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fP JJW'
THE FEDERAL MIDI.
VOLUME 2—NO. 23.
MILLLEDSEVILE, GA. THURSDAY, DECEMBER 15,
1831.
WHOLE NUMBER 55,
EDITED BY
J. O. POLHILL & J. A. CUTIIBERT.
Tim UNION Is published every Thursday at THREE DOLLARS
p°r anii’im, in advance, or FOUR, if not paid before the end rf the
year. The Office is on Wayne Street, opposite McCombs’ Tavern.
AH ADVERTISEMENTS published at the usual rates.
N. H. Each Citation by the Clerks of the Courts of Ordinary that
application has been made for Letters of Administration, must be
published THIRTY DAYS at least.
Notice hv "Executors and Administrators for Debtors and Credi
tors to render in their accounts, must he published -SIX WEEKS.
Sales of Notrroes bv Executors and Administrators must 1 e ad
vertised SIXTY DAYS before the day of sale.
Sales of persona! property (except ncernes) of testate and rntes-
tate estates bv Executors and Administrators, must be advcitised
FORTY DAYS.
Applications by Executors, Administrators and Guardians to the
Court of Ordinary for leave to sell Land, must be published FOUR
MONTHS.
Applications by Executors and Administrators for Letters Dismis-
SOry, must be published SIX MONTHS.
Applications for Foreclosure of Alorteaseson real estate must be
advertised once a month for SIX MONTHS.
Sales of real estate by Executors, Administrators and Guardians,
mast be published SIXTY DAYS before the day of sale. These
sales must be made at the court-house door between the hours of to
in the morning and 4 in the afternoon. No sale from day to day is
“Valid, unless so expressed in the advertisement.
Orders of Court of Ordinsur?'(accompanied with a copy of the
bond, or agreement) to make titles to land, must be advertised
TH REE >I< )NTHS at" least.
Sheriff's Sales under executions regularly pmn'ed by the courts,
must be advertised THIRTY DAYS—under morfjaee executions,
JSIXTY DAYS—Sales of perishable property under order of ( .nut,
must be advertised, generally, TEN DAY'S before the day ol s:ue.
AH orders for Advertisements will be punctually attended to.
*.* All letters directed to this Office, or the Editors must be post-
ftaid, to entitle them to attention.
J OHN R. WOOTAN respectfully tenders hansel.
to the citizens of Baldwin county as a candidate for
the Clerkship of the Superior Court at the ensum^elec
tion in January next. An? 4
& are authn' L'.cil to announce Mr. LEW IS J. W •
K It A AT Z a candidate ibr Clerk of the Inferior
of Baldwin cottnrv. Aug 4
w
WATCHES, JEWELRY,
8i.c. &c.
L. PEHHI2JSM0LD STAM*3>.
•VACO® FOGLE
gl ESPECTk riLLY - informs
J£%/ liis customers and the pub
lic generally, that he has just re-
•eived a fresh supply of GOODi-
.n his line of business, which adtl-
/ffiel V* 1 , -d to -h‘ s former stock, makes his
-S-. 1 sortment as complete as any cv-
ever offered for sale in this place.
Among the articles received are the foil (/icing :
Ladies and Gentlemen's Gold .Patent Lever WA'i GlI-
ES; silver patent levers and plain Watches; ladies and
gentlemen’s gold Watch Chains, Seals and Keys; gold,
piated, gilt and silk guard Chains; Cable Chains; Ear
Bings; Finc-er Bings; Breast Pins and bosom Buttons;
Beedan ! Silk Purses; Becd Bags; Purse Clasps; La
dies Buckles and Clasps; Carved and plain Tucking and
Side Combs; Musical Boxes, Harmonicas, Flutes, and
Preceptors; Silver Soup Ladles; Table, tea, desert,
cream, mustard and salt Spoons; Sugar Tongs, Butter
Knives, Pencil Cases, and Spectacles; Gold and Silver
Pens, Gold and Silver Leaf Plated Castors, Fruit Bosk-
■t.s, Candles 1 inks, Snuffers and Trays ; Steel Snuffers,
Brass Candlesticks and Curtain Pins, Wine Waiters a?id
Tea Trays, Pen and Pocket K nives; Scissors, Thimbles
ana Needles; Razor Si raps, Shaving Boxes, Brushes and
Soap; Tool li and Hair Brushes; Chess Men, Belt and
Pocket Pi.st.oisj Percuss in Caps and Powder Flasks; a
great variety of Walking Canes, Pocket Books and j
Snuff Boxes, and such other fancy articles as are usually
kept at such places. .Also,
A OBN13F AT ASSORTMENT OF
miiaItaive:
Special af.cnti »n paid to ■* A.TOH KEJL'AIL ING.
