Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-12-30

cd " hetIer-execucd the preceding day for the
Sau'e "hence-then lay, and tina; the IN question
were GehNered Tor circulation 10y with whom
ne haa been living. bis Tie adds a strong case,
bu have no doubt it is but one OF man, ohcrs~
Tie testimony of the Ordinary OF Newga,e is per-
'ec'a! conio'na0le 10 the preceding Here of
'1hcteh' Kind: If. IN another country, saws MIR Liy-
ingst"n--Eng!and. for eNampe--a number Of offence;
ar punished wIih death which do incur that penalty
ne' an" II those 'hnor offences prevail III much g.
Ter aeSrce there than they do here where they
50 punished Willie murder, and stabbng with intent To
rurde'-almost the only punished in that man.
ne' he'e-are more frequently committed III this coun
Try tanI that which select for the comparison then
w shall have to doubt the efficacy of this
violent remedy In London and Ni,ldosex for ixe.n
years ending III 1875 thirty FIVE persons were convict
ca oil MURDER and stabblmg with intent murder which
Is an average oil Traction than in each year.
IA the CITY OF New Orleans. persons suffered from
the same crime in the last years which is very lit
We less than the same average; but the population of
NC" oFisauS did not, during that period amount q
more than $4,000, which is, that of London and Mid
I'seN III ronhf numbers as one to twenty there
of9' me crime OF MURDER nearly times
more frequent IN New Orleans than in London. AL
most the same proportion holds between the whole State
and England and Wales IN relation to this crime: nine
teen executions having taken place in the last seven
Years IN Louisiana Or murder, and one hundred and.
INV "ur uhng VIC seven cans ending in Is g. i'll Eng.
land and Nalcs' Ga the other hand, in London and
'ii'1eseX 900 persons iced OF forgery and
c"uutetteIlng III seven years, ending in 1919: and
curing an ePiai pe'iod seven persons convicted
o ti >'Ne ViSAcc III Inc whole state which
cTt'e t@h'ceu Times more frequent III LONDON where
u punished it'll death than IS here where il does
not incur that punishment II has not escaped Mr. Ijy
ing-ton that the different of society in the two
countries might have influence in producing these re-
suits He is not ignorant, o:her that the facts he has
observed are not sufficiently numerous nor vae., in a
sufficient degrees to produce con' ctcn but every body
will agree with him VIII N lie adds
But does not raa serious doubts as 10 the efficacy
OF capital pun shmen observe this double effect thai
almost the oniy crime which punish .hat manner
is more frequent III the proportion of wenty-seven 10
one; while those which the object OF nler sane
ton almost in the ratio less than in the conn
try with winch make the comg,arsou?n OF a Ger
tainty such reflection is calculated TO alarm the con.
sciences o those who. without having sufficiently medi
ated On THIS great question; have awarded capital pun.
shinents with 50 pTofuse ana cruel lberaiy.
When reflect that the death 0! tie offender if not
absolutely necessary TO society, mu, be imputed the
legislator who inRictI Uar6ayily b. which he OK
cEe!s ms power that the stroke of this terrible punish
nen gwen, ends aii home of ro foi ina ion in the
crDlnaail means of repairing those fatal errors of
which innocence Is reQrenl, the victim: when we re.
ect on this, cannot bU! feel doeD sentiment of rrat.
ituda TO the writers who struggle with 50 much persc
yerarce against deep-root prG,udiccs and we mast
bless those equitable governments who have not forgot
ten that thew were ted 10 inc and rsarv
not 10 destroy.
{ The question of Individual liberty nhe }abeas cor
p' = treated here IN mastery manner, and deeply
roget that we cannot indicate OF the developments
winch autho" has g~nn We must couiine our
selves To recommending lis book of the most in
terestinG that has been pmt shcd this subject MIR
fa.lander has rendered great service 20 science bv
d publishing among and by adding the iruus Of his
owu mcdiatous.
LEGISL'TURE on SOUTH CAROLINA.
ii The Special Committee to whom was referred co much of
the G"yenorS Message as relates to he decisions q
the Federal Judiciary aud the Acts Of Congress contra
voring the letter and spirit of Constitution of the
= Union
J. REPORT
hat hov \ 4, a.
Y and feel no difficulty Ia forming UPON il aud Expressing
distinct opinion. But before they state it. they bs .
ID leave to make few PREDATORY remarks the res e.
- tv. powers and disa bIities Of the United States
10 The United States OF America differ in their forms o
it government from all other governments in the civilized
lie "or'd. Nhen the thirteen Primitive States declared
n themselves mdt renden and entered into articles o.
ri confederation and perpetual UnyU with each other foi
t, their mutual safety and Defence it was agreed that cci
state should RETAIN lis sovereignty, freedom and ide
re pendence, and every power, jurisdiction and night
u 7tch was moi by tie Confederation expressly dcega
in ted TO the United States in Congress assembled Tic
better to this eighty, freedom independence
ID power, jurisdiction, and right och State 81 its ogr
good time, formed Constitution for itself Each STAT,
was an independent sovereignty except what was sur
rendered tor tie purposes OF and defence, the pub
p c good and general welfare. Over the CONNER &c will
e foreign nations Congress had little or no control.
y In tins situ ton Il was foun the course Of few
e years experience, t,a tuclgn commerce could b.
better protected, and national credit better secure
lie by surTendeng more power regarded these subjects
e INTO the hands of Congress: and Ibis gave rise TO Tn
Of Convention which formed the FclcyaI Constitution
which delegated Congress the complete control owe
lie those questions intimately connected with the gen
eral welfare and public good. But when charging the
powers OF the General Government the States express
= y stipulated, that--
re The enumeration in the Constitution of Certain
rights shall not be construed deny or disparage 9th
e ers retained by the People," and tliat,
"Ihe powers not delegated 10 the Uoitcd States arr
reserved to the States respectively, TO the people
t,..-s iitift,