Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-12


the crime OF manslaughicr, which was punished more
ighty than the passing OF Counterfeit money But man.
Auger wa not necessarily greater crime than the
passing $50 spurious bank note There were cases of
nan>lsngher which but shade more criminal than
Jusnhabe homicide; aud in such case, should il he
shewn that the deed done under strong
:" We Wo'neht oil TRIAL. and that the enlargement Of the
individual would not he dangerous he (htr. Co should
NOT object to such criminals release. He thought the
PIE" OF I'll health la this sufficient There was
cause Tor the frequent paoning OF convicts which he
looked upon highly pea Dicous, and To which check
ought to be given: IL was the exercise OF family in
nuence IL the legislature were 10 allow mere nett.
ton 10 induce them to release criminal they mig dis.
charge from confinement individual who had no claim
ocemency, while poorer or less influential convict, co-
hned under more favorable circumstances would be made
10 serve out hts ine Even in the punish.
criminals, they ought lose sig Of the principle of
equity nor should they recommend the enlargement Of
prisoner because oil the length or ability OF his petition
aud the number Of the sgnatures-but OH the merits Of
the alone.
Mr. Brown of Petersburg said he took ,,;0.ren, view
nus question from that offered by the gentleman from
Berkeley. lie bad the wife of the convict an, ha
heard her story and he thought the Legislature oug to
in'erpoe The law bore hard upon the convict ia this
particular pointthc uierance Of counterfeit money and
was Tor that offence the prisoner had been convicted
MT d. trusted that the gentleman from Berkeley would
aow he prisoner as 10 any other offences, the bene of
ne rne That every man TO be presumed innocent un.
vi he was iound guilty This particular case was ga
ring Illustration Of the remarks in the Governors recent
hessage' upon the inequality OF criminal laws The
iaw' Tor instance makes the penalty for passing coun.
terieit money heavier than for couniericng isel nor
co"T any proof be needed of
was evident that the jury did look upon the offence of
INC prisoner as an aggravated one as they sentenced
MN 10 the shortest term in their power, under the
law As to the character OF Lewelien Mr. b. yvoud
no. say that it could be called good His prouen
sites We're, however, of that class which might be
character. But admitting all that could be urged i'm rel,
ton to the offence for which he sentenced it appear
ed 10 Mr.. b. that he had been sufficiently punished for
crime OF that grade he had been confined in the coun
y Jail Tor six months and had three OF his inn
prisonment in the Penentary-Andh he could assure the
gentleman from Berkeley that there did not exist in the
universe more miserable and hopeless being than Green
H. Lewelien, nor worthy objects of commse ration
than his wife and ten children Does the gentleman in.
!ena mat his remark as 10 the effect Of family influence
In sucn cases. should apply 10 this particular instance?
So he Is in error Lsween has friend: he Is alone in
the world All but his wife, have deserted him. Aud that
woman said Mr. b. has exhibited in her most trying situa-
ton traits Of character which ought to be respected and
admired, let them be found where they may For nearly
Jour years has she struggled with her suffering
iamiiy around her: but admst her trials never have
her faith and devotion to her husband failed And
now, she has come down from the mountains with
,;e peuoh IN her hand suppcaing for his
non 10 the bosom OF his afflicted family She has done
All IN her power TO urge her prayer upon the mem.
ocrs oil this House, with humble ess which
=, was d,,ieu'. 10 resist Her conduct was illustration
OF female constancy which did honor her sex. Iowy
though she be, said Mr. b. her conduct has been that Of
herolne-and That woman has noble a heart as ever
beat IN the female BOSOM She had told him the story ,f
her suenngs, and she had touched his feelings; for tiev
must have otherwise been flint. But the gentleman from,
berkeley asked Tor documents. The committee had the
",
ing that Leweien suffering under the effects or
chronic choera that his retention i'm prison would he
70 nun se'ofe me expiration of his er and tina, he
10 oeeve mat no must remain, he would live twelve
months: The gentleman from Berkeley had probably
neard mat Leweilen was of superior ntelg ence
Tor one oil his class Of life and this mig b have led ta
gentleman TO the conclusion, that family influence had
been at work 10 procure his DISCHARGE
Mr. Colson said he had heard OF the individual
before to-day
Mr. Brown resumed-He would ask if i, was the soir,
OF our Penteniary System to take life? He understood
uat tne system contemplated the reform of the convict
anu MS return 10 society," After his punishment better
but when The House had satisfactory evidence that
Inc lie oil the prisoner stake-that his continuance
mere was almost certain 10 produce his would ask
IL was not case of life and DEATH and one which de.
served 10 be relieved He knew that ober cases ;gb,
ARISE in which i'll hea, would be made the ground Tor
similar apphcauons and that this precedent mig cited
10 sus,aia Them But he would freely saw that when
case should be brought TO his knowledge in which the
NE oil any convict was shewn TO be in danger he wond
give his aid to place him in a situation where his life
"ight DC saved This was not merely of i'll health
but one where the existence OF an individual was in
vowed. IL was perhaps not necessary speak OF the
Peh'ehce oil the convict that not the consde a.
ZION on which the report of the committee was iounde
nu. ne had The statement Of member of this House.
una. from interviews with Lewellen, he convinced
.na' u mere wa' ever penitent man, that man was
Green B Lewellen. Mr.. b. hoped this might be an aJi.
hona ihducenent TO those gentlemen who were disposed
10 extend mercy in this The Legislature was about
although II was true that the Executive possessed The
power oil pardonng; but exercised only by the Co.
ylli of The
prisoner or was some informay in the trial In other
IL was not usual for the Governor make use Of this now
er twas therefore necessary for the Legislature to ex-
press It's opinion, 10 induce the Executive TO The
power IN the present instance. The application was en-.
trey CONSTITUTIONAL and he trusted the House would con-
cur in the report OF the Committee
Mr. Coon said he should be pleased to hear from the
members from Bedford and Boeiourt the circumstances
OF the
MIR. Pate said he had presented the petition but he
Ola mol pledge himself to support it, He believed there
never e was a man more justly punished than Lewelen.
houg ne saw no very strong i'm his favor his
character being decidedly bad; yet Mr. p observed that
prayer OF the petition. e' Wv
MT wilson OF Bo said that the character of this ind
Vua III me counties Of Bedford and Boetour was very
pad one. lie admitted that the gentleman from Peters.
ouiR hau made strong appeal 10 the sympahes OF the
House But the general existing i'm those conn
ties upon this subject more powerful oper,,ion nm
ms mind Than the eloquent appeal of that gentleman 10
MS feelings lie owed duty to his constituents which
was paramount TO all other he epeat-
Ell athe eit himself virtually instructed vote against
nil oppose the release of the prisoner
Some conversation took place between Messrs Cols,on
anu Oaaer aud the latter observed that he believed the
Executive DID not usually exercise the paronnp poyv
curing The session Of the Legislature. As TO the other
onJecuo-he would merely ask,--if even surprising all
mat gentlemen said OF The guilt of the convict correct
H we nave The pound OF gesh' Must the life Of the
prisoner pc takeh III so, why not raise the pbbet and
once exunguish the light OF hope which now dawns OH
MS discoh'oiate fimily? 1t on the health of the pr
soner Alone that the proposal for his discharge placed
Mr. Glimer believed that there was some mi,conrep
non w ''s matter lie thought the gentlemen from Pc
ersoug and Jefferson had made out their ,a this
man ought TO be discharged But he was OF opinion that
ms House could not with propieiy act on the subject
hie "ouu recommend TO the committee 10 modify tbe re-
sounon so as 10 recommend TO the Executive TO pardon