Miiledgevilie, October 20, 1S31. k5—t.f
are authorized to announce Mr. RANSOM
¥ v II. SMITH a candidate. toF'CigrJk of the Inferi
or Court of Baldwin comity, ax tlie next erection. Aug 4
CUTIIBERT & POLHILL
LIAM D. SCOGG1N, Rsq. as a candidate lor , , ...
Sheriff of Baldwin county', at tlie next electionforcouu- B-S " opened their L, OlrFiCh actneCcm
t v officer.■ N.'vG BL-fiL missumer’s Hall in the market-house, Miiledgc-
I y~ 1 7 — j viii.’, Georgia. One of them is always to be found there
1 WT’c' arc anthoi'ised toaimoimce BA R R A DULL P. | ready to attend to professional calls.
| V f STUBBS, Esq. as a candidate for Tax Coffee- Tiiey wiil practice in the following Counties and Cir-
' , t.c- ol B ildwin county, at lire next election. June 23. I ccits;
ii are authorized to announce J A Vi EE Ci/AR |
_ . Esq. as a candidate f>r Tax Collector of Bald
win county, at the election in January next.
August 25 7
W E are authorized to announce W. C. POWELL, j
Esq. a can aid ate for Receiver . f Tax Returns i
in li ildwin, at (lie election in January next. Jniy sa .
%WALTIBI ft. JENKINS, Esq. is a can
V v tor Receiver of Tax Returns for Baldwin
tv in January next.
Ocmuliee Circuit
f BALDWIN,
, JONES,
dida>e
conn
Sept 15
S JRQ123LY OS’ TH3 TS3T12.
MR. WALLACE,
Surgeon Dentist from .V. York,
■ffJH'-AS taKs-n a ROOM at the Lafiyetic Hail, (for ;
ETl short time,) and respectfully offers his Profession
al services to the citizens of Mil ledge v'i He and vicinity.
Mr. W. performs all necessary operations bn the Teeth
and inserts the different kinds ot Artificial Teeth as iht
va'ural, animal, and porcelain or "’Incorruptible Iteli■ ,
from the single tool!) to entire sets.
MilledrevlUe, Oct. 20. 1
j PUTNAM,
^ - ILKINSON.
( BIBB,
Hint Circuit \ MONROE,
( llLNRV.
Chafahoochie Circuit TAT CUT.
c i; ro i T’-ViG'iS,
Southern Circun > TELFAIR, kc. '
JMin J'e Circuit.... V. A- lllNGTON.
Milled?' ’-'.'e, ■ -23, IS3I
W ALTO'
T
NOTICK.
ME Trustees of Zebu Ion Academy.wish to employ
fo r t,he next year a trent Ionian to take charge of ( ha
institution. To one who- can come well .recommenu
fir his classical attainments, and strict, moral character
it liUr.-al snlati will 1>« given. • Letters addressed to tin
Trustees ci ZjUiIou Academy will be promptly attend
ed to. A. W. PRIOR, fe'cc’ry.
* Nov 10 iS ~~ { &
"teachers’ convention.
"WOiTS the undersigned, sensible of the importance <<:
Vf ;l Teachers Society, which shall more fully pro
mote the tdvancement of the cause ot Ldilcution, do, a
the request, and by the consent of many rcspectabi
Teachers and many enlightened members ot the commu
nity, in almost, every section of the State, respectfully i. -
vite all Teachers, both male and female t-> convene at the
Court-1 louse in Milled geviile, on _ Monday, the lUtl
December next.
