Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-02-05

republic belonged The laws declared and
enforced by VIM. Penn, made all Penns, Iva
MIA, for long time, industrious, peac.rnl, aud
Just. The uniform good manners and good
morals, the unvarying mildness, the never
! tagging industry ofthe Soclriy of Friends, AZ
ford "a living example af the peculiar spirit,
as well as the lasting Influence of that lrgs-
latiun, which modern ideas have expelled
We have effrctually prescribed for 80 years
back, In all our territory, a game of amuse-
ment, which had fascinated, and rendered
idle, to an alarming degree, youth, manhOod,
and age. We have broken, forever, after the
sanction Of ages for its use, the only curb e.
yer yet found for dark, false, and cowardly
malice; because, it WAS liable to misuse, by
the wlldness ut youth, which might have been
restrained, within the bounds requisite for the
security OF honor, by simple provision. But,
modern notions reject, as theory, all propo-
sitons for preventing the mischiefs, incident
TO society,by counteracting, or regulating their
causes. fet, modern legislation is 81 active
and capriclOus, that important laws are sonIc-
times changed as poet would alter sonnet
The main duty Of Legislative bodies is, to
make provision for the due punishment of
those disturbances of the peace of society,
which, IN its present state, must ever be hap
psning, from the insuficiency of control over
passions and appetites the impefuosity of de-
of yielding to sudden impulses which those
causes induce in man.
Crimes will forever be committed. and the
frequency of them might at last dissolve the
boads which hold society together, Or render
the violence of military despotism necessary
10 preserve II, If the passion of fear were not
| excited by penal laws, to counteract the vari-
Gus other passions which are so apt To become
ungovernabie, and 10 disregard all checks af-
| forded by reason. The mischiev0us force of
the passions can be kept in constant restraint,
only 10y arraying against them opposing pas
sions fgreater force. Asthe eye Of govern
ment cannot see all at once, nor the hand of
government reach all distant places in mo
inent to prevent evil actions, pains and PEE
nailles are declared against such as it is ne
cessary to forbid, by which pride is reused,
and fear excited, to controul the will whenever
II may threaten to become dangerously H.
| centious, or unsteady.
Legislatures wisely endeavour 70 render a
'aiinS ooih these motives TO restraint, nv
blending disgrace with bodily suffering i'm p,i-
instruments, SD as to take advantage of that
peculiarly of feeling which distinguishes the
higher from the lower orders of society In
, the term higher order, with us, are included
| all, Whatever may be their circumstances en-
| ployment, or manners, who look up to lofty
examples, either living or dead, for their guide;
and IN that of lower order, all who disregard
example, and live like the brutes, vs. hich know
no rule but that of habit, induced by circum-
stances operating on The will through feelings
altogether animal. Leaving fines, and forfei
lures, and all pecuniary penalties out of view
| on this occasion, and also exile and transpur-
| tation because lnappcable to us, punishment.
II may be said, can be Inflicted only by loss of
hfe, or loss of liberty, with or without servi-
tude, or ny bodily pain, not extending to Ell
ther The degree of disgrace attending any
punishment, II is manifest, must depend upon
the publicity ofthe infection, and the manner
oft, as that may, still more, degrade the vic
INN IN the general estimation, below the due
degree, IN public opinion. held by him before
his guilt was kncwn. The punishment of the
piilory, or the stocks, consists more in isno-
miny, or Disgrace, than pain yet, both are
much dreaded, and form very etfcctual res
liant. The public transportation of a crimi-
nal, loaded with irons, in "A Cart or haud-cuG
ed, on horse, with his feet tied together uD-
deIneath, IS punishment, which most men
would willingly commute for some moments
ot the severest pain, or for some months more
of penltentiary confinement. Few indeed.
are hardened as not 10 prefer confinement
IN "A county Jail. for some time, to the shame
OF being thus exhibited TO public view
throughout long Journey. Besides, when
we consider the cost of SO many county tails.
To be erected, or altered for penal pui noses
and the variety of punishments by coptine
ment in them, from the public dislike of that
mode, II will perhaps be found that trauspor-
tattoo to one central peDitentiary is the least
expensive measure. The allowance made by
public liberality TO discharge criminals, it is
true, affects unfavOrably this calculation but
the penitentiary buildings being iD fact Gar dis
tanf from the centre of the State, the amount
OF such charges is unnecessarily great
Death as punishment can have but one
degree, since humanity has forbidden to torture
the dying, and it is quite obvious that this
punishment can admit of no troportionment
to the offence committed.
| When many crimes, varying in the extent
OF the injury done TO society, are all pun
lshed capitally by law; pity, another pas
sion, will inevitably be brought into play,
where the trial by jury is preserved in any
purity; and punishments would, very surely,
soon become go rare, and uncertain, as to al
low hope of imPunity to oppose, and counter
ACT isar III The warfare against social order.
Inc lightning OF heaven, no one can ever
forget, may strike Dead yet SD rare is the oc-
currence, that its utmost ordinary effect, is to
starile for moment from their earthly dreams.
those who are accustomed to indulge too
deeply IN worldly distractions. Where the
influence OF pity can be suppressed by the
arm of power, the frequency of terrible ex-
amples soon lessons their effect on the minds
OF all and the restraint, before placed by fear
upon the conduct of daring and Iicenlious
men, IS soon completely destroyed, by the
ferOciOus feelings engendered. But premedi.
tated murder so shocks the sensibity of ALL
ihat pity undergoes temporary extinguish-
rnenf, and the sight Of an execution, for that
crime, excltes neither sympathy nor horror.
i'm the behOIdpr hofh heinz I,,, =, ,b..,,-k,