XT
VOL.. v .
froh3 the National Intelligencer.
T0 THE LEGISLATURES OF tE
RESPECTIVE STATES
Letter the Sixth.
The last object which requires
particular attention is tint Punish-
tntnt of Crimes
If will nof occasion much surprise
to a mind, well stored with the facts
of history r. that the criminal codes of
Europe firtAitfjait in principle,; and
imperfect in operation. Havirvg ori
ginated in periods of but little know
ledge, and in conditions of society
not very dissimilar from the savage
state, they appear to have been ge
nerally the offspring of sentiments
altogether repugnant to those which
ought to characterise a well organi
sed republican government. The
leading motive of savage life is re
venge ; and in proportion as socie
ties approach this stale they appear
to be actuated by a kindred passion.
From its nature it magnifies the tur
pitude of offences, it overlooks all
oiacriminalion arising from degrees
of guilt, and, hu'rr.ed on by infatua
ted feeling, delights in-, sanguinary
expiation, wnere tne laws are jh
defiiied, and legal restraints but im
perfect, the temptation to violate the
rights of others, gathering ,stren&th-
from the hope of impunity, leaves,
perhaps, no other effectual remedy
than the terrors of a ; sanguinary
code. K
It was under the influence of such
circumstances the English nation es-
Soon passing, however, from the
dark ages to great commercial im
portance, the system underwent a
x radical change with a change of
circumstances. The passion for
gain becoming ascendant over all
others, and as it were absorbing the
heart oi all clases, properly became
more an object of cupidity, and et
forts were multiplied to acquire it.
Its vast accumulation in particular
hands at once impoverished a lar'e
cu ss of the community, ana ottered
them objects seductive of their int e
grity. The oppressions oi vhc reat,
powerfully aided by unjust' moaupo- j
lies established by government, by j
producing too general an impression
that the rich had untuiiy acquired
their possessions, loose;ea the sanc
tions by which they were held ; and
he who violated Uiem became more
cuieia? to avoid exposure, than re
pugnant to the perpetration of crime.
In sucn a state of things, listening
more to the suggestions of passion
than reasons, legal crm.es were
multiplied ; invasions of property
were punished with the same severity
with murder ; and in the infliction of
punishments the gradations of vice
were lost sight of.
Such is the system which it fell to
our lot to receive ; and which, witn
too little variation, yet remains in
many of the states.
Some of our best citizens have,
from time to time, awakened the at
tention of legislators to this suoject ;
hut it must oe acknowledged taat it
has not yet received that deliberate &.
enlarged consideration to wn:.n it is
eminently entitled.
Let it not be said tnan the subject
is unimportant. Superne.al muse be
tae understanding that treau it as
such.
The moral revolution, effected by
the iTnirpd tnt-e. is not to be con-
. . . w w vs v
siieied as composed of shreds and
patches, heterogenour as the mate
rials oi chaos. It . rests on a few
great principles which require uni
versal approbation. In yam are
principles embraced in theory, with
out being carried into practice. We
may in such a case possess the form,
ht substance of happiness will be
wanting.
One of the principles is to pro
mote, in the highest practical de
gree, the happiness of the whole
community. This can only be ef
fected by doing justice to all men.
Any system of laws, which deviates
from this principle, will of necessity
Produce two effects ; injustice to
particular individuals directly affect
ed; and injury to the whole society,
from the legal establishment of in
direct principles. It has ever been
51 question which effects c.ch other
&s most, government or morals f
and the question remaining unsolved
may be considered as tolerable proof
of the equal influence of each. How
important, thert, does it become tor
governments in laying down rules for
the repression of vice, to adhere
themselves to principles founded in
justice ? Under the influence of un
just princpleswe have seen states of
society m whieh murder and theit
have been venial offences. If no
thing is more true, as applicable to
individuals, than that the least de
parture from rectitude of conduct is .
apt to be followed by aberrations still
wider and wider ; how much greater
is the danger, that, untier the fatal
influence of governments wielding
the whole physical force of commu
nities, a small departure From prin
ciple will be made the basis on which
still greater departures will be justi
fied and practised. Let it further be
recollected that manners, once con
taminated, are often irretrievable.
The history of the world, and parti
cularly the mournful records of the
French revolution, prove the inve
teracy of habits practised for ages.
Never did mankind behold a brighter
era than shone at the commence
ment of that revolution. Liberty
descended in the shape of an Angel.
But a few Meeting years are past,
and the nation Las elansed into a sla
very, more gilded perhaps, bi't cer
tainly not less abject thart that of the
darkest ages.