N mrember
C. P. BE MAN, of Mount Zion,
T. B. SLA DE, of Clinton, ■
OTIS SMITH, of Poirelton,
R. 0. BROWN, of Scottsburo.
20—
A CAIiP*
T HE inhabitants of AJiiiedgevideand its vicinity, nrc
reapertfuiiy informed, that on the first of Oecem-
l»cr Mrs. Warner will commence giving lessons in Mu
sic ’jjrawin? and Painting, to such young Ladies as may
l.e confided to her care. iCj* For a knowledge of tn.
terms, &.c.apj)lieatimi may be made eitlier to Mrs. W.,
Mrs. D -. Fortpor Miss Thatebcr.
Niv-.mbcr 24
T
CA.UT1WS4.
1 !1* ptVlilC HI’!
..... cautioned against .trading for a note
si-oi-d hv m?., and which got improperly into the
hands of one Edmund Lowe to whom it. is made paya-
nblc. r J'he oonstdera ion for wiiich the note was design
ed to have been given has entirely faded. Indeed J ne\-
*tr delivered il c.»'the tail Lowe, but in tfhy absence he oi>
tained it from my family—It was for the sum of f ib, and
perhaps some cents, and payable at chris'ntas next. 1
shall not pay it. WYATT MEREDITH.
Wilkinson co. Nov. 21 20 It.
"notice*
LL persons indebted to the estate of f. arab Jones. \
. late of Twiggs county, deceased, will please make i
immediiiie payment., and those having demands against i
said estate are requested to present them witlniulhe time
prescribed by Ian'.
STEPHEN JONES, > M ,
TlKlViAS JONES,
rribcr l
Tt 1 .V’*V UETOMS.
T ™ ..ihvrilier hasobiam. 'l (ion •>« '-I the J’lite
« mv.nbec of DBJISIO.SS ...
i „ , os lTe exnccts to enlarge Ins Collec-
Ui« .ill
publish them in . plum, cheap style, » 1-g t^ •
1 The object of this undertaking is to an aken a.m) c
Ibe people a sense of the importance ol a
itish'mithcntic
60 VMwZr£.a nS ph«, is the objeet of the onder-
deration of Uie B- ‘ the work more cheaply
.editor will enable lum to pn 1 Q POLHILL.
lhan other perrons. 41
Milledgevillc, Apnl 21, l»-ii. ;
PROPOSALS
-w-lDR nublisliing in Macon Ga. a Daily newspaper,
JF devoted to News, Politics, Agriculture, Commerce,
&c. to be entitled, the ^ .
DAILT 3OAC0U TSIaSGBJiPH.
One number of the same has been published as a speci
men, aTd the press will go into operation as soon as the
necessary arrangements can be made.
Terms.—Theprice of the Da.lt Maco» Telmkafh
will be Five Dollars for Six months—for $G.^Hpci an
■ljnn, including six monthsdaily, and six month *- 4 J
Advertisements wjll he inserted ^^p^RTLETT
Odlobefe?
COURT OF OKI)L\AliV, ’
November 'J'lrm, 1o3I.
]f T appearing :o the Court that Wiley Whitley, in Fa
4 i.lo time, executed a I inc Bond n favor ol" Rober.
i’owell, to make a title in fee simple to lot number on.
hnndred and six, in the fifth districtuf Rabun »*oniiiy, am
said Ro'iert having complied fully on his part with tin
'ondilions c-f said b-.ncl, and said Wiley having dux:
without executing titles or making provisions therefor bv
’••11—Ordered, therefore, on the petiiion of said Robert
hut three months notice of this application in some pul>-
gazet te and in the public places of tins county be giv
en, that Micajaii Whitley the administrator of said Wi-
v wiil be directed at the next term of this Court after
such notice, to make titles to said Robert according to the
provisions of the statute in such case made and provided.
,u(ess good and sufficient cause be shewn to the contrary.
A true extract from the minutes, this 15th November,
; s31. JESSE MITCHELL, c. c. o.
November 24 20—3m
BALDWIN COURT OF ORDINARY,
Jl LY TERM, leal.
