The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1824-02-13

houyi,i rruias. nIiief. in ilrr rnd have a
rr-s.t..r if.nd-1r, tu pfrseni criuir, by al
h,r,liug employprni Ia the needy aud hdh,,
and giving refund freiingsto The gross and
brutal, ihan the best penal code, unsiifIor-
ted by such ads.
All such ,ieas ef The capacity fur I'M
prunrln, nj of our sltect"s are aln l" u"
lr.,ir. as rile spr, u.liuf,e ar epilinsiastc
.siua,. Yet history gisrs nuHrrnis dh-
ihcutic prpufr of the commanding innehre
ar legislation OYER the character of mah, as
VOL a. over the destiny VI free states. ile
laws advised hy Lteurgus, made e'ffy
Spartan daring, Intrepid, patient, obedent,
active aud robust /; and sparta long ruled
the eonfedrraey to which that republic
belonged. I'll. laws declared aud enforced
b, William Penn, made al fennsy lvnBla,
far long time, industrious, peaceful ahn
just. The unifi,rm Eoud manners ana
good morals, the un,arylng mIldn"ss, me
never 1ngging industry of thr Society at
Friends. afford living example, of tie pc
cuinr spirit, a. well rs the lasting influence
of thai legislation, which modern ideas
have expelled. We haze eHrctaally pro-
scrihrd lor % years hack, in all our terrific
~, Il game Of amGaansn winch had idscI-
mated aud rendered Idle, Ia hn alarming
degree, youth, manhood aud age. we
hat. broken, iofescc, after the sanction of
ages for It's uoc, the only curb over yet
found for dark, false and cuwardly mallce 4;
because. il was liable 20 MISUSE, by the
wildness of youth, which mfgIf have been
restrained, within the bound, requisite tor
the security OF houOr. by simple provision.
But, modern Notions reject, m theory, all
propositions lor preventing the misehte'S,
incident Ia society, by c"uut.ractlng ar ie-
gnlaiiug their causes. Yet, modern legi6-
la,ion is so active and capricions, that i'm
puriant Laws are sometimes changed rs II
poet would ALTER "a soun"t.
The main duty of legl-laiise bodies IS,
Ia make provision for the due punishment
Of those disturbances oi the peace of socic-
~, winch in IT'S present state, IN ~ yer he
happcninS from the INSULT lenc! "I control
over passions aud appetl e@.the nnpttnos1ty
of desires, ihe pressure of want, and from
the habit Of yielding Ia sudden impulses
which those cau-cs induce in man.
Chimes will forever be committed, and
the frequency of them might NJ last dis
solve the bonds which hold society togr-
Their, or render the violence of military dcs
potlsm necessary To preserve II, VI the pas
sluu ot fear Wee not cN,lt'd by penal laws,
IT, connieract IN" Sarinus other pns,lnna
which are 50 apt to become unrpycrnahlc,
aud To disregard all checks afforded 10y
reason. The m scheNOus force Of thu
passions eau be kept IN constant restraint
only by arraymS against them opposing
passions oi greater force. As The eye %
government cannot 81 all At once, nor the
hand of government reach ll distant places
~ Il moment, to prevent evil actions, pain,
aud penalties are declared against such ~
1t is necessary 10 forbid, by which pride i
reused, and fear excited, tovontrouIt the vii
whenever 1t may threaten 10 become dan
grronsly hSccutlOu', or unsteady,
! legislatures " is.ly endraVour 10 rendcI
, avalfhg both these motives Ia resir"Iut
! by blending disgrace witlA bodily suffering
! in punishment, So rs to takr advantage ~
that peculiarly ofltalng which distinguish
ps the higher from the luwerorlcrs 'OI s0Cl.
ETY.. In the term higher order, with us
ATE included all, whatever may he then
circumstances, employment or manners
who look up to l'ity examples, either 1rv
my or dead, for their guide and IN that al
/ lower order, who disregard example, and
live like the brutcs, which kuuw no rule bu'
that of habit, induced by circumstance
+ operating on the viii through feelings alto
gcthcr animal. Leaving fines and furlci
! lures, and all pcclniary penalties "at -
/ view on this occasion, and also exile aul
/ transportation, because inappliCabe Sc us
punishment, II can be said can be Inflicted
only by loss al life, or luas Of liberty, with
or without servltudc, ar ny bod " pain, ne
extending Ia either. The degree of dis
grace attending any punishment, it is maui
fest, must depend upon the publicity 81 the
infection, aud the manner of il, as that may
/ still more degrade the victim IN the genera
stimatiou, below the due degree, in publ,
opinion, held 10y him before his guilt we
knows. The punishment of the pilhnry, o
the stocks, consists more in iguonany ~
disgrace, than pain yet, both ARE much
dreaded, aud form very riieclusi resil Amt
! The public transportation of criminal
loaded with irons, in cart, or hand-cnlIrd
on nurse, with his feet tied together I'm
dernea,h, is punishment, which most mef
would willingly commute for some mo-
ments of the sevcrcst pain, or for some
months more of pcnilentiary cunGnc mcnt
! Few indeed, are So hardened as not u
prefer confinement IN a county jail, fol
! some time, to the shame Of bclng thus ex
4ibited To polhc view throughout ipug
Journey. Beside, " hen we consider the
cost of so many county jails To he erected
or altered for penal purposes and the vari
ety ol pHuishments by confinement IN them
! from the pablic dislike of that mode, II viii
/ perhaps he found that transpartations T.
one ceI trail penirHliery is the least expen-
slve nn'Ns,ne. The allowance snaac by
public llhrralliy 10 discharge criminais, il
is true, affects anlavnrald, tins calculation
hut the prnitputiary bnildiugs homo in r,rt