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V r !'- i-i- ! 11 4 -i . .." .Js ft?1:. p 1 ft i V -V I'M Oir we f ht Plf f fair.d.cHjhtfulPeac? , OawVF'dJUy Party Raget lifelike Brothers." Vol. III. Tu esd ay v J a n u a r y 5 , 1802. Clr 0 s I m ; I peuttenttarp Bill, v Jn the. koufi of Commons, December 7, i8oi . j Cntiniiedfrm urlajt r: Mr, Wtrur s A,tnciv.iipn. y r r life is?of more imjartahceihan any manjslctc) cop- ccive : luis me gnt-ui mc uicaiui, t ..7" " JT butthim his a right' to take it aWay. All arc willing to pre, urve it ; wc flee danger, arid dread a change. Trie love pt hfelis an irlWrentrircipl from -which .e cannot depart : The God of ."Nature has implanted it z v-the reat preftrvative principle of our exigence ; nd whofdever takes it away, whether individually or colleaiyely, violates the mod ftcred of rights1, which ought hevej to begone, ex cept in cafes of neceffity, which are well provided tor in the prefent bill. t rr 1 V u Mr. CulPPXR. I am in favour ot the paliage ot the gill, I difltr in opinion very widely from the gentleman from Favetteville, as to our prefent penal code. I confider iurl penal laws both cruel and unjufl, and I am induced to bclreve that my opinion is thit of a great-majority -of the ci tizens of this State, On this account, our laws are not en forced, rjuries will feldom cbnvia a man of horfe-fleahng; .ndiflhdbc comviaed, a reprieve is generally fo powerfully a jplicdfor, that il is moitly granted, rvien are leiaom humr for this crime, and the cohfequence is, that they go dnpuhilhed altogether. I If, then, it is fo generally acknow ledged that our fyftcm i too fevere, and that our punifhments 3a :e by no means proportionate to the crimes committed a rama fecicty, it is Airely time for fame amendment t be nfade to jit. The defign of punilhrri'ent is, the good of fo cfety; and no one will fay, that when We hang a man, we 4 mean to do him any good "I the e Sea is intended to be pro d iced on fociety. - Would it not, then, be much better, if we fcan pravide a mode; of puniQiroeiit for offences, which fllail not only haveagoddcffeclph; fociety, by deterring men from committing offences ,bat whiclvjhall al To have the effea toi produce-Vreto'rmaUbtt of condVln.'the criminals them felves? ',ri Wve.felt itmyuttt? rie thefe few oblerva tipris; and asl am fully; perih'adcd the time will foon come when Governments neriilyjwijl l?etpo wife to take men's -."'Si cu fit"") . nrtvertv.! Mr; ti,LqODWORm v:l rjiewjui grcai uuuciiw w u.. country :ident fta human nature. I 'know :'.M curtnmsecqrnelfo uge, as almoft to IS VCI V U1IMI.UII HI IWi iiiv- : J become innate nrinciDlesV; ci (loins and prices of a country, I here is always great .' te iittanCe in departing frrr0nd when I look around m ;i and! fee fo;many yoMhuft ctime into the Legiflature, w iofe minds are unripened by experience, and who pufh ; on with (vigour, without confidering confequences, .1 greatly ? defpair of fuccefs in carrying the prefent meafure. rf he (gentleman firft up has faid,-that no State, fimilaily icirumrtanced with Norm-Carolina, has adopted a meafure of ibis kind. Surely that Gentleman cannot want to be in ." fonned that the State of Kentucky , a much younger State than this, has adopted this humane inftitutjon. That j Gentleman alfo fays, the expence of this meafure will lar ! exceed the advantages to be obtained from it. Grant the pofitic4. Is it on account of any pecuciary advantage that the General AffemBly are about to amend their penal fyfi tera? Certainly not. The Gentleman raifes another for ; midable objeaion to the bill. He fays no artificers will be 1 confined in the Penitentiary. - I wilh this, may be the cafe. V But is it not poflible to' employ an artificer, to iriftrua the i convias ? There is no force in this argument whatever; T There is not the leaft doubt but. the wifdom