Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1824-12-09

ing the restrictions of the institution, AMI taking
from the Executive the power OF pardon'ns.
Tins taking place Wills, the building was ~.
der repair, and consequently in a much weaker
state than common, the root being IN part unco-
vered for length of time, and the scsh0ldisgs
and ladders up, induced them to make unusual
exertions in e0deavoring to escape, particular
~ when they saw the prospect of being able
10 do 50 diminishing every day by tie erection
OF the new works which were growing up "a
round them All these circumstances have IN
dnced the Executive to keep an additional
guard, part of the year Of twenty five. and lat
terly of eighteen men, in aid OF the Public
Guard. The power OF patdonng blythe Execu-
tive is subject on the propriety OF which the
best judges differ IN opinion. After the most
natuie deliberation, ] believe that ought to re.
main with The Executive, 10 be exercised eau
tIo,Isly and with a sound discretion. Tae
knowledge that this power exists with the Ex-
ecutise, stimulates greatly to good conduct, and
has been no doubt the principal means by
which heretofore conspiracies among the pr.
soners have been detected, s their injurious ct.
fects prevented Reformation being also one
great object of the Penentiary System, every
thing tending to the facility Of readmission in.
10 society, on the part ofthese unhappy persons
is an object Of Importance. A pardon, even re.
hitting small part OF the prisoners term OF
service, operates in some degree as a letter OF
recon mendation aud an assurance o! his good
conduct.
Whilst en- the subject Of the criminal law.
will call the attention OF the Legislature topa't
OF our code the propriety OF which have been
led to doubt. aiude to the punishment of
free white persons by stripes IN public, and the
transportation of free persons OF color beyond
the limits of the United States there to be sold
as slaves forlife. One of the great object ofour
criminal code as at present organized, IS the
reformation of The offender. free white per.
son who has been publicly whipped, must be
so completely excluded from respectable socie'
~ that Z chance of reformation must be nearly
bcneress Such law must operate like that act
81 lie pr,t,sd parliament which directed that
,,arsons ccryieted Of certain offences should be
branJed IN the 70, thcad with the letter r. The
;rnnnl;cv nf the IaS WIS found in the course of
a yrr, short experience, and il was repealed
he frst session succeeding the she OF IT'S en-
actrnent. The law also which directs that Tor
certain offences free persons ot color she.i be
transported beyond the limits OF tue u. Sta@es,
and sold AS slaves, IS Certainly the most fiSo-
rously law OF our whole criminal code Several
persons of this description have been rem
from different Jails in the State to the Peniten-
tiarv for sale aud transportation, but the con-
stitutionality of the law .4avlng been doubted,
a case bas been tried ia the General Court on
that point 1t is understood TO 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 IN
reference to the constitution it is certainly on
abstract grounds very harsh law, aud departs
much from the general character OF our criini-
ma code, which is mildness and something like
tenderness towards that unfortunate as vel! as
criminal part of our population, the persons
coming under the penalties ofthe criminal code,
As far as have been able to observe these two
laws (tor whipping free white persons and
transporting and selling as slaves free persons
of color) are more in conflict with public feel
ing and sentiment than it is common for the acts
Of our Legislature to be. therefore respect
fully invite the attention of the General Assem-.
bly, to these subjects.
In compliance with the act Of the last session,
directing the board of public works TO appoint
an able engineer OF another state, aud three ex-
perlenced commissioners from this state, to as
sist the civil engineer of his state in making
new survey of the James and Jacksons river,
from MISUNDERSTANDING falls to Dunlap'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
K. Thompson, Col George Love, and Richard
N. Yenabie, Esq as commissioners tor the pur-
pose aforesaid. l. was understood by previous
correspondence with JudgeWright that his en-
gagements would not admit of his coming to
this state before the month of October, When
he would review the line which had been preyi-
ously surveyed by an engineer and comlnls-
sioner. The high character of Judge Wright
induced the board to accept his services on
those conditions, though his personal assistance
throughout was desirable Mr. Venaole, one
OF the commissioners, declined accepting his
appointment. The board of public works had
adjourned before this fact was known and the
ex.officio members thinking they had not
power to supply his place, gave it as their o
pinion to the engineer that the public interest
would be promoted by his proceeding on the
survey with the assistance of the two COM
missloners, though perhaps the strict letter of
the law required the presence OF all three. In
consequence OF i'll health, Judge Wright was
unable to reach this place till the early part OF
the present month, when he proceeded with
the engineer and commissioners to the exami-
nation in which they are now engaged. The
report of their proceedings will be made
known to the Legislature as soon as it is re-
ceved by the board of public works, to whom
they are directed BY law TO report.
The loan authorized by the last Legislature
of 100000 for carrying on the improvements
on the james and Jackson's rivers and the ka.
nawha road and navigation, was contracted for
in the month o! May last, by the James river
Company. The loan Was advertised long C.
nough, it was supposed, TO give those CAPT
taiists who might be disposed 10 bid for it, an
oppor unity to do SO. Several proposals were
forwarded to the company, but thar made by