Let my country take warning from
these instructive lessons. Let her
learn that as the first step from virtue
is ruin to female fame, so one false
principle, adopted by a nation rami
fied into all the evils which time uni
formly developes, may subvert the
fairest fabric Of of human wisdom.
On this subject, fortunately for
us, the opinions of the enlightened
and liberal of all nations, coincide in
the leading principles which ought
to determine the conduct of the legis
lator. A few plain axioms easy of
apprehension, have been Universally
received. These are 1. That the
prevention of crimes is the sole end
of government ; 2. That every pu
nishment, - which is noi absolutely
necessary for that nirpose, is a cruel
and tyrannical act ; arid 3. That
;very penalty should be apportioned
to the offence.
From these leading principles, the
ioi sowing
inferences have been
1 . That the punishmedt of
awn ;
crimes should be prompt and cer
tain -2. That pardons should be
rarely, if ever, interposed. . 3. That,
in order to insure a certainty of pu
nishment and to avoid the necessity
of pardons, punishments should ra
ther be too light than too severe.
Facts have shewn that under a code
of laws, founded on those principles;
crimes have been few ; while under
a sanguinary system, they have in
variably become more numerous and
attrocious. The English code is
the most Sanguinary of Europe, and
in that kingdom by far more crimes
are perpetrated than in any equal
population in the world.
" Let us examine," says Mr.
Bradford of Pennsylvania, in a very
valuable tract written some years
since, " the situation of England,
where5 an opposite principle is adop
ted, and where the terror of dearh is
On all occasions resorted to as the su
rest means of preventing crimes.
" Blackstone in his commentaries
stated the number of crimes (that is,
of felonies ousted of clergy) at 1 60.
Since that time they seem to havt
increased ; for, in i784, Capel Loft
enumerates and states them as fol
lows :
Felonies without clergy
Felonies Within clergy
179
65
J ebb on Pris.
.Amidst this multitude of san
guinary laws, atrocious crimes are
very frequent ; and the severity of
the punishment by being familiar, is
no longer an objeet of terror, and by
exciting hopes of impunity, has be
come the parent of crimes. " I can
not tell," says Dir. Goldsmith," " whe
ther it is from the number of Our pe
nal laws or the licentiousness of oitr
people, that this country should show
more convicts ma year than' half the
dominions of Europe united." Wen
derborn an intelligent German, wbo
lately visited England, assures us,
that the punish ment of death is more
frequently inflicted in England, than
in all Europe in the sarr s$ace of
time. Hence it is that executions
lose all the terrors which attend them
in other countries. I. vol. p. 75.
The author of Thoughts on Execu
tive Jujticej thus describes the situ
ation of England in 178 5 :"No civili
zed nation that I know of, has to la
ment, as we have, th daily com
mission of the most dangerous r.-id
htrocious crimes ; insomuch that we
cannot travel the roads, or sleep in
our houses, or turn our cattle into
the fields, without the most imminent
dansrer of thieves 'and robbers.
These are increased in such num
bers, as well as audaciousness, that
the day is now little less dangerous
than the night." P. 4; One of the
English prints, 9th November, 1784,
says, " If Robbers continue to in
crease as they have done for some
time past, the number of those who
rob, will exceed that of the robbed."
" These representations are con
firmed by the declarations of the so
licitor general and Mr. Townsend,
in the House of Commons in the
same year. They affirm, that in the
course of the winter, every day fur
nished some fresh account of daring
robberies, or burglaries being com
mitted ; that few persons could walk
the streets ttt night, without fear,
or li e down with safety in their beds ;
for that ' gangs of six, eight, ten or
iwelyfc persons together made it a
practice to knock at doors, and im
mediately to rush in and rob the
house." 18 Pari. Reg. p. &2. 51.
Compare this with ti. situation of
Copenhagen, where nig he robbers
are never heard of.
" lhe number of persons execu
ted in England, may be seen in the
tables already referred to. In the
Lent Circuit only, no less than , two
hundred and eighty-six persons were
capitally convicted in 1786, and the
annual amount of those transported
is from nine hundred and sixty to a
thousand.
" It is needles to make observa
tions on these striking fact9, which
prove conclusively, that the severity
of the laws, instead of preventing, is
frequently the cause of crimes. The
humanity of mankind revolts at a
strict execution of them ; and the
hopes of impunity become a source
of temptation. To this, Mr. How
aid, arriong others, traces the mis
chief : " and yet," he adds, " many
are brought by it to an untimely end,
who might have been made useful to
the state." Laz. 221. No one will
deny the justice of this last observa
tion, when they learn from the
mouth of the solicitor general of
England, " That of those who are
executed, eighteen out of twenty do
not exceed twenty years of age."