ofNorth l Carolina will be able id find employment?gjthe Jerfbns f confined in the Penitentiary, though not,T5erhaps, fo as to rune any emolument 10 mc 7 " ,y? i r ' the objea is to make I anlnrpvementj in our penI edde ; l. ana unjuii, necauie our pun un roportioned to the crimes the com- iilh. it would De uieieis to expa. I, believe every perlbn is con " Can it be juft or right,! to put a man to death for dealing a horfe of five pounds. value, and do no more to that ,mah who nbt only fleals the horfe but kills his rider? Does not juftice demand that this AiTembly ferionily reflea on the difparity and impropriety of theie punilhments? We are accountable creatures ; and though We; fwdl here in our characters as JLegiflators, we muft htfeafter individually accouht lor our aion before the Judge of ; Heaven and Earth. jThe prefent moment is: in our Ppu cr; the next is ui -fmbrity and' we know not what a lew moments mav hnri fonh. ' Let each Member afk him- rtifipd in favinff that the. life of a;Cnminal hall be fbrfeitftdleuajiy; foe gre?tnd imall ot- iff fees t X well vhich is at prefent criie rnents are by no means ;p tniffion of which they nu t'late on this partiular, as Viriced of the truth of it.; know the:diffid 'I'iiwts. and 'r9ffn.rrtritif fi.tmdire? re is in JpQll udjcc ancien veaker will always deftrqyjthe fdrce of h Heg Gemlemen to confidcEthe hke Rehoboam, who liki Ijtheiad ;Cn loll thegreater.parW r'B ufl determine the fate1 of theilives oil riuraberiof jfour rtilnate fcnow&enpi . V he IVloufo has long tfelto ;n ,iavedouhilefV fc iear or. 1 r ffir wtiriri-nn tn lotheE Gentlemen oppofed to the bill, j - 1 Mr. Lace Y. , The eloquence of the Gentleman laft tip does honour to: tfic oodnefs of his heart ; jut it appears to me jthat the arguments made ufe of, are-more calculated to 1 judgments of the utility of the meafure contended for.; Whe fo grjeit a change aj is now jpropofed in cjiir criminal law!as before the Legiflatare, it ought to be taken up on far diffe rent principles from thofej on which! the Gentleman his chofen to difcufs it; His reprefciitation of an unhappy cri minal about to be executed,! was to be furq affe;aing. It is lamentable hat viceprevailsin fociety ; but it does exift, ancjit Has been neceffry to provide laws to punilh it. The prefent Criminal law I believe the people of this country live happy Under, j, I ' ) , . ; ' " j . Jf.- - j In refpea to the policy of this meafure, whatever other Members may think, I am of opinion hat it will hot be good policy : for North-Carolina to pais this bill irttO a law. It is faid, that crimes are at prefent uneqiiailvr puniffied, and particular flrefs is laid on the punilhment for horfe-ftealing. It is difficult' to form a law to puriifh all crimes equally. The punifhment of this crime may be altered! if thought too fe vered Without palling this bill. I do not think, that.xf-an uniform rule of punilhment could be adopted, t)ut this crime ought to be punilhed withdeath, thougfifTorTe-ifealing is a crimje of a very ferious nature. I cannot believe this Peni tentiary is calculated for humane purpofes; finceit propofes that an unfortunate crimiryal Ihall drag out, in fome cafes ten or twenty years; and in pihers the1 whole of his life, in prifon ; whereas if an offender - was punilhed with death at once, he would be forgotten, and not be a living monumenr of mifery arid diftrefs ; but by the prefent, bill, an oFender who, is how punilhed with death, would have to undergma punifhment in'the Penitentiary, in rr)yfbpinion, worlS wn: death. : pther States have been broti g(it for ward afcarajj pies, to fhew the propriety of this meafiirc. When the laW palled ih Virginia authorifing an irflitutio 61 this kinii commerce was fiourifhing, and money was plentiful jn tMjt State. ; She wat rich in her revenue. Brjt 1 believe ihe U how tired of