American watchman. [volume] (Wilmington, Del.) 1814-1822, 1822-02-19

"
men at Washington, to be bis own trumpeier ant
publish book. For reasons we shall not attemp
to investigate, the laudable example which has ),
long prevailed with these aforesaid great men, ha
had mitators in this little state, until the pubca
lion of the speech which is under review. w
intend not to censure practice which emanate
from such high authority nay, we would applaud
it. and readily tolerate the little vanity that prompt
a man 10 write long essay, get it by rote, AM
promulgate it, not 10 convince his hearers, but Il
make the crowd stare-provided the essay be meri
torious in itself, and calculated to amend the public
morals and enghten the public mind and this il
the question we mean to discuss.
If we regard merely the object OF this essay, j
deserves our decided appreciation. An attempt K
ameliorae the criminal code OF this state, TO eras
from our annals the black record Of hanging, whip
ping, branding and cropping, which eminent,
disgrace them and to substitute system OF restrain
and punishment more efficacious in its provisions
and more in harmony with the spirit Of the age ant
the genius of our institutions, is an attempt which
whatever may be its fate, our appreciation mus
always follow. No citizen Of Delaware, il he thinl
at all upon this subject, can stile the reflection tina
while our sister states have been actively and hu
namely employed in the reform of their penal code
we have closed our eyes to the example; and j,
| defiance OF experience and philanthropy hay
scarcely made an essay towards an improvement o
the system under which we have lived more thai
an hundred years During that period our form o
government has undergone radical change. From
a monarchical government we have become gov
eminent OF the people ;-petsonal equality, liberty
OF conscience. freedom of the press and OF suftage
responsibility OF public servants-have been estab
llshed by the popular will the firm basis Of a con
stitutonal act. While these important changes ii
| our political system have been effected why is /
cn6e hat yrA tcha ed Of
narchy, remains untouched by that pervading sprl
which has new modelled all our other institutions
i he penal code of this state remains, with ntl
variation, as 1t was established by the act OF l71e
Our country was then in its nfancy--D elaware ha
only fifteen years before seeded from its connection
| with Pennsylvania and become separate govern
eminent. 1t can hardly be supposed that the nae
| OF that day were adopts in legislation :--educatlo
and prejudice had taught them TO regard the law
/ Of England as constituting the perfection of civ
government and they blindly copied the system
4 OF the mother country with all its impeIfections o
its head. The act of l7l9 created thirteen capita
loHences TO wit Let, the crime against nature-9t
rape, s. arson, 4,buglary, S, robbery, q witchcraf
Hconccalment by the mother OF the death OF bias
tard child, 8, MORALLY stabblng upon sudden pre-
vocation, 9, malciousy cutting out disabling th
tongue or TO- putting out an eye, II, Sitting tn
nose, or IL, cutting off the nose lip, Is, cut
ting OFT or disabling any limb or member OF an
other person, zvih intent 20 main or disfguro him
which, in addition 10 high treason, petit treason an
murder, constituted list of sixteen offences, a
that PERIOD subj Getting the offender TO the punish
nent of death. Ii is no slight indication OF the pre-
udice which rcigned at that day in favor Of Brilis
laws, that the legislature should have incorporate
in the penal code The statute JAG. l, against stab
\ bing and the statute %. IS. Chas. g commonl
called the Coventry act statutes which were il
their nature temporary, and predcated upon extra
lordinary and peculiar circumstances. The statut
of janies made the sabbing of another upon a sud
den brawl or provocaton. (Which at common lay
was only man slaughter) if The person died With
six months, felony without benefit Of clergy. jams
|. had just been translated from the throne Of Scot
land 10 that Of England, and the feuds ahich ha
Ilmmemorially subsised between the two nations dis
played themselves among his English and Scotch
attendants IN frequent quarrels, and Sta65ings will
Il short daggers which were then usually worn. Ih
statute OF Charles H., WAS occasioned by AN assault
on sir John Coventry in the street, aud Sitting hi
nose in revenge as was supposedly for some obnox
ious words uttered by him IN Parliament; and mad
either OF the acts enumerated above in items g. IL
IL, IL, and l3, felony without benefit ct clergy il
the principal, his counseors, aides, or abettors.-
4 These laws, so obviously intended TO parti
cular occasion, and utterly indeensble on genera
principles, were, than century after as re
CARDS the stabbng act, and about fifty years aite
as relates 10 the coventry act, gravely adopted BY
the legislators Of young colony and an infant SO
ciety, and are at this day, the law of Delawae! :
SILL more preposterous and inhuman was the poll.
Icy which induced our progenl.ors to adopt the sta
tutes and 81 Of the same James, by which tn,
imaginary crime of autchcrdff, and the conceaiment
lby an unfortunate mother, Of the death of an lille
climate child, were made capital offences. 1t j
due to more enlightened period Of our history II
state, that after these penalties had been permitted
to stain the statute book sixty years. they re
pealed; and "a decrepd old woman is no longe
Subjected by her infrmities wretchedness, 10 th
: danger of being drowned or hung as sorceress
nor is hapless female the yicliln Of her own sen