18 Pari. Reg. 22.
" It is difficult to conceive how a
free, humane, and generous people
should have so long endured this
weak arid barbarous policy ; or why
America should be fond of retaining
any part of a systeril,as ineffectual as
it is severe !"
Compare the codes of other na
tions with that of England.
In China, whose population ex
ceeds one hundred millions, the only
crimes punished with death are mur
der and treason, and we are infor
med that only ten persons are exe
cuted in a year.
In 1768, in Russia the punishment
of death, except for treason, was a
bolished, and travellers in that coun
try concur in the declaration that the
people are as secure in their persons
and property, as they were under
the bloody code that formerly pre
vailed. Speaking of the. effect of the re
formed code of Tuscany, General
Lee says :
" When the present grand duke
ascended to the ducal throne, he
found in Tuscany the most abandon
ed people of all Ita'y, filled with
robbers and assassins. Every where
for a series of years previous to the
government of this excellent prince,
were seen gallows, wheels, and tor
tures of every kind ; and the robbe
ries and Tftufders were not at all less
frequent.,. He had read and admired
the marquis of Beccaria, and deter
mined to try the effect Of his' plan.
He put a stop to all capital punish
ments, even for the greatest crimes ;
and the consequences have con-
Jvinced the world of its wholesome
ness. The galleys and slavery for a
certain term of years, or for life, in
proportion to the crime, have accom
plished, what an army of hangmen,
with their hooks, wheels, and gib
oets, t could not. In short, Tuscany,
Tom -being -a theatre of the greatest
:rimes and villainies of every species
's become the safest and best ordered
state of Europe."
In Sweden, it appears from Mr
Chateau, that a great reform in the
enal code h?.s been attended with
he happiest effects.
In Denmark, the code is so mild
hat the punishment of death is rare
ly inflicted ; , and yet Mr. Howard
informs us that " night robberies
ire never heard of in Copenhagen."
In the dominions f the Emperor
of Germany, without any permanent
change of the penal code, an imperial
requisition to the judges " to be mild
in their sentences, and never to m
flict capital punishments without ne
cessity," . has been followed by the
best effects.
" The punishment of hard labor,"
says Mr. Bradford, " which is the
correction inflicted (and inflicted
with the greatest mildness) upon all
crimes in Holland, except those of a
very high degree, is attended with
the most beneficial effects These
result principally from the excellent
management which prevails in the
Rasp 8c Spin Houses. Mr. Howard
paid particular attention to these
wise and benevolent institutions, and
he informs us, that many have been
reformed, and have come out of the
Rasp Houses sober and honest ; and
that some have even chosen to con
tinue to work m them, after their
discharge. The great object atten
ded to in these bettering-houses (as
they are very prcperiy called) is to
reclaim and reform the criminal ;
and the consequence is, that by
checking the young offender in his
first attempts, gross crimes are pre
vented. Accordingly we find, that
executions are very rare, the annual
average in all the5 United Provinces,
being from four to six.
" In Amsterdam, which contains
above 250,000 people, there were
but six persons executed in the twelve
years preceding 1787. I find that
thqre were in the same time no less
than five hundred and seventy-two
persons -hanged or burnt in London
and Middlesex : and of these at least
three fourths were under twenty
years of age. Even the smaller of
fences do not greatly abound in Hol
land; and the success of these mild
institutions confirms the great prin
ciple which isthe motto oft his work I"
After weighmg the force of these
facts no correct or humane, mind
will hesitate to subscribe to the fol
lowing remarks of the same writer.
" One would think, that, in a na
tion jealous of its liberty, these im
portant truths would never be over
looked; and that the infliction . of
death, the highest act of power that
man exercises over mart, would sel
dom be prescribed, where its neces
sity was doubtful. But on no sub
ject has government, in different
parts' of the world, discovered more
indolence and inattention, than in the
construction or reform of the penal
code. Legislators feel themselves
elevated above the commission' of
crimes t ch th'e, laws prescribe :
and they have too little personal in
terest in a system of punishments,
to be critically exact in restraining
its severity. The degraded classic of
men, who are the victims of the laws,
are thrown at a distance which ob
scures their sufferings, and blunts
the sensibility of the legislator.
Hence sanguinary punishments, con
trived in despotic andbarbarous ages
have been continued, when The pro
gress of freedom, science,' and mor
als, renders them unnecessary and
mischievous : and laws, the offspring
of a corrupted monarchy, are foster
ed in the bosom of a youthful Re
public. M :But it is pleasing to perceive,
that of late, this indolence has not
been able to resist the energies of
truth. I he voice Of reason and hti
irianity has not been raised in vain.
