Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-12-02

"NA VI WIS, W plOuNCc uu tHttt separation OF N COnNlCtS,
imposes OF reformation. The opinion in relation to another
icat principle IN human punishment, solitary confinement III
els without labor, remains yt unsettled; but from the informal
ION have been enabled 20 procure upon that interesting sub
aud from the best reflections | have been able 81 L.sto,y
poe ~ !, an omith mnfy original inpFGSSion, ttai solitary
in cells without l0hour ought not To be Introduced
mo 'c fenitcnitaEy system, except IN cases of tie most afro
;iohs offences; and Of etractcIy conduct in the co,y;c, after en-
'erinS tho fenitent ty. In this latter case, its intLct;on must b.,
lnade TO dependupon tire sound discretion of the superintendent;
sloutui ievtt 90 pcrihi'ted to be extended beyond the tine u
inc sincere repentance and rciuuhI2ti0n OF Inc offender. 1, an
pesis rom this supplementary report, that there has been very
hudc, II any lucrcaSa OF convictions for ienhcntia:y OFFENCES du-
riig fhe present year, compared with preceding wears. Tie
inmocr of convicts reported to be in the / epitarniary Sch Sent.
1877 was la: oiwhich number i35 were white males, q cu!our,i
Inaics, and ottwo White and two colorcd females. On ~. .t,,
.l noJ8, the nunbG! reported was l5a, consisting Of i2
white males OF two white and one colourcd females, and 10 CO.
loecrd males an increase of II ia the whole.
There rs one fact disclosed i'll the Supplementary report, 50
in ITSELF aud 50 honorable 10 the white tanaic
population Ofthis STATE, that deem 1t my GI;v 10 maize bn,,ola-
mention OF II to the General Assembly, and thus to eIo.,l an
OF rs becoming ultimately known 10 tire whole ci..
vil"scd wOIid. II is that tor the last four wears but n white
woman has hecn convicted OF u Fenitcntiaty offence within the
COMMONWEALTH ot sdi and II appears, that only two white wo-
men have beon confined in the penitcntiary fcI The last two years
The Tee white population of Virginia exceeds 6OO,U0O .nul.
low small the numler OF coavicts, particularly of the whit,
female population, compared with tho aggregate population =
How wonderful tine fact, that only one white woman Las kacn
Convicted oi Il itl!tcntiay ct'ace within tie last four ye.:rsi!
From the unueaahy small number OF convictions. coinpared
Wlth tire vhoir population, a presumption naish, arise, that then
IS some inattenton, Oh IaNity IN tie administration of the penal
laws, but from an attentive obsorvatiou upon ,!at po.u;. Sine.
l came INTO office, am satisfied that thc aict is .;herwIsa. and
recently several calls upon the Executive for revisious and rur-
Gons have exhibited Indications, which induced me 10 t.Tr
ths tine penal laws were in some few i.stY,cps cxn,,tt.i -,
IN rl9oGr than III justice. This most favourable general ,es,,l, or
the small number of convictions, compar h 20 lie who'll L..
population, is rendered still more conclusive in favour of the
souno hiora! cohaiuUiu i our society, and more honorable To- our
civil institutions, by tie recollection, that grand LARCENY is male
a Venitent..ry offence, and It made 10 consist of all theft to an
"Houh eNCeeul9 "a toi.aES--t!c lowest limit TO petit larceny
as TAR as my information extends, to be folnd IN the penal cod,
Of any State in the Union. Another consola,orv fac, arnr,rs in
III report, III relation 10 the effects n our ieniten,iarv discipline
IN tine reformation OF offenders II appears that within Tho i,.,
Jour years, only eight convicts have 6cen returned "a, spcrrJ
and third offences, when twcnty-;vso were retu4.ied FOX ,he fouy
years preceding, beng nearly t"O-ihiris mere for the frs, rh,n
the last four years 1t S also coneolatory to be informed tM,t
the Noonen Mandatory recently established, has fully rc.lizrd
the antcipatiOns OF its projectors, aud if furnished with rro~cr
engines for the uae of artificial labor, may bcsonc cytciiSytcIr
useful. There are now confined within Tho feaitcutin,v ,,,r,s
persons OF colour who were condemned 10 slavery So ~
transportation, before the repeal Of ,hc late law inIc,irr ,hosn
severe punislnents upon that unfortunate dcsc ripun, otnersons
and | now respectfully submit it to tho General A+erni,?Y =,
decide upon the proper disposition 10 he made Of then. | ain
respectfully submit 10 the General Assembly the go. 80
revision of the whole ienitentiary code, with a view to u;3 =;
fornIty, plalnness and simplicity, and particularly the cxrp,j;-
snail hereafter constitute the crime OF grand LARCENY r. y -
sum than ten dollars. The supplementary rcport of tr Sr-,sr
intendant will accompany this coInnuInicati1n W W uc SH2eE-
We'll as his report of tine last year, and my remarks t,rrcnr :
respectfully ask the attention of the General Assembly.
