Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-03-10

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principle of our system Of government is, that
the law is the expression Of the public WiH-
This is not only true in theory, but it is true
) In practice. When any statute falls under the
general dispeasure of the People-when the
popular will is decidedly against ii; if it be
one which must be executed through the medi-
um of courts Of justice, and more especially,
if it be penal one, it soon loses It's force, and
becomes dead letter. This is the case with
these severe enactments in this District The
unwilingness of the witnesses and prosecutor,
the humanity Of the jury, the lenty OF the
Judge, and the elemency OF the Executive, III
lerpose themselves, aided by the lrresisiioe
force of public opinion, between the crimi'a'
and the execution of the sentence OF the law,
so that in all those cases, falling within tne
range of the penalty of death, the offender is
never punished, and society Is lett wholly with
out protection.
The laws now in force contain penalties
wholly disproportionec, in severity to the enor-
mity of the offences against which they are e
nacted. tits true that no human ingenuity can
devise system of such perfection IN this res
pect, that every offender shall receive the pre-
else amount Of punishment due TO his guilt
Human reason is imperfect, and human laws
must, necessarily, be general in their Provl-
sions, and partake of the imperiections OF those
who framed them. But because we cannot do
every thing, we are not to conclude that there
fore, we ought 10 fold our hands, and not at
tempt to do any thing. If we denied the
power Of making system theoretical, beautl-
full, and perfect, in symmetry, this furnishes no
good reason why we should wholly disregard
all proportion, and infict the highest penalties
IL Of
ciously unjust it must appear, in the eyes OF an
enlightened and civilized People, 10 see the
dreadful penalty Of death inflicted on an often
der whose only offence is, that he has escaped
from prison, where he was detained on the
charge of crime punishable with death, and
this, whether he was guilty OF the crime Tor
which he was detained, or not-a crime, to the
perpetration of which, there is the highest pos
sible temptation. How does the heart OF hui
mainly revolt, at the thought Of hanging man
because he had stolen to the value OF hive shll-
lings! What can Justify the barbarity OF con-
signing 10 the gallows and the grave, the I'M
hapov slave, who administers medicine which
has some bad effect? The injustice Of these ter
rible judgments of the law is too glaring to re-
oure the least illustration.
Death, as was said by one Of the ancients, 'ot
all dreadful things, is the most dreadful 1t
ought, therefore, never to be inflicted, except tor
the very highest degree of guilt. There are
few systems Of law which set a high enough
value on human life. Legislatures frequently
forget the magnitude of the subject, when they
are called upon to deliberate on the life and
death of their fellow citizens. When the Ques-
ton is proposed whether we will consign RAJ
tional being to the untred destinies of a future
world, to take up his abode, perhaps, in that
house of pain, from which, throughout the ever
ending flight Of future years there is no es-
cape" we cannot make up our opinion with too
much caution.
But this is not the only part Of this system
which is Objectionable. 1t is throughout sys'
tenn ofimpotent cruelty. Its only instruments
Of punishment are the gibbet, the whip, and
IMPRISONMENT without labor. Its only END
seems to be the infliction of corporal IAN, and
the only effect it produces is the hardening
and confirming in crime, those upon whom It's
sentences are executed. The only pInishments
which the law presents i'll the District, besides
that of death, is whipping, imprisonment with
out labor, and fines.
When crimes are committed, 1t is the duty
of an enlie htened Government to examine us
laws and the structure OF society; to look 10 the
peculiar genius of the age, and carefully to IN
ouire into the habits, temper, and character OF
the offenders, and the temptations which may
have given occasion to their crimes; that 1t
NAV ascertain what punshments will be best
calculated to reform the habits Of offenders, anc
give the highest security to society. In ancient
times Of barbarism, Governments, instead OF
calmly making this investigation, fell upon
their criminal subjects, not like father, intent
upon reforming their children, but like iniu-
riate maniacs, resolved TO inflct upon them the
highest possible corporal suffering And re-
gret that too much of this spirit is still to be
found in the world Reasoning from the ma
tpre of things, one would be led to the conclu-
sion that whipping and other corporal punish
ments could not have tendency to reform the
character, improve the morals, heighten the
civilization, soften the temper and correct the
habits Of those on whom they are inflicted
But experience has proved this truth with ten
fold more power than abstract reasoning
To bring the results of experience to bear
upon this point, let us compare the effects pro-
duccd by the system in this District, with those
produced by the pententiary system in those
States where it has been applied. An instance
occurred lately Of an offender who was in prison
at the commencement, Of the session Of the
court for the crime Of larceny, who was tried,
whipped, and discharged, and for two success
r..