Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-12-23

co''f BLESSINGS are increased d, limiting ,heir nuu,
"ei SO happens here for the prva.ion of pol,i,ca
s"f' exe,npi'nR these people from niiliil dm,es
~m'''ude Ut other pnbiic services, which are,
~ ''i, 'imtz,ions of personal Freedom ,Ir,r right,
~ personal ibc'iy, With the means Of acquiring and
t,ssesss"g property, become, by so much. greater
nifty. ~ s'''1'"
ooc'rf; may, indeed, pansh an ofrendi.g
.ne"per ~ drpriving him Of his liberty for !,
l'ar', or even for the whOle, Of his life. accord.
ing 70 the degree of his offence against her
weN-belng and happiness. She may moreo
yer compel him To labour, anu appropriate thu
prouuct ui that labor 10 indemnify her fer
."aiSrs incurred by reason at his miscon duet:
ou' ms piI'a,un mus, be rs punishment for
ndnSgression, and can only continue while
ulat punishmentis in progress during which
tin'e the offender must remain within her ia
sisu'ctmn, and under her c0ntrouI; because.
me power Of INJECTING punishment, being an
at'rihute Of Sovereignty, cannot be transferred.
ii,lhsre'ore, by the will of society, he be once
placed beyond her jurisdiction and coniroul.
me poTer OF society is rclinquished and gone,
and the punishment imposed BY il must cease:
ana when the punishment ends, the rights, ia
whose prl,ation that punishment mainly con-
sisted, must necessarily revive and be iesfor-
I'd. Thus Tar the legitimate puwer OF sucisty
e"trnus' and here It must, by its own nature,
he limited. There exists no power nm earth
i. in this our land Of law, light and liberty
10 chanss the nature and condition of "A mo
raj being; by which his inherent rights and at
tributes can BE- annihiiaied and swept frun
me 'iiipgS that hs, as though they had never
ocen; himself degraded Ia The level Of beasts
ana from being the legal posses.or of all the
p"wersof acquiring, holding and enjoying
property, transubstantiatrd aud cony eriei in
To proptrty Itself Yet the legislature has un-
oeriakepto WELD this omniputrnt power oil
obstruction and the highest criminal court
III the Rand has sanctionrd its ex.rcisp.-
Whence,lrt me ask, is il derived? From ibe
people, NO. Even the people. in the pleni-
'aoe oi ihtir power, do not possess IL for
they have derlaicd that these rights con,,oi
be- Invested.
The 9Th article Of the amendments Ia the
Consi'tulionof the Uniied States, echo;ng the
sentiment before proclaimed by our Bill OF
hiShts, ordains that "cruel and unusual pun
'shments shall not be inflicted"
Ihe Application of this clause tn free peo-
pie oi colour, has, understand, also brea de
n'eu pdt its strict application APPEARS Ia me
SD c'ear, That cannot believe il necessary tu
waste t'me In an attempt to shcw il. How
"a human being under the ackno.y rdg,d pro
lection of the laws Of the country, can be-
Withdrawn from the protection uf such pro-
vision IN the Constitution, a,n unable 10 See.
Know that exceptions exist To msoi, or ALL
general rules hut the case mus, be shewn 10
be an exception, before thu constitutions
shield can be removed: and until this BE done
II may he safely affirmed, that every person
subject to the operation of the penal laws OF
ihr land, Is clearly within the perfection of
This safeguard fixed by the Constitution. IN
deed, lfany species uf domestic animal were
subject Of punishment by law Should think
IL not certain that the protection would moi
exsrnd 10 such subject: for. lri il he re-
membered, that injustice and cruelty will dis
grace any nation; and one good effect, th,re-
lore, OF this provision, WITCH ought not To be
lightly esteemed, is 10 secure The national
character abroag.
The application then of this clause of the
COnstiiut Oh, 20 The case of a free man CT CO.
iour, b. ins. as think, clear beyond question,
We come nov 10 enquire whether that portion
Of the act II Assembly, which declares tina,
such person, convicted Of any one uf sun.
dry specified offences, Tin WHICH simple LARGE
ny is ineuded) " shall he adludged To he sold
as slave, and transported and banished be-
yondth limits Of the United States, in the
manner prescribed by law, for The sale aad
transportation OF slNc under the sentence OF
death" Is within the intent add meaning OF
The Constitution "cruei aud unusual 2"
Is u unusual? In all ages Of The world, the
genius of man has been fruitful III dr,isiny
means OF torture and modes Of punishment
and il is believed that AT the time Of the adop-
ton oi this amendment Ia The Constitution.
Sufficient pr0gres, had been made in that
branch Of this business which particularly re-
Dar1s fta .rtfx IF,
IN that country, with whose laws and usages,
next TO those of our own country, we are ge-
morally best acquainted, the catalogue of pun
ishmeDts was sufficiently extensive to sal. sfy
the desires Of fee and moderate men. And
there, as well as here, il has BEEN considered
Just aod usual to regulate The exirnt OF
punishment by tue degree Of the offence.
But who ever heard, 10 this land or that. or
indeed. IN any other, having any Just prctcn-
Sums 10 The character ola free and enllghirn-
ed people, OF such lazy rs that under consi-
deraiioD' by operation Of which, men, pos
sfs-ing all the legal rights and means of ac.
qnIrIpS, holding and enjnying property, are
themselves converted intO prnperfy: by
which, IN one word, free men and their postr.
rIty, io The latest gencr alton, are for one ac,
OF SIMPLE larceny IN The ancestor, made ALSO
iufe Si1rfs. If any man knows the c,mmu
niiy, whose ordinances are regarded as wor
my examples Tor US, IN which such thing.
take place, let him answer. But il is cunli
IDENTITY believed that no such community viii
lurnsh similar instance Of gross and g,ipv
Gus d'sproporiIon between crime and punish
ment; by which the sins of the fathers M,
only ailrci Themselves in degree en,irely
unexamplrd, but those very sins are visitr,
upon their children (pot TO the third and fourtl
generation, butt forever, with the same con
Stunning destruction. conclude That this pun
ishueni is unusual as regaids lis character
tn,usudl, in the total disregard of Justice in IT,
appp0rtioBment TO crime; unuSuat With,
The letter and The spirit Of the constitution.
Is 1t a cruel punishment This question