American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1826-01-13


sibe to advert 10 the stern necessity which impose
this duly on the public functionares and to coniem
plate this unusual number OF capital punishment
proceeding from the most horrible crimes, wthou
the mos, painful emotions. Besides this, scvera
other criminals have been tried for homicide AM
convicted Of manslaughter. presume that ther
are no peculiar causes which have produced thi
unprecedented preparation of atrocious crime, an
it is to be hoped that the present year may pass Of
without any In the revision OF our statutes, iron
which anticipate great benefit to the public an
much honor to the authors it is very desirable tha
the crime of murder may be accurately defined ant
distinguished into murder OF the hrst and secont
degree. and that the punishment OF death may b
confined to the former. The necessity of this ar
rangement will be evident, when 1t is understood
that in two oil the cases to which have alluded, TIT
nature Of the offence whether murder or manslaugh
ter was que son OF doubt with some persons skill
ed in The criminal law. Burglary is IN all case
punishable with imprisonment fer life IN the STATE
prison, when 10 some instances it is but slight OF
fence. doctrine of constructive felonies is in
volyed In much obsturity and requires legislative
position The punishmens for violating the &C
against forgery or counterfeiting are arranged With
ou due regard TO the nature Of the offences ane
may exhibit singular incongruhy as adjudged BY
different tribunals. Indeed the whole system re-
qures careful revision and considerable moderation
As little latitude as possible ought to be lett to u
dicia discretion The crime ought to be as accu
rately described and the punishment as specially
declared as the wisdom and language Of man viii
permit. Under he administration OF our present
imperfect code the same offence frequently receives
different degree Of punishment in different crimi-
raj courts
During the recess have had an opportunity oil
visiting the State Prison in New York and am
erati6ed in saying that It is in excellent condition,
and that The inspectors and other officers entitled
10 great praise for their management OF its lmpor.
tant concerns. The average number Of prisoners
IN il for the last year was SIS, and the support and
clothing Of each prisoner cos, S52 70. There is
now balance IN favor OF this prison OF 85,625,35
70 meet tie expenses OF this year, and is believed
that il the ludicious alterations recommended By
the Inspectors at the last session, had been adopt
ed, the guard and keepers might have been dlmin-
ished, and that the income from the labor OF the
convlcs might have met every expense The new
State Prison at Singsing in Weslchester county was
commenced in May last and will probably be finish
ed in the autumn of 1927. The materials for build
ing, except iron, found on the spot. No wood
is used 10 this construction and it will be entirely
incombus,ibe. The ground about 80 aures) has
cost about $50 900. great part OF the work is
done by convicts who are secured in the night time
in 90 cells already provided. The principal mate
rial is excellent marble. | have not obtained par
tcular information Of the other prison a, Auburn.
but have reason to believe that il is in excellent
condition.
The efficacy OF punishment consists in its certain
y, not in its severity and have therefore endea
vored TO exercise the pardoning power with view
to this policy. | do not recolect single instance
where pardons have been granted without evidence
Of good conduct in prison, and without The recon
mendaon OF Distinct Attorneys, Courts or Inspec
tors: and be eve that in every case considerable
punishment had been previously inflicted. In such
an immense and growing population. there will be
an increase OF crimes aud the ineficacy of our peni
Tertiary system must not therefore be inferred from
It, There is every reason TO believe that under the
former sangulnary code, offenders would have been
more numerous, from the difficulty Of procuring
their conviction and bringing them 10 punishment.
Pardons in the judgment of the inspectors are some.
times merlted ~ course of good conduct, and at
other times are rendered proper after sufficient suf
fering. Alter satisfactory evidence of reformation,
they have salutary influence on the conduct Of the
prisoners in general. A confinement of several
years In state prison generally impairs the health
and sometimes destroys the constitutions of the un-
happy SUBJECTS and in many instances continuance
would amount to the punishment OF death, when it
was not Intended and wher i, ought not to be inflic,
ed In cases of this kind it is due to the best feel
ings OF our nature and it is demanded by the voice
OF justice to extend the hand OF mercy.
The best 2enientiary institution which has ever
been devised by the wit, and established by the be
nehcence OF man, is in all probability the House OF
Refuge in the city Of New York. for the reformation
OF juvenile delinquents takes cognizance of vice
IN Its embryo state, and redeems from ruin and
sends forth tor usefulness those deprayed and unor-
tunate youth, who are sometimes in derelic, state,
without subsistence, and at all times
without friends to guide them in the paths Of virtue.
The tendency of this noble charity is preventive as
we'll as remedial and during the short period Of its
existence, Its salutary power has been felt and ac-
knowledged 10 the haunts of vice and in the dmnu.
ton OF our criminal proceedings. canno, recon-
mend Its further encouragement in language too en-
phatic' and do believe it this asylum were extended