The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1823-03-05
G0isreiiany.
na Inn nnopKlsLAap KEpuyLIcAN.

iDlc reception my iast nunpef met WIN, :"
tuccs me not TO qon III: subject oil Cnm'oa'
Law, without stating IN IS pertinent hah'c
.s possiblr, some Of those principles tecoG'
y:zed by municipal aod sbssraet justice, on
lyarch the pfoprieiy OF punishment - ioond'
I'D The great mistake AS TO pfsciice, seems
10 aiisc from On unlhinkiDg assump1on OF
f,sc no ions in iheory. Ethics and ponucii
expedience, however commonly coo'ounaeo,
cod mutual tho rsistion they bear cne another,
80 an intellectual light, arc virtually and ~
fact, SO fsS os this subject Is to DO considered,
two very different things, and liable as DIS
tinci branches, 10 distinct application. Mo
,sluy in It's highest sense, tscertainiy o sno-
lime science, end regsfds not only our out
waid conduct, but the secret motives 81 the
heat IL telstes more 10 the course of estlS
rnuure and ,ui,ioo, ~heO en!ofced by ChIs
,iaoiy, than TO plan OF Legislative policy,
The end of which is 10 re- foi ~ the wicked, aud
Keep The d,ssoluie 10 ave. On this account,
legal rc,,ibu,ion reaches the overt act, and
1gedita,ed crime, or even mispiisios ~ ti'c
deed, is either not punisbed, or less severely
in 90 acces.ary, than the principal concerned.
In the ,u,b of our consciences, Con 10 The
Judge. 10 judicial proceeding, II has been
customary .no0g tho best Legislators, 10 c,s'
a.imna,e between the vilcness Of the mouve,
and thc outrageous violence OF The uan,stcs.
zion. Homicide may cnies into The wish o..
aoy man io'qUitously disposed, but no human
bar eau atfaign him ~ is irlbupd. p IS not
sufficient The act is ilrgrsDt and unjust, It
should be fully developed, and we'll proved,
IN ntder 10 be punished. The Civil s0d Gao
pn Codes, ars omewba, more a'bi'fa'y 10
phcif deci,ions, and IL has been perhaps ny
blending these with the study OF The Com'
mon Law of Bfilain, anil ns Parliamentary
:SiatuIes, that erroDeou. impressions oi poll
sic lsw have been frequently imblbed. One
Svas peculiarly suited 10 tho msxms o' des.
po,ic Cove, ntpeD,s, and he worst ot all tyron.
i.es, the latter Roman Emplfe--'he o,hcr
was framed w successive dec'Siais, 10 exa'i
tho exc, bitaDt jurisdiction OF the Church, o.
vcc tho supctslilous minds Of men. Poor
hetctics then incurred uoGesling vengeance,
not ,ha, they in sny wise ais,ubed society,
Our wete believed, or suspected uphspplly 10
be tbc cause OF their owa dam0auoo. Hence
soe doctrine grew pfeva'eo', as Kings offi-ia'
tccfiu the capac'yoi Gods vice gereo's, 'hen
chief design in ruling wa, tho salvation "t the
Church, oud the destined aim Of Tho Chu'ch
uad Clergy, The support OF the 'nsa'''o!e wear
oi CnaIsr. Ii was lhe Pope who held Sain'
Ps,er's keys, and exercised dominion over s'n'
by his bulls and dispensing pardoo.. Guild,
all poweIu, Gold, maintained, as coss win,
fatal sscendsucy, sud u oesI revenue mas
derived from eve'Y iooit ot the individual.
Wha pity our pardoDs,. ,.mighi not sfo d'soch
profitable interest 10 tho Stae !, Sp''ituui
0bliquuy wss bought OF, end deserved pun.
ishmept C, nmu,ed tor pounds, shiliings and
pence Opuenl criminals, were abie bY
their riches, when conde mncd, 10 redeem
themselves fors the gailows-.'bW tho
wrelchcd poor could not be sbsolvtd. Hence
a-ose be sefrigb,eous principle, IN puolsh.
ing crimes, no purpose need be a~,gned,
savo pious resen,meht, at the cbaox,cus wick
ebne., IL the offender. Wee was rewarded
Pr vice use,l--not Tor The injury j, did. T5's
rested on the same ground, as the confession
Of passive obedience and unconditional sub
y.t>sion--an incoeu cvertb'c ,esui. oi he di.
Woe right Of Kings. u. tests ood kings, who
could do no wrong, were no, likely TO hesitate,
40 tic IL a,ctiun OF pun,shmcnls. on cDutsc,
they punished in the nome Of heaven, oil
whom their vinticiive hate, or sopetcii,ogs-
ness, led then, TO pcrsccv'e or despisc. Such
was ihc tuo foundation in modern times, o' n
fse docuine ui Iutlicisi cooIly. ,Thu, when
fbe mu derer is cut off, the pre,exl IN this
case would have been, mat the Almighty re-
ouised, as q usora,, or religious satisfaction,
hls i'm oeds,e sacrifice. The !oregor.,y re.
,to.pec,ior, afs,fds an instance directly in
point Of conclusiors 'sspt c,io. pnnIshmen's,
improperly dediced. The intent ct ell pcn.
ehie., withoT Soub,, is, or ough, 10 be, a, al.
ready promised, to eject thorough teforma.
,iop in the offso6er But does this rule hold
always. where tspi'a' inil:e,'ons are com niand.
ed Unques,ionsbiy cot When the exis-
,enee Of soeie'y is al stake, We choose 10 tote
go the disadvantage Of permitting or occasion.
sng tho premature death Of bad eidzen, by
,he pre.crvOtiou OF the lives, j, unsy be, OF q
Etea, mapy good ones. Little benefit sc.
etuos to the State, or can ever, by the merits
or laudsbe txertioo, cf q traitor or vilsin---
ye, may 1t be rescued Irom sad dilemma IN
il. eondnion, b7 deptiviuR The hagi,ious Of the
means, o( oveuotnlug The regular wheels Ut
goveinmsn, Here t.fen an cxpia,ion, not