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! which have been produced to individuals
pnd to society from a change in the man
ner of punishment. To the mind posses-
I fed of benevolence, the many great and
■ £ important improvements which it paved
F i the way for, the highest gratification must
ls. be afforded. We may, perhaps, ascribe
w the change to the enlightened and philan
thropic Rtifli, who is no less conspicuous-
B§ 1y eminent in the Cause of humanity, than
Jie is in the art of Efculapius. Bv a law
prfled in 1786, the following Were declar
ed to be only captial crimes, viz. murder,
rape, arson, and treason. All corporal
punishments for smaller offences were a
boliflied, as experience had fufficiently ev
i jnccd, that, with him who had once been
disgraced bv the difeiplineof the cat, or
any such infamous punishment, no strong
hopes could be rationally entertained of a
J reformation. The humane mult be grati
fied by the wholelome effefts which this
|| aft produced. Tlie number of criminals
lg. were so far from being multiplied, thatthey
greatly decreased, (as has been already
shewn) and many who agreeably to the
! laws of other countries would have been
annihilated as undeserving of exigence a
p ir.ong mankind, have been reclaimed from
! * tiie paths of vice, and made ufefnl mem
bers of the social body. A second amend
ment took place in the penal code. The
preamble to the aft declares that the inten
tion of punishment is to prevent the com
miflion of crimes, and to repair the injury
that hath been done to society or the indi
vidual : And that it has been found by ex
perience that those objefts are better ob
tained by moderate and certain penalties,
than by severe and excessive punishments;
and that as it is the duty of every govern
ment to endeavor to reform rather than
exterminate offenders, the punishment of
death ought never to be inflifted where it
is not al/olutely ncce/fary ; therefore, that
punishment is abolished in all cases except
for murder of the firft degree. For all oth
er crimes, hard labor and confinement are
the means used to reform criminals. Those
who are rrfraftorv arepunifhed by feclud
iug them from society, in cells, elevated
above the ground and not having a ground
floor ; but without loading them with
irons.
Os the inexpediency, inhumanity, and
injustice effanguinary punifiiments, en
ough has been laid to produce conviftion
in the mind of every unprejudiced and
philanthropic being.—But though I have
combatted the method of punishing adop
ted bv mofl nations as inconsistent with
the principle#diftated by reason and utili
ty, I do not wish i: to be underftpod that
I deem severe punifiiments entirely useless
Laws would be unnecelfary, if there were
110 penalties annexed to their infraftion. —
If is the certainty and duration of the pun
ishment, together withthe speedy infliftion
of it, and due proportion to tiie crime
which will prove nioft advantageous in
the prevention of offences, and in the re
* formation of culprits.
Having endeavored to prove from indu
bitable and numerous fafts that the fre
quent life of capital punifhment.} never
ruended the morals of a people, 1 will pro
ccedto rnaWe fume observations on the
punishment of death. I have already re
marked that in the United States, hanging
F. the punishment molt frequently inflifted
fir crimes of a high degree. This, with
out making men better has only added to
the useless profufion of punifiiments : and
I would ask whether the deprivation of
life be ever just or ufcful in a well-govern
• d date ? The immortal author of the
“ Spirit of Laws*’ observes, that every
punish rent which does not originate from
absolute needliry, is tyrannical. In a state
of peace and tranquility, under a fyftetn of
government established by the united voi
ces of a whole people; in a situation well
f.u-titied against external enemies, and
guarded w ithin by itsown internal strength,
; no virtuous fentimeuts fixed deeply in the
m uds of the people, there can be no ne
c 'lityfor depriving a citizm of his life
It is not the excels of feveritv, nor the de
flftiftion of the human species, that has a
powerful efieft on the hearts of the people;
but the continued duration of the punilh
rm’rtl. Ihe fear of cleath is an innate prin
ciple of our nature, implanted in us for
tiie wife ft purposes. But though the ter
ror ot u excited by the imagination may
b; more strong, it has not vigour enough
tocfppofc that oblivion which is so natural
to mtlhkind. Rapid and violent impref
fmns made on the mind may for a while
diflurb and give pain, but they do not ope
rate long upon the memory. Is it autho
rifed by any right to take awav the life of
a Mhnv-cream re ? This is a gift of a moll
l -acred nature; and ought not to be violat
rd. Civil regulations have allowed thii
I but the eternal and immutable law:
of tuftice forbid it,
r b She advocates for cruel punishment
it bis been laid that religiosyuft fies them
1 ibg'on—-in other word,-, p-rfeft reason
b n w hft thy name been proftitmrd ! Yes
ihey have endeavored to add support t.
