Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1824-12-10

was under repair, and consequently in a much
weaker state than common the roof being in
part uncovered for length Of time, and the
scahoidings and ladders up, induced them TO
make unusual exertions in endeavoring TO es-
cape PARTICULARLY when they saw the prospect OF
being abletO do so diminishing every dav bv the
erection of new works which were growing up
around them. All these circumstances have in
ducedthe executive 10 keep an additional guard
part OF the year, of twenty-five, and latterly
eighteen men, i'll aid of the public guard The
power OF pardonng by the executive is a subject
on the propriety of which the best Judges differ
III opinion. After the most mature deliberatien,
beiivc that il ought TO remain with the execu-
tive TO be exercised cautiously and with sound
discretion. The knowledge that this power cx-
ISIS with the executive, stimulates greatly 10
good conduct, and has been no doubt, the prin-
ciple means by which heretofore con.piracies
among the prisoners have been detected, and
their Injurious effects prevented. Reformation
being also one great object of the penitentiary
system, every thing tending 10 the facility of
readmission into society, on the part of these
unhappy persons is object Of Importance
pardon, even renting small part of the prison
ers term OF service, operates in some degree as
letter OF recommendation and an assurance OF
his good conduct.
Whilst on the subject of the criminal law,
VIII call the attention OF the legislature 10 part
oil our code the propriety of which have been
led To doubt. I allude TO the punishment CT free
white persons of stripes in public, and the trans
portation OF tree persons of color beyond the
iihils oi the United States, there 10 be sold as
slaves for life. One of the great objects of our
criminal code as at present organized is the re-
formation OF the offender A free white per-
son who has been publicly whipped, must be
so completely excluded from respectable socie-
ty, that chance of reformation must be nearly
hopeless Such law must operate like that
act OF the British parliament which directed
that persons convicted of certain offences should
be branded in the forehead with the letter r
The impolicy OF the law was found in the ceurse
OF very short experience, and il was repealed
the first session succeeding the one of its en-
actment The law also which directs that for
certain offences Tree persons of color shall be
transported beyond the limits of the u States
and sold as slaves, is certainly the most rigorous
law oil our whole criminal code. Several per
sons OF this description have been removed
from different jaiIs i'll the state the penitentia-
ry Tor sale and transportation, but the constitu-
tionaiity OF the law having doubted a case has
been triedin the general court on that point II
is understood 10 have been the unanimous opin-
ION OF he judges at the last June term that The
law does not violate the constitution What
ever may be its characters in reference to the
constitution, it is certainly on abstract grounds
very harsh law, and departs much from the gene
raj character of criminal code which is
mildness and something like tenderness towards
that unfortunate as we'll as criminal part of our
population, the persons coming under the pen
aIties of the criminal code. As far as I have
been able 10 observe these two laws Qor whip
ping free white persons and Transporting and
selling slaves free persons of coIor) are more
in conflict with public feeling and sentiment
than it is common for the acts of our legislature
to be- L therefore respectfully invite the atten-
ton of the general assembly to these subjects.
In compliance with the act of the last session
directing the board of public works TO appoint
al oh & 4 IL.
| perienced commissioners from this state TO as
| sist the civil engineer of this state i'm making a
new survey OF the James and Jackson's river
from Maiden Adventure falls to Dunap's creek
| the board was convened for that purpose and
met in the month of May last, when Benjamin
| Wright, esq. of the state of New York was cho-
sen as assistant engineer. and Colonel Philip r.
| Thompson, col. Geo. Love, and Richard " Ven
able, esq. as commissioners for the purpose afore
said. 1t was understood by previous correspon
dence with judge Wright that his engagements
would not admit of bis coming to this state be
| tore the month OF October, when he would re-
| view the line which had been previously survey
| ed by an engineer and commissioner. The high
| character OF judge Wright induced the board tc
| accept his services on these conditions, threueI
his personal assistance throughout was desirsbl
! Mr. Venable one of the commissioners declined
| accepting his appointment. Tie board of pub
| lie works had adjourned before this fact wa;
known, ard the ex-oficio members thinking
| they had not power TO supply his place, gave i
| as their opinion 10 the engineer that the pnb;c
interest would be promoted by his proceeding OF
| the survey with the assistance Of the two com
missioners, though perhaps the strict letter OF tht
| law required the presence of all three In con
| sequence OF i'll health, Judge Wright was unabl,
TO reach this place I'LL the early part of the pre-
| sent month, when he proceeded with the engi
| neer and commissioners TO the examination il
| which they are now engaged. The report o
| their proceedings will he made known to tn,
legislature as soon as it is received by the boart
| of public works, to whom they are directed by
| law 10 report.
The loan authorized by the last legislature o
| 100000 fer carrying on the Improvements OF
| the James ant Jackson rivers ard the Kanaw
| ha road and navigation, was contracted for i,
TIE month of May last, by the James river com
| pany. The loan was advertised long enough, i
was supposed, to give those capitalists who u.igh
| be disposed to bid for it, an Opportunity to do so
Several proposals were forwarded TO the conipa
ny, but that made by the Farmers Bank bein.
most advantageous, was accepted. This was az
! fccted at per cent per amin interest, with
| premium 10 the state Of . 10 per cent. maxim,
| the aggregate amount OF premium $1,000 o
these sums $I02,500 per quarter was put 10 tht
| credit of the company, TO be paid TO the order
| of the commissioners agreeab'y 10 law, with TIL
| privilege of calling FOR larger amount prov ide,
! the wants Of the commissioners should make
! necessary. BY this mode Of advancing tue mo
ney the interest upon the whole amount goin
| on at once has been prevented. u beiug ihe du
| ty of the commissioners ia report their Proceed
4 iags TO the legislature, rcsps Ctuiy refer then
| 10 those rcpoTts for information IF the arfrfa