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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