V dof* rtne bv quotations from ho!'
* > t«d Utcy present us with the Jewifl
; code of laws as not only permitted, but
. preferred by the Supreme Being himfeif.
. The government of the Jews was. a theo-
I cracv, the crime of murder was not only
1 an offence against fcciety, but a fin against
[ God ; —their circumstances as a nation
singular and unexampled and their fyftero
’ of jurisprudence suited to their peculiar
. ft.ite. It will however scarcely be fuppof
! ed that the Jewifli penal code is to be bind
ing on us. If so, why not adopt it in to
tol Why rejeft some parts ? If these laws
are in the lead: obligatory onus, they must
be fully so. Os course the lex lalionis
would remain in full force, and we ftiould
require “ an eye for an eye, a tooth for a
tooth;” and we should punish theft by
quadruple reftitntion. This would he un
just, and truly ridiculous. The sanguina
ry laws of the Jews have been said to be a
president and juftification of ours. The
principles of them depended on circum
stances which were particular to that peo
ple, and entirely temporary ; and as our
circumstances arc by no means similar, the
argument is inconclusive.
With bigots and persons whose minds
have not been diverted of the feeds of pre
judice, the arguments which may be drawn
from the bible may have a more powerful
effeft than all (he induftions that can be
made from reason, humanity, and aftual
experience. To those I would fay, that
there is scarce an opinion however absurd
or irreligious, that may not be supported
by solitary texts of feripture : and Cicero
fays, “ there is no absurdity which some
philosopher or other hath not asserted ; so
it may be said, there is no truth so glaring,
that some have not denied it.” To col
left the sense of the bible on any fubjeft
we ought to be regulated by its general
spirit and tenor. It is by the true spirit
of chriftianity that we should be governed
where- the letter fails; and with this the
infliftion of capital punifiiments is utter
ly incompatible. It every where encou
rages meekness, mercy and forbearance.
From the new testament also pretended
proofs have been adduced for thejuftifica
tion of inflicting death for crimes. The
words of St. Paul to Feftus concerning the
punishment of death where he fays, “for
if I be an offender, and have committed
any thing worthy of death, I refufe not to
die;” and that of the dying thief on the
cross, “ we indeed fuffer justly; for we
receive the due rewards of our deeds,” do
not tend to prove that it was fanftioned
by the gospel, but only that it was con
formable to the Roman law. The fre
quent instances of inspired men fubmit
ung to the . bloody laws of the Romans,
and eujoimrtgfubmillion uj>«-nr» rft?*? Ofttl"
pies, by no means work conviftion in my
mind that such laws were approved of by
the Divine Spirit of God.
For a long time under the government
of the Romans, human life was held in
little estimation ; and of this we have a
fufficient proof in the story of John the
Baptist’s head forming a part of the royal
entertainment. Public executions were
so common among this people, that the
sword become an emblem of justice ; but
to imagine from this appeal to a symbol of
justice, that capital punifiiments are sanc
tioned by the new testament, is as redicu
lous as to suppose that horse raceing was a
I chriftian exercise, from the frequent allu
sions made by St. Paul to the Olympic
, games.
The remarks which I have made, and
F the arguments which have now been brot’
forward, in my opinion, appear fully fuf
ficient to dispel all doubts refpefting the
impropriety of fangtftnary punifiiments;
and more particularly of the infliftion of
. death. Those which reason furnifhes us
r vvith remain on an immoveable foundation.
I have shewn that they have not, in any
I age or country promoted the increase of
morality, or diminiflied the number of
crimes; But, on the contrary, we find from
. uninterrupted experience, (the most faith
ful monitor) that the demon of vice and
immorality has no where raged with great
er fury than in those countries where the
1 bloody scourge has been frequently han
. died, and gibbers have groaned with daily
. viftims. The idea of erefting a system of
. morality upon the gallows is truly absurd;
r for it implies that fear is the only princi
. pie of aftion in the human mind. This
indeed appears to have been the fpecific of
, all legislators from Draco to the present
} day, and they have but very seldom ap
•_ pealed to the natural ideas of justice. a
e much more general and more powerful
. lupport of virtue.