It has already " forced its way to
the thrones cf princes s" and the
impression it has made oil- the go
vernments of Europe is visible io t)ie
progreesive amelioration of their
criminal codes. A ypirit of refcrhi
has gone forth the empire bfprejUr
dice aDd inhumanity is Vilentlv
crumbling to pieces arid4 the pro
gress of )iberty? by unfettering the
human mind, will hasten its de struc
tion." ... ' :
MOtwit hstanding the force bf thes
eloquent remarks, and the acknow
ledged truths they enforce, it is still
a reproach to piany of the states that
compose 6Ur union, that they )aavc
from the indolence so. constantly ; afc
tendant on the- discharge of public
and private duty, failed to embrate
the most auspicious period for the a
melioration of their criminal codes.
Without indulging: an Kunavailing tc
gret at tne passage ot opportunities
unimproved, it 'becomes the dutvof
the patriotic citizen in the best Vea?
son which can ever now occur, to
1 draw the public attention to measures
viivi icasou no less man experi
ence enforce. . . j (
On this reform the morals of
Ollr Citizens- nnH thf mw'itrr -f nur)
7 UlU V VJ VI .
national charactergreatly depend; In
terest, humanity, and national glory
unite in recommending it. Shall it
bo said that - Emperors and Kings
are more enlightened, liberal and hu
mane than republics I Shall it be
said, that among a people where the
life of a man is the mast valuable, the
laws are the least solicitous to pro
tect it ? Whilst the bid world, amidst
all its corruptions, is shakine off the
chains of prejudice, shall a rising;
empire, in the vigour of yirtuej fas
ten them on her citizens with Strong;
rivets ? Shall it be the reproach of
while slaves are held by cords of sillc
their citizens require fetters of iron ?
JSJo : 1 here is an elevation of soul
in my countrymen, tnatr once awa
kened", will disdain an acquiescence
in the degraded state f which their1
criminal code has reduced them. At
the call of their eminent men, whose
virtues- and talents have deservedly r
wop them the confidence of their fel
low , .fcit-zens, they will follovr the
bright example so illustriously set by "
several of their sister state and ma
ny of the powers of Europe.
JOHNSON & FLEMING
: Have just received, i
Best West-India Rurn Molasses
Holland Gin, Loaf & Brown Sugar
Cognac Brandy, Coff -e,
Imperial and Yriiino Hca t
i . " o x v,aj
Sherry Wine,,
With an additional Supply of
DRY GOODS,
Which completes then: Assortment. They
hope, by keeping up. a general stock of Ar
ticles calculated to suit the market,' and dis
posing of them on the mst nioderai-s terms,
to deserve the encouragement of their friend
iVarrenton, Aug. 2.
FOL SALE,
. InibeTownofTaroorditgb,
TWO WELL-IMPROVEI) LOTS
On the Main Street.
- On one is a complete. Set of Stores and
Warehouses. The other has a neatD wel
ling House and other Accommodations for a
small family. The Buildings are all nevr
and of the best of Yellow Pine. The Stores
are at present occupied by Mr. Marsh. : His
Year expires on the first of November at;,
which Time Possession will be given ; the
other on the 1st of January. Terms will be
made known by Mr. James Southerland, of
that place, or the Subscriber in this City
- . . . JOHN lKGLES;
Raleigh, Sept. 1, 1804.
Thirty Dollars Reward. '
T) AN AWAY from the Subscriber,'
on the 26th July last, a Negro Man'
Slave named Abram, about 5 Feet 10 or 11
Inches high, twenty-nia . Years of age,
black, of -a trim-make, with' long Arms and
Hands, which, wheh$t walks, hang straighv
down by his Sides; he is a little rouui
shouldered; he is a vertf !ikrv r..r -,,, J
Fellow, can work tit the Gootfer's trade. H
" a.r on ms ngnt Knee, occasioned bj
the Cut of an Axe,; and another on hts left
Buttock, occasioned by a Burn when a
Child. 1 expect he will attach birfiself t
some Villain and endeavour to txiss for a fre;
Mac. If he should leave this County,' I ex
pect he will change his Nime and deny hia
Master, if : tzktri at a stance- from home
Since he left rrie, h hath been apprehended
and broke Custody. I would therefore ra
commend that if b toi&&ig&ppr$itti&&j.
he should be secured in such ai Man ner a ttt
prevent his having dnj O'tifat0i es
caping, as this will be his iirst Stody, - '
I will give the above Rearftany
son who -delivers him to jine . in". CasWelS "
County, N. Carolina, or ane-haf,3ecW
ed" in Goil so that I get him, and aU reasoa.
able Charges paid. ALEXMURPHaY,
". Awgnat 2Stb, 1804; ; -