Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-06

frequency OF then might AT last dissolve the
boads which hold society together, or render
the violence OF military despotism necessary
TO preserveit, ifthe passion of fear were not
excited by penal laws, to counterfeit the vari.
GUS other passions which are so apt to become
ungovernabe, and 10 disregard all checks at
fOrded by reason. The mischievous force of
the passions can be kept in constant restraint,
only by arraying against them opposing pas.
s'ons Ofgreater force. As the eye Of govern
ment cannot see alb at once, nor the hand of
government reach all distant places in mo-
inent, to prevent evil actions, pains aud pc
nalties are declared against such as it is me-
cessary to forbid, by which pride is reused,
and fear excited, to cOntroul the will whenever
it may threaten to become dangerously IL
centIOus, or unsteady.
Legislatures wisely endeavour TO render a
yaiDg buih these motives TO restraint, by
blending disgrace with bodily suffering in pu-
nshments, as To take advantage of that
popularity 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, which know
no rule but that of habit, induced by circum-
stances operating On the will through feelings
lures. and all pecupiary penalties out of view
ON this occasion, and also exile and transport
tation because inappllcabe to us, punishment,
~ may be said, can be Inflicted only by los. of
lii,', or loss of liberty, isih Or withouE servi
Jude, or ny bodily pain, not extending TO Ell
rher. The degree of disgrace attending any
punishment, ii is manifest, must depend upon
the publicity of The iuAiciiun, and the manner
of II, AS that may, still more, degrade the VIC
trfr1HI fI,., .r.l. L. l..
degree, in public opinion. held by him before
his guilt was kncwn. The punishment of the
p"ry, ar the stocks, consists more in sno-
miny, or Disgrace, than pals: yet, both are
much dread. q, and form very efecttal res
tiaint. The public transportation of a cri,ni-
nal, loaded with irnns. ia a cart, or hand cuff
ed, ON horse, with his feet tied together I'M
derneath, is Il punishment, which most men
would willingly commute for some moments
ofthe severest pain, or for some months more
ct penitentiary confinement. Few indeed,
are 50 hardened as not to prefer confinement
ina county jail, for some time, to the shame
nf being thus exhibited to public view
throughout n long journey. Besides, when
we consider the cost of so many cou.ty iaiIs
to be erected, or altered for penal pun poses
and the variety Of punishments by confne-
ment in them, from The public dislike ofthat
mode, it will perhaps be found that trauspor-
expensive measure. The allowance made by
public liberality to discharge criminals, it is
true, affects unfavoraby this calculation but
the penltentlary buildings being in fact far dis
tant from the centre of the State, the amount
ofsnch charges is unnecessarily great.
Death as punishment can have but one
degree since humanity has forbidden TO torture
the dying, and 1t IS quite obvious, that this
punishment can admit of no proportionment
TO the offence committed.
When macy crimes, varying in the extent
OF the injury done TO society, are all pun
ished capilally by law; pity, another sas-
sion, will inevitably be brought into play,
where the trial by jury is preserved in any
purity; and punishments would, very surely,
soon become SO rare, and uncertain, AS to al
low hope OF IMMUNITY to oppose, and counter
act lear, IN the warfare against social order
The lightning of heaven, no one can ever
forget, may strike dead ,syet so rare is the oc-
currence, that its utmost ordinary effect, is to
startle 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 land the restraint, before placed by fear
upon the condict of daring and licentious
men, is soon completely destroyed, by the
feroclous feelings engendered. But premedi-
lated murder SD shocks The sensbjtv of all
that pity undergoes IA temporary extinguish-
meDt, and the sight of an execution, for that
crime, exctes neither sympathy nor horror.
IN the bebolder, both being lost in thought.
that the punishment of death is especially an
proprate TO that guilty deed.
Ihe reelection should not be omitted, that
a dead man is forever useless, and that the
very worst living man, who can exist, may be
turned to some account: That it is the fault
OF society, If that Is not DONE and that the cost
OF the experiment, even lift should fail of sue
cess, Is too tIfng 10 be balanced for one
moment against humanity, by those who NAV
be called upon TO pay their penny for defray-
ing IT. Thus Legislatures are urged by every
consideration To husband the advantage of /
capital punishment, arising from the terror
excited by The example when il is very rare.
and to reserve ii (tbe case of wiful murder
always excepted for occasions when the des-
irucllve Frequency Of some Infinitely less
shocking CRIME, may call peremptoriIy for its |
application. /
Ii 10 manifest that no other corporal punish
ment than death, even if torture were admit |
ted, can be made proportonaie to crimes of
oilierent degrees, without consequences fully
as inadmissible as that cruel resource. Can
Legislature determine by law the number
OF turns OF the wheel TO be made, in racking |
one criminal, or the number of Stripes TO be !
inflicted upon another ? Is mol discretion given
10 court or magistrate, equal To full power
ei iife or Death over the cuprlts, in times of
great public excitement?
Gan any lhit be sci by law, which NAV not |
PfTe unequal IN operation 10 an absurd de |
u r