The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1822-12-18
GD.srsitanp


M beg leave TO remark, IN addiiop 10 what
has ol, eaJy fallen from yonr correspondents,
.. Beccs,ia," a lev exceptions, that secm TO
have escaped the notice oi that fIent writer.
Not but | approve, IN general, the substance
Of all he says, but many OF his ideas, need
qualifying, TO sui, exac,iy the state ol the mat
ter in hand aud sometimes, even his ex-
pte. sions a,e not Sufficiently plan, TO make
nm wei, underwood, and are so bcief, as AL
mos, 10 be obscure. Bu, this proceeds prob.
ably from tho bsse, with which he composes.
shsu thor etore, SHOW him ~ my cfijcisms,
all the tenderness tina, is possible, hoping he
will excuse the eXtteme candor and iiankncss
Of my opinion, 10 nato'diog his sense, or dill
fetiog from him, as conceive, as 20 some
ninng particulars Fines. and Prcuniary
n,ulc,s, mey operate ny selhsh motives, us
true, 10 deter from crime, but can hardly ba
supposed to affect the conscience, unless
tht0ugh the nisdium OF the purse and thus
oct rathsr as Weventives 20 the tirsl cotnm''.
. sion, than az efectuai means u reformation
Afterwards. Besides, II Is wari'y suggested,
thi, remedy cannot tske place, ~ every 'n'
slsnce--as il must sometimes happen, that
doworlgh, pove,iy and guilt, shall attend ono
another. SooUld tbe trsHsgressOr have moth
ing tn pay, in rCtrIbu,ion OF his fault, inprrs-
onolent VIII bc rcsofted 20, as the inst meth
cd of satisfaction, ill tie state or his hieDds,
shall see Ill 10 give him rsiessc. Other
wise, his continuance IN all /. perpetual, ior
as I've has no monry 20 aDswer his bDe, ths
s,ate is ussiessiy bur dened With an unnscos-
say cxpsose oi supporting the ptisocer SO.
ciety 10 liuie beDl fitted, ~ tho p,cen while,
by his captivity, as II amounu onty to- ibc
.-ssyp,vsDy loss OF bad cit,zco and u !. q tito
uucertsn, whether his confinement he long
or tigorous enough, 10 produce any serious
pen! on his p,tt, thoagh much TO he
pub,ic, who a'e al the charge OF his living.
Should The friends OF the convict, think propre
10 pay the Zoe, the ea,'n.ss OF relief would
= Npfobpbly lead 10 thc.p, ic.icc Of u:bcr, and
pei b,ps greater Offences. Sucb are tire re-
snatks nave head hinled, Uor they a'e not
originally, nor a,toge,hsr my own, yet ac.
knowledge their correctocss,) by jodicious
psf,vn, | sccid dsnia!'y vefsed vita, . shot,
while ago, d, orc of on pubic corners and
it would be uliSanl,, presume, eo'i ely TO
'ebul tDeit force. SuIl We may venture to
enquire, what can be t.ity urged, IN palIa.
too and defence ot ,h- plan, favorable TO ,he
exsc,ins oi iines and imprisonment. Penal.
ties mus, oilner be chAkcd OIL, by precise
too, I, Jesigaaled, as 10 us peculia, oa,urc-
or iei' disc e,ions'y wih the lnry ana Judges,
10 be decided on, as the emergency ot The oc.
Sssion shalt demand. II the crims and H.,
punishment Be specified, the criminal indeed
may discover opportunity, 10 eyade the pain.
OF the law, by shuoOing the technical descrip.
ton Of the offence. Bus IN be coptroty, Is
not the DAGGER equal, where 10 offence IS
dshn,tely provided against. The criminal 10
such instance, has no beacon To warn aim Of
his exposed situation, and may rely TOO coo6-
dentIy on hi, safety, when al is trusted TO the
latitude at his ioises. An unrigh,eous hope
nsy be ,osinua'ed, that he, by ,ooky io,at.
po,hioo Vi iotoDe, viii escape uncoDdcmoed.
Too much, likewise, uoold he referred BY
the law, 10 the int, pref hion Of those who arc
only Gs miois,srs. Uodovbtediy, il Is impos.
sibe 10 Hive an ample description OF the mul.
iip,ed crimes, witch may DO committed.
Btu IL i, easy (, dis,,ioo,e ADD divide then
into classes, and each class should have us
due punishment s>sisoed, aud modification
Of peasiiy allowed, 10 all suonalcu, eases
Thus wit complete scale be io,med Thus
the Court will no, usurp, mote than is neces.
sAry, the iunc,ion OF Legislators, nor the later
act, as ~ thsy were executors, aud no, crca
tors and psovlder, OF the law. In extrsordi.
nary deIsoI, Of justice, the legislature may in.
terlere, and order that 10 be done, which is
expedicn, under complicated cireums,spce.
Not that tr p,1 Idcio statues can be passed /;
but ,hi. power OF scung may be specially re.
seived, the sssemhly then si',ing, ss a uibu.
nal, ot hlgher Couu OF Judics,ure. Should
Enes snd imp' isopment. slough 20 quiified,
he iound nsuihcieoi, other remedies nigh,
still be tesoued 10, and the purposes al cqui.
~ fully accomplished by means nei,her babs-
rous, shocking, noe iphuwsoc. The objec.
iion 10 state pl ison seems to be, II is no, co-
Iy too large sod expensive for q small state.
Z Ike osss, end too gseI isr The number Of
4 80. Ll--l--- u N -. ~ :. y 80 ~ y