it. It is well 'known that the citizens of this State have now to paythe United States direa tax, which will put them to great inconvenience. If the Trea sury of the State was iri a fituatton to furnifh the money requifite to carry this inftitution idto effea, I fhould hae no objeaion to the meafure; and I think the friends of it fhould confent to wait till this is the cafe, when the build ing might more eafily be effected. The pafling of this bill j will not build the houfe of correaion ; it requires fomethirtg more. Perhaps it will coll the Slate ioo.oool. and if the law is now paffed for beginning the work, and a future Le giflature fhould view the fubjefci in a different light, all trie money expended will be loft to the State. I hope, there fore, the bill will not pafs. . Mr. Blood worth. I wifhto reply a few words td the pemleman from .Rockingham. The greatefl objeclidri iirged by that Gentleman is, that a future Legiflature may ioaway wnat is done by the prelentjreneral Aiiembly, and hat, in this cafe, the money expended will be loft. He ilfo calculated that the exDencc will be great ; and that Vir ginia was rich when (he undertook this work. It is not Virginia alone that has adopted this inflitution; but alfo ?ennfylvania, New-York, South-Carolina anoV Kentucky and fo far from repenting qf what they had done, I belieye tttcy are altogether fatished- with the effefcfs produced by them. It has been a flu red to me, that in Kentuckyj offeri. ders are more afraid of getting into"' the Pemtentiaiyihan eywere fprmerly of coming to the gallows, l I f Perhaps, ! When I was up before, I , fpoke too much to awaken the pafiiorts. I will rfow offer a, few rea fori s on trie tibjea. 'IThe intention of punifhment is two-fold ; the firll is to punifhj the offender: for (His. guilt; the fecond, to deter Others from committing offerijres again ft fociety. J To anfwer! he firft intention j the offender ought to be piinifhedln prci.; f)ortipn to. his crime,!, and; where this i exceeded, the Let ture i guilty ofinjuftice; to have the fecond effea, it be comes a queftion, whether it(wiil npt be hetterto keepjyini Vias at hard labouiB piifon, than to hangthem up at once. When a rrfbn is hung," he is foori forgotten ; but when he is iroprifdned; - this is not the cafe. We know that death is the t -commih' lofebt. Huthanrnature, and though it lie dreadful inhe pfofipeaj W dead, he is lbctii put out otr,ememprance4.fr.my- own-.part,- I tninte cruel felf to' few wpxds. I ffiall . onlyadd a requeftithaentje- dt r mutual men will remembet the fafe iof thofe unhappvtoftalj, who teve to iiyei ;But beinconviaed'of, compariHyely fmallvoffehces. are tenced to be hung fcyl the HccK till thejr are dead, dead, dead! and the Lord have? tpercyj: upon tjr-fquls.-:lj$tf$y. thtfe poor creatures ftand in, ne!ed of from HeaveriV -i tliey ct' it verv fparingly; feoni mortals . , j r i -; " By the prefent fyftem9 the State, ill fuch cafes,. Idfeji a citizen, anil difgracei&vrivctterr upen the fanqilyi oT the fyf cgeV to pyernmerit ? ;Happ)r ;4o ha ve. declajred to eontraryjir.pur 2onftitu Ifjthis,-jt,-.isfnfuH y,-carinat:he fubje (adougbtnoft.todeflfo treWafJirjlJori uro.w5.oit f.vjrou. j, nciorerait mart ouent-to torieft liftp fbciet his enmeav fQidem tha the time is oftar diftl y'W nptputmen'lo death contrary toitheliwp ofipod and Mn-nt indeed contraryL to the exifttng law but contrary , to real juftice. . tftl tire the Houfc, how evgr, I fhall fit down. ,; -.f , ! ' . .. -"..M-:' i jThe queftion was called for. ? . , . : : ! ,.Mr WvW- JONES ! I arn fojrryfthe Hdulc appears fo tired of this fubjea. I mull beg leave however to bcciip lti attention for a few minutes longer. ! From aHy'thipg which appears from thel observations of the . friendi if the bill I hive fourid np reaTori to channel my mind With refpea , uFfvic ua uionj vrcaions in