which
could hardly be expected, as there is a diff
ference in the depravity of the offenders /:
and wish him to exercise his high constitu-
tional responsibility of partloning those he
may consider less guilty or let the law take
its course and involve whole crew in the
punishment of those confronting and COM
pelling them in the commission of their
crimes. Had this report been penned by
the late inquisition of Spain, nothing better
or rational could be expected but that
committee of the enlightened, and dignified
Senate of the United States should have la
boured so hard to prove that the system of
aninstitution would not answer, because of 90
years management and experience with gross
errors incorporated in the beginning of its
operation, andperseveredi in with as much zeal
on the part of those hostile, as those anxious
TO remove the defects and improve the sys-
tenn, IS surprising. Had the committee ex-
planned, why the penitentiary system would
not answer, were it clear of the objections
they make, it would have given very desira-
bic information. should like to know the
objection to the Presidents committing the
punishment, instead of pardoning, ifhe is not
avery different man from what have al
ways considered him to be. He must act
very contrary to the true principles ofjustice,
were he to suffer the whole crew of vessel
TO receive the penalty Of the law, because it
IS contrary to reason to suppose that every
individual OF the crew can be equally guilty !;
but that they are accessory before or after
the fact is not to be doubted, and should
meet with some punishment, is proper and
Just as a terror to others.
The committee arc rather inclined to com
plain of the mildness of the administration
of our political Institutions: "That we have
/" forgotten the protection due TO the pub
" lie and call that punishment which the law
F" prescribes for offenders, cruel and degra-
F" ding to our national character" Strange
indeed 1t should happen that as piracy is pu-
nshed by death by ali civilized nations" it
should continue to increase, particularly so
when cruelty is called in to correct the mo-
rails OF the people; and more strange it is
that when we see in England, (whence we
have copied our laws that they have found
with thousands hanging, crimes continue to
increase, and there they are endeavouring to
introduce mode ofpunishment, more con-
sistent with justice, that committee of the
most enlightened and republican assembly
that ever Sraced any country, should be so
dark IN error as to discourage the admins
tratIon OF justice upon the purest principles
of Humanity. This error is much to be re-
GREETED by the philanthropic statesmen who
are endeavouring to render the condition of
their country more enlightened and dignifi-
ed. Whatever has tendency to increase
the immortality, and iustifes it upon the
grounds of expectancy 1.-THE plea of tyrants, J
has strong affinity to cruelty, and its CONT
nuance will degrade the country, be it where
it may. We condemn the barbarity of other
countries in the same way, as the committee
condemns the penitentiary system in this
country ; that the safety of the community
requires the adoption of such systems as best
suit their views. In some countries it is con-
tended that ignorance is essential to protect
more safely their rulers in their systems of
oppression, while the other follows the same
course, but assigns different reasons, which
in the result, exhibits the same effects that
of unnecessary cruelty, without in any in
stance bettering one individual of the coun-
try as the one fails in the end to secure the
prince upon the throne, so the other fails i'm
protecting the person and property of the
citizens.
James Harmer, solicitor residing in Hut
ton Garden, whose experience in crown
practice was upwards of 90 years, gave in C.
violence before a committee of the house of
commons, on the subject of capital punish
ment, the following statement !" first as to
+" forgery, it appears to me that the punish
" ment of death has no tendency to prevent
{" this crime. have in many instances known
" prosecutors to decline proceeding against
4" offenders because the punishment is so Sc
" we're. instances have come within my
" knowledge, of bankers and other individu-
+" ais who rather than take away the life of
" fellow creature have compromised with the
delinquent instances have occurred of a
prosecutor pretending to have had his
/" pocket picked ofthe forged instrument in
F" other cases, prosecutors have destroyed or
g refused to produce it, when they have so
F." refused, they have stated publicly that twas
f" because the prisoners life was in jeopardy.
a." also know another recent instance where
I" some private individuals after commitment
(" of the prisoner to raise a thousand pounds
I" for the purpose of satisfying some forged
f" bills ofexchange, and they declared that if
" the punishment had been any thing short
4" of death they would not have advanced a
farthing, because he was man whose con-
" duct had been dsgraceful In all capital in
dictments with the exception of murder
4" and some other heinous offences, I have of
ten observed prosecutors shew great re-
+" hctance to persevere, frequently FORGETTING