Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-12-13

the eonvicis is indispensable: That 50 long as
they are permitted to associate with each other,
they will become more corrupt; Ihat tue most
vicious and hardened will exert their Contanna
ting influence over those whose minds original
~ are less corrupt and deprAsed than their own
1 recommend this view OF The subject to the
consideration Of the Gen. Assembly. for the
purpose of showing the policy and necessity of
erecting more cells, as the only means If carry
ing this principle into eifec'i and thus OF max
ing fair trial of the effects OF prison discipline
upon the reformation OF criminals, through the
pententiary System. 1t viii be seen from Mr..
Parsons re port that material interruptions oc.
cur in the discharge OF his duties, from the
great numbers of visitors, calling from mere
curiosity, to view the interior OF the Pennen-
tar' and that il is desirable the practice should
be checked by some legislative provision; or an
additional ofi~eF granted to the Institution. In
several of the Peuiten'iaries, admission fees
have been resorttd to fur the purpose Of check
ing the practice, which | am disposed to think
might, in the frs, instance, be adopted here
instead OF an abgolute int tdiciion | recon
mend this subject also TO the attic ntion of the
Gen. Assembly; and. particularly the whole
contents of MIR. Parsons report, which is here.
with communicated marked !.
Whilst considering the subject of criminal
Jurisprudence I find myself lmpelIed by an
imPerious sense OF duty, 10 call the attention of
the General Assembly to the provisions of the
laws, which subject free people of color to
slavery. sale and transportation, AS a punish
ment for thu commission of several different
crimes. Wibou, questioning the soundHess
Of the principle Of the forfeiture Of ind vidual
liberty. by the Commission OF cr,mes; slavery
must be admitted to be a punishment Of the
hughes, order, and according to every jus;
rule tor the sppor'ionment of punshmens o
crimes, it would seem, ought TO be applied
only to crimes Of the highest order; bur under
the existing laws in cases OF free people Of co.
lor only, il is extended TO several crimes not
involving capital punishment. UndeE these
iass, the punishment of slavery is ind lscrimi
natey applied to both sexes whilst the curse
of slavery from It's peculiar character. bears
with much more severity upon females than
male offenders. In the case of male offenders,
the punishment dies with the offender. In tn
case of female ofena re, il does not; but il
hves. ard is visited upon the offspring through
out all generations. The most serious and 5.
tressing reflection, however, in the application
of the punishment OF slavery, to female often.
ders, when extended to the offspring, arises
from the circumstance--that the innocent is
punished with the guilty. The unoflsnding
offspring ls made to participate deeply in the
punishment of the offending motberj whilst it
partics pates nothing in her guilt. This seems
10 me 10 be Incompatible with every principle
of morality and justice, end directly repugnant
with the just, humane and liberal policy of
Virginia, IN the dispensations Of nninal justice
upon every other occasion. In cases OF the
sales of slaves under these provisions of the
laws, he coalition of the bond requiring the
purchasers of the convict slaves, 10 cause them
10 he transported beyond the limits Of the U.
Ststes, is found, in its execution, to be merely
colorado. tits believed TO be seldom or never
complied with; and from its peculiar character,
it would be extremely difficult TO enforce a
compliance with it by judicial proceedings. 1t
would require the proof of negative, ana that
negative Of a character too, very difficult TO be
ascertan2d. II this provision OF the laws
sh uld be known to be VIGOROUSLY disregarded,
and no competent remedy adopted against IT'S
violation, it becomes subject well worth, the
consideration of the General Assembly whether
the other provision of the laws in relation to the
transportation of convicts. conpOrts with the
jus frank and liberal psllcy towards his sister
states, tor which, Virginia has heretofore been
distinguished on ell olher occasions, and upon
which her moral influence in the United States
must mainly depend. The transportation Of
convicted people of color, as means ofiessen
ing the number in the state, can have but a
very limited influence in producing that very
desirable effect; certainly TOO inconsderablc to
justify the introduction ofunusual punishments,
of questionable principle, into our criminal
code, directly Inconsistent with the mild and
humane spirit, which characteristics every other
part Of the sy stem. The whole number trans
ported from Januar, 1924, to this time, amounts
n nt,tt A a aha tntt.,
had any beneficial effec; in the prevention of
crimes, since IT appears from authentic docu
ments. that l. were convicted in 1877, whilst
IL were the highest number convicted in any
preceding year. 1t seems but an &C, of Justice to
his unfortunate, degraded class of persons to
state, that the number of convcts compared
with the whole population, exceeding 35, 900,
is extremely small and would serve 10 show
that even this description of our population, is
leso demoralized, than has generally been sup
posed. The copy of an authentic document,
marked X. is herewith forwarded for the infor.
nation of the General Assembly upon this
point. From these, and other considerations,
L earnestly recommend a review of these provi-
sions of the penal laws to the Serious attention
OF the General Assembly; and confidently rely
upon ITS wisdom, justice and humanity, for
the evils, as think them, If indeed
evils they should be de- med by the better
judgment Of The General Assembly Hope TO
be INDUCED for most respectfully recommend
ing in substitution Of the punishment of slavery.
sale and transportation, the propriety of APP
a separate apartment in our own
Penitentary, for the punishment of this most
unfortunate description of persons. hseems
to me, that plan might be devised. by which
their labor could be made TO deIray the expen-
ses OF their own punishments, for their own
crimes.
After having attsntivelY examined the reports