IN consequence OF the urgent and anxious requests of Mr..
mas w iiunuey, formerly a teacher of the Dcnfsnd D,ur,
and tie interesting COMMUNICATION made by him in f,ro, ~ y,
mat unfortunate description of persons, as well Us nv own SIM
welfare, am induced to recall tho attention Of tho General
Assembly to recommendation in their beiri!f, made bv Go
veraor Peasants in December, 1926. and to a bill, which wos
under consideration in the year 1896, for establishing an Asvi,no
for the Deaf and Dulnb 10 Virginia. This bill, am rnoyi r
-NNp - '"0i PO~tipiIi- rom y GDuc @EgflGT OF moi thIrT.
was a sufficient number of Deaf and Dumb m Vin,inia 10 ;,s,;i,
such an establishment. L have recently received ass,yys,~sys
grounded upon calculations believed to he conclusive. that die
number of this unfortunate description OF persons Whit ,I:e
state, exceeds four hundred. Under this ncw view OF this
the General Assembly.
a communication from MIR. HURLEY to me, in relation ,e the
Deaf and Dumb, together with I printed copy OF the DosrprrcJ
bill OF tho year 1916, is herewith transmitted
! herewith ray before the General assembly tic rrpor, Of the
adlutautt General, accompanied with a statement of H., s,renri,
OF the Militia of this State for the present year, and also cc The
arms, accoutrlneps, &C. &c.
In executing The act OF the 9Th March, 1924, authorisine ,lc
Governor TO ofcer curtis Martial for the trial Of Militia Oihccrs.
! lave found some difficulty in reconciiins the provisions of the
l rSth ana o"th sections OF the militia act of 1910, which pre-
.eflnc the time and manner Of taking the oaths Of Office by mill
VA officers, previous 20 entering upon the discharge Of thei,
~ IS,ftonvsy' 10 |hich now invite the attention of the
General Assembly, Independently of some seeming difference
10 the expressions Of these sections, there is a gene r,Iitv anS
ahyeftantY IN parts OF the language used in them, winch IN INV
lnnsL'e.r ave '0 vague tor tie precise definitions required in
penal statutes These sections particularly, and rCrhans he
H"oyo ui'tta laws, can ior revision, and certain Parts for fur
ZEE ~ legislative PROVISIONS The papers which gave rise 10 these
difficulties, are filed in the Adiutant GcneGars O1icc. and wTi
" d nun VIRE OF Inc whole subject. 1t has been my gaol for
Iho since came INTO Office, not TO have been formally called
upon to order courts martial for the trial of militia 80.
except IN the case before alluded to; and after the most at.e,Irnn
~ . T".''d'' d all me papers IN that case, i@aGn in connection
with t'ose parts ofthe militia laws, to which thev rei3tr ! ~ ~
nor max I hem sufficient 10 ~iustiiymo in ordering the Co1rt Mar.
.Il 'dI4' i"f and forthwith discharged the arrest Informal
requests for Courts Martial have been rciu,nod. and - a a.
TIE foregoing case, have moi reappearcd. 81
In consequence OF the power conferred uu,n In, C--r-,.
n he anne act, ilara been called upon bv Colonel I;HCa,,,iTs,
the saith regiment, atthe instance of CAPTAIN Kch,rdson' o. ~
same regiment, TO order n court Of cnquiry grounded anon i,,r,-
,tiona charged to have been brought against him bv tir,t *
Hankins- IN my reply to Col M candGsfs FIRST iettrr, / eSnrr ""
'ed some doubt, wicl1c. the Governor r,e-nessJ The ~
'fderhig Co1rt' Of En7uiry, upon the request ola militia CHAIR
q : nms q peace returned Capt Richardson's papers on accom-,
their informally, and suggested the propriety of his ad:Ief;nr
matter with Lieut.. Col. HankiuS 10 some nildcr mole, thsn
n'iitary enGuiry-but upon being appr-rd of the cortr1ts oil
y , ne,Ist r APT app Richardson perscvcred in his request, through
,gIonei N !ahhLsi, and accompanied it with the necessary If
loavit. Immediately took the subject into conside. alton. and
confirmed IN the opinion that the Governor was rot i've.
og Id" with the power OF ordering courts Of enquiry. a. tho
tl.csl OF militia oaicer,, IN time Of ps7cr. bat vininr 10 u, tho
nd S., ~ wF|u tnat slloyclt, consulted both the Adjutant
HI ntt9T'ey Gcdcral, upon tie point. The Adjutant General
lain',su mere was no such power gwen b. the militia laws. but
TIE opinion that the power might hc assumed. as
inherent power, suggesting at the same timc q douDt.
yneIler tne auilor would allow the exppnce of such court of
INQUIRY. me Attorney General entirely concu.rc , 4, mr. in ,
,pfnIon, mat the Governor Of Virginia, had no poue. by law 20
iuo' courts OF enquiry upon the requests Of a militia oaasr. ia {
me Of Pccdce, and believing mvseif, tina. ali inbers,, - - ~
LG powers assumed beyond an actual nccessary Gaze OF
.nhuelsncf' are no'nlng less, than imptons Under false
raj Assembly. '' """'
! you'd briefly remark, thar, in tine Of osrce. 7 cnnddcr =
liitta officer, asa citizen merely in his civil cbaysrtcr. and N
inc Z UDr vvrp, c-ToI s-az = -.---N $3.50 ia Z