Litchfield enquirer., 1829-05-14

RtssUsttO0tC Onment in the State Prison, was presented to the attention of the General Assembly, Subsequent experience and information, have strengthened the opinion then expressed. The shortest period of confinement being lim- ited in only a few cases, very unequal punish ments may be inflicted for crimes of the same character Such inequality is contrary to the spirit of our institutions. As, according to the constitution, no person can he deprived of his liberty, but by due course of law, so the ex- tent of such deprivation ought to be fixed by law. Persons have been sentenced for the short space of six months, in some instances, while in others the period of confinement has been extended to ten, fifteen, and twenty, years. and to the term of the criminals natu- ral life.
 Sentences to the prison for short periods, in consequence of the usual inability of the prisoners, tn such cases to perform any prof. table labor, occasion considerable expense to the State, without much probability of effec- ting their reformation. through the instru- mentality of penitentiary discipline. Return ing to society with no moral improvement, but with the infamy of a conviction for an igno. minious offeace resting upon him, the convict easily, and as experience proves, but too ffe- quenily sinks into more aggraN ated and des perate guilt. On the contrary, exemplary sentences, extended to very long periods or for life, depress and dishearten the prisoner Permitted scarcely the slightest prospect of restoration to society, despair may render the prisoner incorrigiblc, and his reformation hopeless.
 The subject is not free from difficulty. It is however recommended to your considera- ton alike by the dictates of humanity and a regard to policy and justice. Although there is no standard by which the punishment of crimes uf like nature, hut of different aggra- vation may be measured, yet by fixing the shortest aud longest period of OfcOnfnement for each offence, the desirable uniformity ofpun- ishment. for which our criminal code fails sufficiently to provide, would he effected.
 Among the one hundred and thirty four prisoners ln the State Prison, there are one hundred and two, under the age of thirty, and twenty four, short of twenty years.- This statement strongly impresses the neces. sity of some prov ision for the correction and reformation of juvenile offenders, and the punishments of minor offences. Such offen- ces often go unpunished, in consequence of the want of mode of punishment, which is sustained by public opinion. By the i'npuni- ty thus accustomed, the young offender is en-
 
 mity, confirmed in guilt, and driven from SO ciety to the State Prison. The evil is exten- sively felt and needs attention. Whether it may he corrected, by the establishment of work houses or houses of correction on plan more enlarged than that contemplated by the existing law, is fit subject of inquiry. Such institutions, when properly organized and conducted, by cutivating industry, may be made effective ito arresting the progress of vice, and rescning youthful offenders from in fanny and ruin. By Furnishing employment | for the idle. and cOmpelng tharn to work, so- ciety may be relieved from the burden of their support, as well as from their depreda- tOns upon private property, and disturbance ofthe public peace.
 From the distinguishing principle of repub. lican governments, that all power pmanates from the people, in whom B deposited the sovereignty, results the necessity of resorting in cases of great emergency, to the effective and armed yeomanry Of the Country, to aid 1 in executing the laws enacted by their own a. gents.and tn suppressing insurrpctiOns against rightiul authority. While the military force to be wielded for such purposes shall be com. posed of the people themselves. executing their own win, instead of servile and liceIl- tiOus soldiery, too often the instruments of tyranny and oppression. in other countries, no apprehension need be entertained that it will be insubordinate to the civil power.
 l A properly organized and trained militia will conduce equally to the efficiency and perpctuity of our free institutions. The sys tenn which leaves the milhary power with the people does not jeopardize their liberties.- No da- ger exists. that arms placed in the hands of the hole body of the enrolled citizens, will he used f0rthe suicidal purpose of subycrt- ing their own happiness, hy ovrrthrcwing the governments they have established. Such force might indeed be the dread ,of despOts, but tt is the palladium of republics. The in. 0nence Of the militia system, upon the safety and movements oftree governments, obvious
 y entities 1t to their liberal patronage and viz. liant watchfulness.
 ln repelling hostile incursions the achieve ments of the militia, have not uufrequently been worthy Of freemen, exciting astonisE- ment abroad, and securing confidence at home. This appropriate arm of our defence upon the land, can never be palxied. except by a mistaken estimate of it's importance and power, and it's consequent neglect. Armed, disciplined. and united, the people of this country cannot be conquered.
 The subject of organizing. arming and training the militia, early occupied the atten- tiOn ofthe respective governments having a,- thOrity over tt. Owing. 10 great diversity of | sentiment as to the mode of eflccting the oh- ject. the national government has abstained from any other exercise of the power to provide for dicinIininr inc militia fhap to dS