BT^ ? r LE NISI.—Upon the application of Matthew
& tL and William B. Jordan, administrators on the . s-
a,e of Richard Jordan, deceased, stating that they art
dmut closing the administration of said estate, and are
desirous of being regularly discharged therefrom in terms
of the law—It is oidered, that a copy of this rule he pul .-
i.si.ed once a month for six months in one of the public ga
lies of this place, that all parties interested have due
.-•,n lice of this application, ami file their objections, (if any)
, o the issuing of letters dismissory. A true extract fron;
the minutes, July 12, 1831..
C. D. HAMMOND, r>. c. c.V
July 14 I 6m
C 4 MflRtiiA. PULASKI COUNTY*—Whereas
JST t)amel D. Sturges, admniistrator on the estate of
.Vrehi « hi Young, deceased, applies to me lor letters of
dismission on saidesiate:
These ore the:* fere to cite and admonish, all and sin
gular, the kindred and creditors of said deceased, to he
and appear at a Court <>f Ordinary to be held "U the first
Monday in January next, in and f<>r said county*, then,
and there to shew cause,if any th< yhave, why saiu letters
should not be granted. Given under my hand, tins 12th
day of July, 1631.
JOSEPH CAP.RUTIiERS, Clerk.
July 14 1 m6m
AiOahs ( uLLLNs, J
Ex’r. ' RULE NISI,
P oiirkt Coixivs, j for letters qf dismission.
I TFCN the application of Moses Collins, Executor,
J »kc. stating tiiat lie has executed the last will and
testament of said testator, and is desirous of be.ing regu
larly dismissed from said executorship in terms of the law
Wherefore, ordered, That this rule be published once
a month for six months in one of the public gazettes of
this place, that all the parties'may have due notice there
0 r ali ,l ; f no objection be made at the expiration of said
ierm, letters dismissory " ill be granted accordingly.
A true copy from the minutes, this 21st November,
1S 3 t . n It. A. GREENE, c. c. o.
November 24 ril ^ m
Y the first January eighteen hundred and twenty
six, I promise to pay .Sampson Dixon, or beaicr,
fillv dollars for vaiue received.
(Signed) ABNER GRIFFIN.
1 indorse t!,c within note unto Thomas Allen alter a
duo course of law. Signed sometime in 1825.
SAMPSON X DIXON.
mark.
Aopcarcl in open Court, Thomas Allen, who being
A \ 1 Ann, d^uoseth and savs that the alnive is a copy
fn suhstairee of a note made bv Abner Griffin and the en
dorsement thereon, with the exception of die time when
„.n.v, vrilid. b not remembered,
note b I-t. a„d tine decent
Sworn to it open Co Cl’t.
-wtcj r| aT ,pearir.g to the Court by the
"ffiVlivitV that" the note of Abner Griffin, made
naval do to Sampson Dixon or bearer, for fitly dollars, and
dim 1st January, eighteen hundred and twenty six, has
beeniosi-Tt is ^n motion of Robert Hatcher, attorney
for Thomas Allen, ordered, that the above copy in sub
stance he cstablidied in lieu of said lost onginal note a
the next Term of this Court, unless good and su^cient
cause be shewn ro the contrary by said Abner Griffin, or
his attorney, and that this rule be published in one of tlie
l7th Jay cifc
C ^ii^IITPULASKI COUNTY--Wheresu
If Washington Lancaster makes application for le -
ters of dismission from the estate of Jamea T. Thomas,
14 The^m-e^hetefore 0 to' cite the kindred ami creditors
of said deceased to to »d ■
not begant-
* n« d ct«H»rc: Ti
Sept 80 If ■ B,Cm
u :
GEOliGIA LEGISLATURE.
The joint Judiciary Committee to whom was referred so much of the
Governor’s message as relates to the Penitentiary mode of pun
ishment, have had ihe same under consideration, and beg leave
to submit the following'
RE POSI T s
The destruction by fire of the Penitentiary edifices during the present
year, lias caused attention to be very generally turned to a subject among
the most important and difficult that can occur in legislation:—VYliat sys
tem of punishments is best adapted to the great end lor which all penal
inflictioils are devised,—the prevention of crime? This question, which
was once considered as lorever closed in Georgia l>y the enactment of the
present penal cole and the erection of the costly buildings required lor
carrying it into execution, is now, by a great portion of tlie community, re
garded as entirely re-opened by the accident of the destruction of those
buildings. Tiiat such a consequence should have arisen from such a cause
argues but ill of the impression which a thirteen year’s trial of the Peniten
tiary system has made on the public mind. Had tlie experiment been com
pletely successful—had it realised fully all the advantages which had been
held out to expectation—a result so striking and triumphant must have
considerable part of the intelligence of Georgia should now, by a disaster
merely physical and capable of being easily repaired, be brought to a pause
as to the expediency of continuing the system.