Though the question has long ago been
if decided by experience ; humanity pleads
ft forcibly against the infliftion of death ;
> and nature cries aloud that it is unjufl.—
is Besides, the principles of expediency for
,s bid it, and fafts prove that it fruftraus the
very end of its infiitution. The preced
ts ing observations I submit to the confidera
-1 tion ot a candidpublic, but more pariicu
. Lrly to th it part of it which will form our
next legislative bodv. It will ghe me an
o jnward degree of utisfaftion if they fnould
| v lay the foundation cf an alteration in our
(h penal code. This has become -hfolutely
j neceflaiT, and it would (till further prove
the progress of humanity in an enlighten
ed age, and one already dignified by the
number of humane institutions, It would
be an additional triumph of truth over er
ror, and of reason over absurd, but efta
blifiied prejudices. The nature of truth
is unchangeable; it is envariably the fame;
but it may be obscured or hid by a variety
of causes. Error has an immensity of
space, but truth is like a mathematical
point in the prodigious void; and happy
is it for that society which can make a dis
covery of it.
In the revolution which fevered the U
nited States from the British government;
which laid the foundation of our present
state of happiness and security; and gave
us a diftinguiflied flation among the na
tions of the earth, the state of Georgia bore
an active part: She afforded an early and
manly resistance to the foes of her country.
And after the formation of the federal con
stitution she was with the firft to give her
aflent to it, which was done without a dis
senting voice. I now fondly trust she will
not be the lajl to evince her readiness in
the abolition of a practice which benevo
lence, justice, and utility condemn.' Al
ready has she promoted the interests of hu
manity in an eminent degree by annulling
the ftavetrade; which had long—tot long,
been continued to the great disgrace of hu
man nature, and in direCt violation of the
mofl sacred rights. This renders me more
sanguine than ever in my expectations,
that the present bloody hue of the crimi
nal code will be changed ; and that a wife
and human spirit will be introduced into
her systems of criminal jurisprudence.
Let there be a victory of reason and reli
gion over cruelty and folly ; let her coun
cils be imprefled with this truth—that
“ punishments should be made ufeful
and let this be the motto of her next penal
code:
Punit eet corrigere, fed vitam remittere.
JUVENIS.
Waynsborough, Sept. 28, 1799.
MeJJrs. Randolph & Bunce,
THERE is in some persons an un
fortunate propensity to find fault with eve
ry thing that is not produced by them*
selves, and to censure is more gratifying to
some minds than to applaud. In works
of genius, in literary productions, and in
exertions of mechanical ikill, nothing is
so brilliant, lo elegant, or well performed,
as to receive the unequivocal and unquali
fied approbation of all men. Where a
majority of society are disposed to do jus
tice to merit, where the general voice of
COftlftlUnllJ i’j «pp/ uUIUiJ , /iwill'ftlirc ul/-
fcure corner starts up a diffatisfied and
conceited mortal, who endeavors to ob
trude his opinions on the public as the cri
terion of accuracy and just tafle, and who
overlooking beauties which have attracted
other eyes, seeks to discover blemishes be
fore unobserved and to point out faults
before unnoticed. Common experience
witnesses the truth of this obfeivation—in
almost any company where the production
of a fellow-citizens is the fubjeCt of com
mendation, some one is almost sure to
diflent from the general voice—to exercise
his talents in discovering defeats, and with
wonderful lelf importance to observe, that
“ it would have been better had this been
omitted, or had something here been add
ed.” Where in scrutinizing the works of
men of what kind soever they are, the de
sire is to iuggeft ufeful improvements, and
to aid human advances towards perfection,
the objeCt is certainly commendable ; but
when, as is too often the case, the objeft
in censuring, is merely the gratification of
an evil disposition, I would prefer being
the fubjeCt of condemnation, to that of be
ing the person condemning.
These observations were suggested on
reading a piece in your last signed a Lay
man, which to me appears to be an effu
fion of all the ill will, little of the genius,
and none of the candour, necessary to con
stitute a critic. In that piece the author
evidently alluded to a sermon preached in
church the Sunday preceding his publica
tion—to those who did not hear that dis
course his obiervations must be unintelli
gible, and to those who did, they must ap
pear unjust. I listened attentively to the
expressions which appears to have displeas
ed the Layman, and was far from consi
dering “ thfe cause of religion abandoned
by erroneous and pompous panegyric,” or
that the character given to a young man
cut off in the bloom of life, was any other
than such as he fully merited. The fer
-1 mon it must be observed was a funeral one,
1 preached as the request of a number of
; persons who felt, and lamented the loss of
• a worthy member of society and a valua
• ble friend; and in such a discourse, it
: would have been Angular indeed and just
■ !y reprehensible, if no notice had been tak
■ en of the character of the deceased. or if
• the general obiervations of the fubjeCt had
not been applied to the particular case
which produced them—and still mor e An
gular and extraordinary would it have
been, had the industry of the preacher been
cxcrciSed in seeking after and representing ,
the faults and failings of the decejfed, rj
ther than his amiable qualities. The lor'
mer indeed might be more agreeable
those of the Laymans difpofttion, but Ib»
lieve would not have been so pieafing
the preacher to notice or the audience to
hear: But even had this arrangement been
pursued, there are few cases perhaps i„
which human nature would have been
disgraced. To fay that Mr. Rair.fav was
perfect, would be to place him above hi-,
man nature, but ’tis a truth that there are
not many characters, in which fewer vj.
ces are united, with so many virtues as he
poflefied —he was a modefi, benevolent
upright—and an honest man.
