Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-11-30

es. Several escapes occurred during the year.
herewith communicate marl ed 81 the copy
OF letter from the and report
from the directors on this subject. In these
II will be seen as the opinion Of that board,
that this disposition OF the prisoners was pro-
daced principally by the provisions Of the
law of the last session, INCREASING the re-
str'c,,ons oil the institution and taking from
Inc Executive the power of pardoning. This
taking place whilst The building was under re-
pair, and consequently in much weaker
stale than common, the roof being in part
uncovered for length OF time, and the
scaifoldings and ladders up, ndnced them to
make uuustial exertions in endea, ouring TO
escape, particularly when they saw the pros
pect of being able 10 do SD diminishing every
day by the erection Of the new works which
were growing up around them.
: AL these circumstances have induced the
executive TO keep an additional guard, part
OF The year, OF %, and iatterly Of Is men in
aid of the public guard
Ihe power Of pardoning Peni:en.iary often
ces hy The Executive, is a subject On the rrupri-
ETY. OF which the bees, Judges differ in opinion.
Alter the must mature delibera,ion. believe
that 1t ought 10 remain with The Executive,
to be cxeI ciscd cautiously and with sound
discretion. The knowledge that this power
exists with the Executive stimulates greatly TO
good r.'uct, and has been no doubt the
principal means by which heretofore conspi.
raries among the prisoners have been detect
ed and their injurious effects preyented.-
Reformation being also one great object of
the fenltentary system, every Thing tending
10 the facility OF re- admission into society on
me parI OF these unhappy persons, is an oh.
leet OF Importance. A pardon, even remit
ing a small part of the Prisoners term of
fpS i'm AZ
recommendation aud AL assurance of his good
| conduct.
\ whist on the subject Of the criminal law,
VIII call the attention of the legislature to part
oil our code, the proprIety of which | have
been led 10 dnubt. allude to the punish
,nent of free white persons BIZ stripes in pub
lie, & The transportation Of free persons of CO.
Jour beyond the limits of the u. States, there
to be sold as slaves for life. One Of the great OBJ
Iects OF our criminal Code, as al present organ
izrd, is the reformation oil the offender. A free
white person who has been publicly whipped
must be so completely excluded from respec-
table society, that chance IF reformation is
nearly hopelessI Such law must operate
IKE that act of the British Parliament which
directed, that persons convicted Of certain Of
fences should be branded in the forehead with
the letter R.-The mpolicy of the law was
round In The course of very short experience.
and Il was repealed the first session succeed
ing the one otis enactment The law also
whlch directs that for certain offences free per-
sons OF colour snail be transported beyo d the
i'ini's o. Inc United States, and sold as slaves,
Is certainly the most rigOuruns law of our
whole criminal code Several persons of this
description have been removed from different
Jails in lhe state to the Penitentiary for sale
and transportation, but the conslituionaty
oil tine law having been doubted, a case has
been tried 10 the General Cont on that nont
IL Is understood 10 have been the unanimous
opinion Of The Judges at the last June term
that the law does not violate the Constitution
whatever may Be its character ia ref. tn
| lhc Constitution, il is certainly on abstract
grounds very harsh Law, and departs much
from the general character of our criminal
code, w1chis mI!dness and something like
| tenderness towards that unfortunate as We'll a.
criminal part Of OFT population, tn. persons
con'nG under the penalties of the criminal
code. As FAR az have beea able To observ.
these two laws lfor whipping free white per.
sons,and transporting, and selling as slaves free
persons OF COLOUR are more in conflict win
public feeling and sentiment, than il is comn,nn'
Tor the acts of our Legislature To be. there
tore respectfully invite the attention of the
General Assembly TO these subjects.
| La compliance with the act of The las, sps
J l.
appoint an abIAeDgineer of smother state. and
three experienced Commissioners from. his
State, TO assist the civil engineer of This state
10 making new survey of the James and
J"ckson's river from Maiden's Adventure
Fails 10 Dnnap's creek, the board was con.
veaed Tor that purpose, and met in the month
oi May last, when Benjamin Wright. Esq. of
The state of New. York, was chosen as as.is.
TINT engineer; and Gel. Philip II. 'phnmnsop
Col. Geoge Love and Richard n. Venable
Esq as commissioners for the purpose afure-
SAID. II was understood by previous cores.
ponderse with Judge Wright, that his engage
men's wouid not admit OF his coming to this
state before the month Of October. when
he would review the line which had been
previously surveyed by our Engineer and
Commissioners. Tie high cllaracte, of Judge
wright induced the board TO accept his ser
vices on those conditions, though his personA
al assistance throughout was desirable MIR
Venable, one Of the Commissioners declined
sccepting his appointment The board of
public works had adjourned before this fact
was known, and Tie ex ollicio members think
ing they had GOT power TO supply his place
gave II as their opinion to the Engineer, that
The public interest would be promoted by his
proceeding on The survey with the assistance
OF the TWO Commissioners, though perhaps
the strict letter of The law required The pre.
sence ofall three.
10 consequence OF i'll health, Judge Wright
was unable TO reach this place till the early
part OF the present month, when be proceeded
with the Engineer and Commissioners 10 the
lexamlDaIloD, In which they are now engaged.
The report oi their proceedings will be made
known 10 the Legislature AS soon as il is re-
ceived by he Board of Public Works. to
whom they are directed by lao to report in