Tiiat the public mind is now in the midst of a parse of this kind, there
can be no doubt. The crisis which has thus occurred, the committee regard
as of the utmost importance to the permanent well-being of the State, and
as imposing the greatest responsibility on those on whose legislative action
the event is suspended. Deeply impressed with this responsibility, tbe
committee have anxiously devoted tfiemselves to'the duties assigned them
-—and among the chief of'those duties, as well as a dictate of tlie merest
wisdom at such a juncture as now exists, they have deemed to be—an ex
amination into such evils as might he expected to result from changing, at
this time, our system of punishments—an investigation of the causes of that
disfavor into which the Pcnitentiajy has fallen—and an enquiry whether
those causes, or any-others that can bealiedged, render expedient the al>oli-
tion of our present penal code, and a return to the old modes of punishment.
And here at the threshold of their enquiries, the committee would re
mark that none but considerations of the most cogent nature can ever jus
tify, in the eyes of the prudent and wise, any sudden and total revolution
in an extensive and important branch of the laws of the land. To author
ise such a change, the advantages to the public ought to be great and cer
tain;—tor no slight or doubtful benefits can compensate for the considers
ble inconveniences that must inevitably for a time, and the more serious
evils that may permanently, result from any great innovation of this sort.—
li" this observation be well founded in regard to every department of* the
laws, it must hold with redoubled force in relation to that which concerns
most nearly the life, the liberty, the property and reputation of every citizen
and every stranger passing or dwelling among us. Our criminal jurispru
dence at least should be exempt from that changefulness and fluctuation
which constitute the greatest vice of our institutions. For criminal laws
are toe pre-eminent securities which society provides for such rights as are
too vital and sacred to he left to the sole protection of a private remedy in
the Courts of Justice, and against such wrongs as are too heinous and per
nicious to be subjected to no stronger preventive than a liability to make
amends to tlie injured individual. A vet more imperious necessity lor them
isprVe nteJ by the case of such wrongs against individuals 3s admit of no
redress whatever to ihe injured party, and of those offences, which striking
directly and equally at the whole community, are capable only of a public
prosecution. If this portion of the Jaws derives thus a momentous conse
quence from the iinporuince of tlie rights which it seeks to protect, and the
malignity and pernicious tendency of the wrongs which it is .peculiarly de
signed to prevent, the interest with which it ought to be viewed is still furth
er enhanced by a reflection on the harsh and often ruinous effect with which
it acts on those who provoke its censures. The wrong-doer, when over
taken by ihe punitive vengeance of the law, becomes always a suffering, in
many instances, an undone man: Nor is it at a!! unjust that the severity
of the infliction under which he falls should be proportioned to the criminal
ity of the deed by which it was incurred.—But assuredly justice also imper
atively requires that in precise proportion to the severe and blasting effect
with which the laws act on those who infringe their provisions, ought to
be tiig steadiness and notoriety of those provisions. If the penalties w hich
the law prescribes are doubtful, or unknown, the advantage contemplated
bv graduating tb* 1 punishment to the crime is wholly defeated. For in
such case, an individual, labouring under this uncertainty or ignorance,
cannot be deferred from tlie commission of a given offence bv a regard to
that penal consequence which the law has provided as the fittest means ol
restraining him. He may be thus tempted to adventure blindly on an act,
the consequence of which he does not foresee, and of which he might have
remained guiltless, had the consequence been distinctly foreseen. In this
manner, the want of that notoriety in penal laws which their permanence
and long continuance alone can give, operates, with a hardship bordering
on injustice, on the infractors of those" laws, and also encourages tiiat very
perpetuation of offences against which it is the policy of all penal regulations
to protect the community by holding out a precise and distinct terror to the
evil-disposed.