The insinuation of “parochialdignity’s
being railed in rebellion against the feel,
ings of evety American, and against the
government,” appears to me too hidden a
departure from truth, in a man who ac
knowledges the operation of silent correc.
tives on the human heart. lam an Ame
rican citizen, and I believe as warmly at
tached to the government, and as ready to
notice any observations against it, as "any
other individual. But a regard for truth
and justice induce me to fay that neither
in the discourse alluded to by the Layman
nor in any other delivered by the fame per
son that I have had the good fortune to
hear, was an observation ever made against
the American government, or an insinua
tion in the remotest degree difrefpeftful
to it, or toward those intrufted with iti
administration.
Far be if from me to attempt topreferibe
rules for pulpit lectures, or enumerate
“ the different affirmative qualities uecelT
ary so constitute a good .clergyman” but
for a good writer whose sentiments are u
sually deemed the result of deliberation, I
would recommend, that he always have
some commendable objed in view—that
his publications evince his poffeffitig the
benevolence he recommends, and that in
noevent whatever he depart from the truth.
ZENO.
ROCHEFORT, July 4.
The five Spanish ships here are block
aded in by ten English vessels. Their
crews are in high spirits, but the foldicrs,
who do not appear to have had much ex
perience, though certainly commanded by
an officer of merit, have dwindled about
two thousand, in consequence of disease
and drafts to complete the fiiip’s crews.
July 6.
The English made an attack upon the
Isle of Aix four days ago. A brisk can
nonade took place between the forts, a
bomb ketch, and the Rovol Charles, of
x i 2 fjunsj-oii uiic flue, and rftVccn Engnfh,
vessels on the other, of which two were
bomb ketches, and fix ships of the line.—
Four hundred guns were fired by the com
batants on both sides. From the cloffing
and other manoeuvres of the English ves
sels, a general attack was expedted in the
night, but they flood for the Offing atjday
break.—Yesterday two frigates hove in
fight, and dropped anchor in the passage of
Antioche, north-weft of the Isle of Aix,
and South weft of St. Mary’s church, in
the Isle of Rhc.
NEW-YORK, September 19.
[The following communication was left at
the Albany coffee house yesterday, for
insertion in the Mercantile Advertifer.J
Port de Paix, St. Domingo, Sept. ’99.
“ On the morning of the 19 th ultimo, Touf
faint set out for Jean Rebel with 30 or forty
horsemen ; to review his army, which is com•
posed chiefly of cultivators. He was seen to go
to that place by some of the brigands, who in
tercepted his return, and laid in ambujk to flop
his retreat to Port-de-Paix : but they found
their mi flake, as the general at the head of his
/mail company cut his way through them , with
the loss of his surgeon and trumpeter, who were
killed, and J'everal wounded. Nothing hap
pened until the 24 th, when he was reinforced
by his nephew gen. Moyes , with his brigade ,
from Port-au-Prince, on the march to affifl
Mure pas, who commanded on that expedition.
On the 28 th, thefortrefs of Jean Rabel sur
rendered, and he put every one to the/word, ex
cept the commandant, who took to f ight, some
fay to the Mole, and ethers to the mountain:
but 1 hope he will meet his dejerts. The Mole
was not taken on the 3 1 st. They have plun
dered there all the white inhabitants of their
goods and cajh, and have put all the Americans
in close confinement, after taking their vessels
and cargoes from them.
September 21.
The frigate Adams, commanded by R. V*
Morris, Esq. got under weigh from the north
river yesterday morning , and dropt down as far
as the watering place. On sassing Governor’s
ljiand,Jhe hove to and fired a federal faluie ,
•which was anfwercd from the Fort. ITe un
derfland jhe is immediately to repair to her in
tendedftation.
lfaac Williams, who commanded a French
privateer from Guadaloupe , came pafjtngcr in
the fchooser Chloe,from Turk's lfland, arrived
at A ew-London. He had hardly touched his
native shore, before he was cure fled. After a
few interrogatories by the civil authority , he
1 was sent to pr son. It is supposed he will bt