Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1823-12-18

/ ale Keeping, to employ an additional
orce in aid Of the public guard. This
vas done by calling into service a
company of militia for several DAYS,
nd accepting the services of The voun-
teer companies which were freely ten.
Tered by them and received by the
executive. Capt. Samuel Cary prof
tered his services to raise company
Of volunteers 10 relieve the militia, it
was determined to accedc TO bis pro-
posal. The company. 75in number,
gsere accordingly raised for sixty days
unless sooner discharged. They were
0oi finally discharged until the end of
their term OF service: for, though the
prisoners were removed to the Peni.
tentiary before that iime,. it was moi
considered secure enough for their safe
custody without an additional guard.
On the final discharge OF this compa-
ny OF volunteers, 1t was Judged pru
dent to continue guard OF twenty FIVE
men, with an ensigBto command them,
who are at this time acting with the
public guard, having been enlisted for
ninety days unless sooner discharged.
The situation Of the Executive, on
the happening Of this event, was new
and somewhat embarrassing Their
contingent fund was nearly exhausted.
An imne dlate call Of The Legislature
was thousnt of for q moment by my,
sell; hut short reflection induced the
opinion, that this rneasuee should not
be,rcsorted 10, unless the necessity was
evident. A sulSey Of The penitentia-
~ was determined on, and it being the
opinion OF several intelligent persons,
tnat 1t could, al no great expense, he
put. IN a situation iii short time, with
the ASSISTANCE OF a part of the prison
ers, 10 keep them IN a better condition
in 81! respects than the armory, it was
determined to make such temporary
repairs as would be sufficient icr tins
purpose, and also to enable them TO
carry or their manufacturing opera
iioi4s 10 part. This was Thoughts bet
teg than, IN extra, cali of the Le2islal
turs AT that season OF the year, which
woul i have subjected the members TO
great ipconyenlencc, and The public, to
a heavy aud unlocked for eSpensc.
There. being no. public money, which
could, be. applied 10 those repairs, the
.ExScsltlye made. a loan Of one of The
bang on their individual creGil. Tie
whole amount eXueuded in extra
guards, materials, work, &c. does
not much exceed the. sum Of 5000
4 copy Of ibe accounts 'pceompani,
this copmuqicatlon -msrked-Eo |, -
1t was considered, also, that the ma
tf,ials procured and work done, wcuid
all be NECESSARY in tbe permanent rel
pairs Of the building, so that 90 less
eseelpld be- Sustained. And ::nvcstiga-
ton has been made. by The Directors
oil, the PeniscniiqTy, INFO the probable
origin OF the frs,, and Che loss .snalain+
.ed m raw onla,egialS and, .niapuF CURED
articles,. From this Investigation, il, is
not ascertained with cestai.nyy how the
fire originaled; and the, loss. sustained
ilTaW materials and Manufactured ar
tic|es, it's stated, VIII not exceed TWEEN
.ty,flYe thousand dollars. \
!, On ibis subject, of the PsnilentiaHry ]
system, / trust 1 shall, tie pardonea
for making q few remarks. That the /
penaI code tofeyery civilized andch
tan .copln';unlty, is an object or the !
first lnipoTtsIee,. is admitted. .bv all
WHO ar competent TO reflect aud form |
81 s, SSrieD onithe subject, II ras, the /
.lrpl,GySI 'ylcfiop. IF he, great truth, shas /.
,iae, ce.. euiatg OF pgnlshtpent would BIZ ]
'lPqre thec'ua' IN, preventing crimes
lEan ITS seuel 'ty, WHICH induced. thai
Ralantpropic legislature, who adopted
We peu,pilary system, to do SO. The
.Want OF agplace Of punishmentl was
graduated to the nialignily Of offences,
was apparent 10 all attentive obser
,yers That he. same degree of pun
ishmcat, and that he highssl known
TO the law, should be inflicted on the
trembling porloinerl of bis neighbor's
goods. for the first offence perhaps, as
,was Inflicted on the midnight house.
burner and assassin, was shocking to-
humanity. Juries often strained
point to clear the prisoser, when in
heir Judgment the punishment was
90 severe, when conviction would
have taken place, had it been in any
degree proportional to the offence-
i'nclExecutive power also, frequently