Such is a slight view of the evils which must altend on all great revolu
tions in tlie penal laws of a community; evils which would extensively re
sult, were the present legislature by a single statute to abolish Penitentiary
punishments and declare expressly and at large what penalties were intro
duced in their stead. But these evils must require vast aggravation from
the only course proposed and indeed the only one that seems practicable in
the event ot the immediate abolition of Penitentiary punishment. That
course is to throw the country instantly back by mere words of reference on
the penal law's as they existed at the period immediately preceding the
adoption of the Penitentiary system. Thus at a single stroke, hv an act of
legislation almost magical in its effects, we should have evoked from the
oblivion in which they have long been entombed, a host of penal laws al-
wavs barbarous and unsuitable, now forgotten and unknown, scattered
throng i a confused medley of old statutes and still older and iqoie confused
common law; an acquaintance with which would require a research and
an access to sources of information extremely inconvenient to any but law
yers bv profession, and impossible to the great mass of the people, very ma
ny of the poorer and more unenlighted of whom would necessarily remain
fora long time to a considerable extent ignorant of that branch of the laws
with which it most behoves every citizen^to be familiarly conversant. But
an evil of a slill more insuperable character demands to lx 1 mol iced. Our pre
sent penal code, with a viewto the Penitentiary mocicoi punishment, and that
exact graduation of the punishment to the crime which is capable of being
grafted only on that system, lias made a division and classification ot offen
ces, with corresponding definitions and distinctions, unknown to the old
law. If the penalties alone are changed, and the criminal laws left in other
-rrsTAvdy-ffuiiaeied, as is proposed by a bill introduced in the House ol Ke-
nresentatives, then all offences must continue to be indictable according to
ihe definition and description, including the name, which they bear in tne
pristina- code. But as there are cases in which offences with such definition
and description did not existunder the old law, of course no penalties lor them
existed under that law. Whence the singular absurdity would arise, that
we should have on our statute-lmok a catalogue ot dark and nicely distin-
miished offences which must still be prosecuted as heretofore, but for winch
i j.p courts could pronounce no sentence of punishment unless by a stretch
of construction and judicial power at war with the genius of our institutions
and incompatible vi’th the settled principles of criminal jurisprudence. 1 oe
old offences and subjecting them to new distinctions and divisions. 1lie
only manner in which the difficulty just presented can be obviated, if it t*
determined to revive the old penalties, is to bring back with them the defi-
niffons and descriptions of offences to which they were annexed;—winch
would lie not onlv to abrogate Penitentiary punishment, but to revolution
ize the veni principles of our,criminal law solar as thev now stand modi
fied with a view to that mode ?f punishment. Either, therefore a total im
punity must be allowed to tinny high offences, or the ancient distinctions
and definitions connected with those offences must be restored 1 he o.t
offences must be revived as (veil as the old penalties. The old penalty
rmnino- ud from the grave withfut the resurrection of the old offence would
an useless apparition. It wolld have no errand to perjovtn. But there is
dissatisfaction with the deflations and distinctions of Penitentiary offen-
ceVas laid down in our presentfode. And it would certainly be legislating
hi a reversed order to call the ob crimes back again into existence in order
thatwemav be enabled to reefwith them the defunct penalties.