iavour ot tnu meafureire kept back; iri order to decoy me within gun-fu and that by and by 1 ihall receive a broadfide. P P f. ' I i inau endeavour to anlwer the oiicrvations pf the gentle f : 4f who fupport this bill; It is faidi !e arrumehif cxt peribe ought to have nd weight, bdcaujfe :our; ;taxei :rd&Z--prdent very low ; but, ; becaufe we have net heTetofore ' beeji opprefled with taxesis that any rCafon Why we fhouhT ' u"wiy vwuuiiuciiis r ; uc geniieman irom-iNevir- I dp not with it to be relied tipori any farther than I adduce reaions in iupport oj it. I : To (he'vym Wmtof iflfprraatidn ori this fubjea, the gen lJr K1? Aaaddu,ed ReNcky as a State that has adopted this ' In ftitutioa.; but thaVftAblifnment has not been lenghfcHodglt ' m exifterice to erience any gotfd ffeas IVomv itfe With-i refpea to' the other laces meritioriedii the 'ftate of liSociety there is yefy;rfiffctentjmmhdt it & here. t 0 : conternplate it&"Xr"lZ? ? wcvypccc.io, DUiid a fenitentiarv l?SW?7Aft pecHve counties ad fuffi- ic'nt fpr thfafeeepjrig oi thefecHnliBals ? : 1 1 It has been dbferved-Abat are ifrrniint Triily : biit henoiiricorVdiia fs fohrided on the flria rules" bf law and Morality jwriaVe nothing to fear. It has beea am to pe ipDuman.4o take ajvay the life of a man fora fmail i mcHce w pen no more, couid begone with him who ' com : rutted the greatefl hpt there is a diflinaiort toibel made : Wuhreipea to offences. , Beccaria, In his Treatife on Crimes punifhnientire impolitic fih the frequency of their re petition den jroys their etiectand itrange to relate, curiohty willjeycn draw theTfair! fexjt thejr f4 loc r et u rcshy ? manuy are'deft rbycdLalid pathetic pallipnsnp longer b3&ft.'Ms:; ! ; ;:;tolf . ! h"'"" . - It wxi it lis faid weare nottihatuaiori4o Carry Kthismea' fure' ita effectf f that Nor tfflealrolmaihot able to ido wh'iit -hefiy&un becute we are "iioV'Uling thfetate ihrneritscVit cxoTiharjiif 1 hcfieWeriafe fubte6l., I bt l.eve tbciety had;iiih jput V man to death 4nH Pmnlh Mont. : IVi., J t t Lt a. . iL I ; ' . . mw. ""'"H'r 11141 tu? means made uie ot py tbe aw. io puni n crimes, mould pe mpre; powerful in prppbrtion. enlriiiirf es will not fupport the objeaiohs made to this 4 ihefe 1a. 1- ii 4 i-rrr : . j .1 .1, ;. u n. s;&- J) . i- J " "c? Wy oimcmt to prevent the ltealmg of horfe t r y rr v ; u" v -"vccd away;; it is not 4afy to detefct the thief ; the punifhment for this r,m4,o- bugbt than to be, 'iiitU-fy ur,la!w; Teverely. bPniffiei. Vl; I A"?'- " rv uu;c vrHne.jitatea initnis Pill, iWrnch i$ ddnt ' mitted m open violation the laws, againft thofe whom we :: are bound by : every feeling of honour; to proiea. I-alludi " the crime oTRapei ; I will not afk any Gentleman thls Jjioufe to lay, whether any punim1mehtmbrr0fj death$ca one for thi crime Wiilft J hivtho'werf ekffe 3t this otien II this crime were noi ntirtHri ZUU Uikt, k at man is :bru tally trea tllke offender? It is to em, as irig death.' Executions re there whofe ekl, who would poChilhfdf ii too time o kuim 'VUU1JI bke-veicirirpSf liriajiyJOTattKe-fe U.rrrrr- . "'h c,lti na ieP puniijinerii&.foi WV there be any thins which can' detpr .. l! , ' .mrnitting hmes, it rnuft.be iheation nl I.T. "Pi?e W! tnaf frediieht kf 'm this fMatiod.: mmmTmi arid fuch fceries do riot ufteri Sccur.h Vherehp$SI 13 creaU crimes are muhinlieH W , -b u le. f . - t ;!' I fee no feaforti deed I hold u to be liiv; tliitvito'bffnrili. hi ri rwi -inch wt,uid .temmammtm: queiices asitpis would be, icv,thrs daUinjr chit c vuudi uyr oi aaojournment itfon benid budlV cal ed rfTIJ: Mr. Fi s lil ' movcii.iadjouV'nFf f: 7. ' Mr. WRiMix; ;1jfejth t 19 pel ildp he ti'din?iv. is mi mm 1 i I , 1 1ll
The Weekly Raleigh Register (Raleigh, N.C.)
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Jan. 5, 1802, edition 1
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