The ouestion is then forced uVon us, arc we prepared to throw open the
flood-a-ates of those incalculable’.evils and confusions that must flow from
so extensive a change of the privies of our criminal law ns wett as of our
coda of penalties? A change t<*: which no oodv has proposed to ete w
aoyothclr way than by mere wids of general reference to a long ahroga-
ted system, which when in force, lay scattered and detached in the chaos of
the law, and which could now be recovered from the oblivion in which it is
sunk only by ransacking those files of rubbish which have always teen ac
cumulating in the rear of our advancing jurisprudence- Would not such
a procedure savour strongly of the enormity of deliberately exposing the
community to the danger of committing crimes and incurring punishments
both of which have been kept shrouded in obscurity until disclosed by the
rigors of prosecution and penal infliction. That great principle of eternal
justice on which the constitution of our country has barred the door againt
the passage of laws making an act punishable which was not so when com
mitted, or punishable in a manner in which it. was rot so when committed,
loudly declaims against a course which would so greatly take away publici
ty and certainty as to what are crimes and what the punishments to which
they are respectively liable. So lar as this point of publicity and certainty
to the great body of the people is concerned, the restoration of our old penal
laws by general words of revival would be nearly as bad as the introduction
of: hose of some neighboring State or foreign nation by general words of
adoption. Those who were lx>rn in Georgia and have grown to manhood
on her soil would be in regard to the old criminal laws thus re-extended
over them, as if they had removed to some foreign clime'. Every thing
would be strange, new, and unknown. They would have to become learn
ers of every thing, not only without any facilities, but in the midst of u.e
greatest, difficulties to acquiring knowledge. The administration of crimin
al justice too would be impeded, perplexed and frustrated. All the inferior
magistracy with whom the initiatory steps fqf- the prosecution of crimes
must ordinarily be taken, would find themselves bewildered and distressed
and their proceedings exposed to be vacated and set aside notwithstanding
all their pains. Thus to aii the other evils growing out of doubts and ig
norance as to tlie Jaw, would be super-added great uncertainty and irregu
larity in bringing violators ol it to justice, and a consequent license and en
couragement to the commission of crimes.
The committee are, therefore, decidedly of opinion that the restoration,
by mere general words of revival, of the old laws hi regnul to offences now
punishable with Penitentiary imprisonment, would be prolific ot* evils so
great and various as to render it under any'circumstances wholly inadvisa
ble to take such a step. Laving.then a course of this ki:iti out of the ques
tion, there are but two resorts remaining, one or the other ol which the
General Assembly must needs choose:—And those are—either to digest at
length and pass into a law, a newpenal code as to all those offences now pi n-
ishable by imprisonment in the Penitentiary or to resolve on the continu
ance of the Penitentiary mode of punishment.
The first of these would he one of those nice and difficult tasks of codi
fication, which cannot possibly be tvell executed by a large deliberative as
sembly, and which therefore whenever attempted in any country, have
been confided to the hands of a few select persons skilled in the law. and in
the very signal and successful instance furnished by our sister Siate of Lou
isiana, to a single individual. It was by a commission of this kind consist
ing of only two gentlemen eminent in the law, that the great statute
of 1817—commonly known as the Penal Code, was prepared and digested.*
The committee deem it unnecessary, however, todweil on this point, inas
much as the impractieableness of such a work by the present Legislature,
seems to be universally conceded ; so much so, that in no quarter, however
much opposed to the Penitentiary, hassucii an undertaking been proposed.
' Whether it will be necessary for this General Assenfbly to adopt any
measures, with a view to the preparation of a new Criminal Code, to lie
submitted for the sanction of a future Legislature will depend on the deri
sion which may be made on tlie question of continuing nr abolishing the
Penitentiary system. Should a determination against the continuance of it
he firmed, the Committee are clearly satisfied that a new Criminal and
Penal Code should be framed, adapted to tlie new state ol* tilings that must
• ensue, and furnishing to the people in a narrow compass and ui a plain,
digested and regular form, a foil view of tlie substituted punishments, and
of the offences to which they shall be respectively affixed. Criminal law,
in conquence of the comparative fewness and simplicity of its principles,
is capable of being advantageously codified. There could, thereto. - !, be
no apology tor throwing tiiat portion of onr laws into the perplexed, scat
tered and chaotic state which is perhaps irremediable in regard to the great
body of our Criminal Jurisprudence. Were they now in that state, it.
would be the imperative duty of the Legislature to extricate them sj.< ediiy
from it. Now, that they are actually extricated liom it, it would be the
most extraordinary impolicy, by a deliberate act, to cast them back into it.
But the introduction of a new set of penal laws, even in the meat favorable
modem which it can be effected, that is to say, by a regular and extended
Code, is an experiment too full of hazard and probable mischief to he ad
visable, unless we are thoroughly persuaded that there is a radical defec
tiveness iu our present system derived from causes which must penuam nt-
ly operate upon it, and which would not apply to some other system v : ioh
might be introduced in its stead ; or unless we are satisfied tiiat si cii other
system would, on the whole be productive of an amount of advantage to
the community which can never be realised by the Penitentialy, even when
all ol* its curable defects shall have been removed.
The committee now therefore, find themselves arrived at that point of
their enquiries which relates to the grounds of the disfavour evinced to
wards our Penitentiary: a great and influential cause of which disfavour,
they suspect to have been a certain vague misapprehension which seems tr:
have lurked in the public mind, as to the true and proper scope and (lb< ar;
of the Penitentiary mode of punishment; and an exaggerated expecta
tion, thence derived, in regard to the benefits which ought to have been
produced bv it. More lias been looked for from this system, than any hu
man establishment can ever realise. No proposition can he clearer, than
that the prevention-of crimes, and the reformation of culprits, are ends
which can only be approximated, but never, whilst man retains bis present
nature,perfectly achieved by municipal regulation. Yet, in this age of in
vention, innovation and improvement, when the most active geniuses, and
tlie most distinguished public functionaries have remarkably devoted them
selves to schemes lor meliorating the condition of their species in aii res
pects, physical and moral, when enthusiasm has been roused and diffused,
and men’s imaginations inflamed by the brilliant success which has
crowned many noble and novel enterprises, and stili more by tlie general
rapid progress, with which society has advanced lovards iTs highest
earthly destinies, it is far from being wonderful that the eternai limns io
pass which human exertions are vain, should have been overlooked, in re
ference to this subject, as they loo .often have in reference to others of great
concernment, and of a character more susceptible of p’ecise calculate r.—
St ill less is it to be wondered, that at a period abounding in n aintaine.s e 1
the perfectibility of human nature, and the all-sufficiency of <\h canon and
artificial training, to make man whatever be should be in an intei:* ernai and
moral point of view, the idea should have been started and favorably re
ceived, that a system rhightbe devised and successfully executed, which
combining for a long term of time penitential discipline, with the suffering,
of punishment and hard labour with close confinement, would triumphant
ly effectuate the great object of curing culprits* of their cnimr.ai prop* nsi-
ties. and securing society almost wholly against infractions of the Lena"'
ties, and securing society
laws. This idea essentially visionary, entered largely
those wr vv lionHSnrworftLrN w»rtctned for tfip Pei)iteiutr« ry sc s o m,
a longtime, strong possession of the public mind whenever that s .~n m
{itd b( d ;< r
somesuch overwroughtand extravagant expectation©/ good. W hatevei e;
lusiveness should be fully developed by the results of experience. Any in
stitution inevitably incurs the discredit of failure to a greater or less extent
which disappoints even tlie visionary expectations of advantage und. r
which it was established, no matter what other lesser benefits may accru
from it; or however preferable it may he to any substitute that can be pru
posed. Thusithas *** ” ^ " nrL ~ : 4 ”"' “
pre
„. * been with our Penitentiary. The impracticable goo
which it has not done has been noted and counted against it, whilst the
actual good of which it has been productive, has been little considered.—
The discredit arising from the non-fulfilment of anticipations always eln-
nrerical, has not only drawn down the popular censure on its undemab't
defects; but has caused the public very considerably to lose sight ot i s
Teal merits, and to conceive an extensive prejudice against it, on account
of imperfections which, so far front being peculiar to it, are necessarily in
cident to anv system of punishments which man cr.n devise. \\ hat eU*
but disappointment could await the fanciiul calculation that, under the in
fluenced* the Penitentiary or any other form ot punishment, crime was t »
become rare in the land, the perpet rators of crimes, restored back to societv
confirmed in virtuous feelings and habits of useful industry, and a revenue,
instead of a tax devolved oh the community by the very process whence
these sio-nalblessings were to flow? . It requires but little of reflection *>r
observation to arrive at the conclusion, that the prevalence or infrequency
of crimes in anv country, depends not so much on its penal regulations
on the general state of societv and social improvement, on manners, edu
cation relianon and numerous other circumstances can nee ted with the mor
al and phvsical condition of Ihe people, all which are very slightly mfluei.e
ed bv anv peculiarities in the system of punishments. And to these c r
cumstances, should attention be chiefly turned in every State or Nation >n
-rJ-r to the prevention of crimes, whilst penal regulations should be viey -
cd as merelv auxiliary iu the work. The seeds ol crime are sown m v o.
nature.of man; they will oftentimes shoot forth and produce their