EXTRACT FROM GOVERNOR TOMKINS' SPEECH

1.

ON THE NATURE OF PUNISHMENT FOR CRIMES.

It has not probably escaped your obfervation, that on the eighth day of March laft, a law was paffed inflicting death for a crime which antecedently fubjected the offender to imprisonment in the state prifon for life, and authorising whipping for petit larceny.

2. It has been justly observed that punishments mild, speedy and certain, are the means beft calculated to answer the end of criminal jurisprudence, that they ought always to be proportioned to the crime-and that the reformation as well as the punishment of the offender, ought to be conftantly and steadily kept in view.

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3. The fpirit of freedom, the dictates of humanity, and the principles of chriftianity, require that the awful penalty of death fhould be inflicted as feldom as poffible. scene of distress and agony exhibited at an execution, naturally excites an averfion to the laws which fanction fuch severity.

4. Punishments will also be more certain, when mode rate and rational. Because, thofe who are beft able to prove the guilt, or who may be moft materially affected by the crime, will then feel no reluctance, nay will cheerfully perform the duty of detecting and expofing every fender.

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5. The jury will be lefs anxious to feize on fpecious doubts to justify an acquittal, and but a feeble hope of ef caping the fentence of the law, by technical objections to matters of form, or by executive clemency, will be enter tained. Befides, by fubftituting imprisonment at hard la bor, fociety is relieved from the painful refponfibility of fending one of its members fuddenly and perhaps unpre pared to the tribunal of his God.

6. The fruits of his labor enure to the benefit of com munity or his family; the regimen of the prifon precludes gambling, idlenefs and debauchery, the ufual preludes to

greater enormities; and that difcipline united with the religious exercises of the inftitution, afford to the most charitable and philanthropic mind, at least a glimmering hope of ultimate repentance and reformation.

7. Impreffed with a decided opinion that the deprivation of life is feldom neceffary, and that it is incompatible with the genius of a free government, and the state of civilization and refinement of which we boast, I am constrained by a fenfe of duty to fuggeft the abfolute neceffity of forbearance to extend that punishment to other crimes than thofe of treafon and murder.

8. With respect to whipping, for petit larceny, I would remark, that there are various reasons which might be af figned in favor of confinement at hard labor in preference to corporal pains. By the former, the offender is deprived, for a period, at least, of an opportunity of repeating his crime, whilft in the latter cafe, he is forthwith discharged to renew his depredations.

9. A term of temperance, labor, and privation, affords a hope of amendment: while on the other hand, reafon and experience abundantly teftify that no fuch reformation can be wrought by the agonies of a lacerated body; for the publicity and ignominy of the punishment ftifle every remnant of pride and ambition, and destroy the profpect of ever regaining a character.

10. I might also add, that the frequent exhibition of cruel and fanguinary punishments wounds the fenfibility of the humane, and corrupts the difpofition, and depraves the morals of a great proportion of the spectators. With deference, therefore, I fubmit to your wisdom the propriety of totally exploding corporal chastisement from our criminal fystem.

11. There is much reason to believe that the prevalence of crimes of a deeper dye, are too often the refult of impunity for offences of an inferior grade. Although the legislature have, by a variety of statutes, enacted numerous regulations to prevent practices of an immoral and dangerous tendency, and which are generally the commencement of a career of more iniquitous and criminal

conduct and although the provisions of thofe ftatutes are daily and notoriously violated, yet the inftances in which they are enforced, are aftonishingly rare.

12. The fecurity with which one law is publicly infring ed, not only creates an expectation of fimilar impunity for the violation of others, but alfo produces a contempt of the laws generally. Your wifdom will determine whether fome more fuitable measures ought not to be devised to ensure their obfervance.

PRESIDENT JEFFERSON'S INAUGURAL SPEECH.

1. FRIENDS and fellow citizens,-Called on to undertake the duties of the firft executive office of our country, I avail myself of the prefence of that portion of my fellow citizens which is here affembled to exprefs my grateful thanks for the favor with which they have been pleased to look towards me, to declare a fincere consciousness that the task is above my talents, and that I approach it with those anxious and awful prefentiments which the greatness of the charge, and the weakness of my powers fo juftly infpire.

2. A rising nation, spread over a wide and fruitful land, traverfing all the feas with the rich productions of their industry, engaged in commerce with nations who feel power and forget right, advancing rapidly to destinies beyond the reach of mortal eye;

3. When I contemplate thefe tranfcendent objects, and fee the honor and happiness, and the hopes of this beloved country committed to the iffue and the auspices of this day, I fhrink from the contemplation, and humble myself before the magnitude of the undertaking.

4. Utterly indeed fhould I defpair did not the presence of many, whom I here fee, remind me, that in the other. high authorities provided by our conftitution, I fhall find refources of wifdom, of virtue, and of zeal, on which to rely under all difficulties.

5. To you, then gentlemen, who are charged with the fovereign functions of legiflation, and to thofe affociated with you, I look with encouragement for that guidance and fupport which may enable us to fteer with fafety the vessel in which we are all embarked, amidst the conflicting elements of a troubled world.

6. During the conteft of opinion through which we have paft, the animation of difcuffions and of exertions has fometimes worn an afpect which might impose on strangers unufed to think freely, and to fpeak and to write what they think; but this being now decided by the voice of the nation, announced according to the rules of the constitution, all will of course arrange themselves under the will of the law, and unite in common efforts for the common good.

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7. All too will bear in mind this facred principle, that though the will of the majority is in all cafes to prevail, that will, to be rightful, must be reasonable; that the minority poffefs their equal rights, which equal laws must protect, and to violate which would be oppreffion.

8. Let us then, fellow citizens, unite with one heart and one mind; let us restore to focial intercourse that harmony and affection without which liberty, and even life itfelf, are but dreary things. And let us reflect, that having banished from our land that religious intolerance under which mankind fo long bled and fuffered, we have yet gained little, if we countenance a political intolerance, as defpotic, as wicked, and capable of as bitter and bloody perfecutions.

9. During the throes and convulfions of the ancient world, during the agonizing spasms of infuriated man, seeking through blood and flaughter his long loft liberty, it was not wonderful that the agitation of the billows fhould reach even this diftant and peaceful fhore; that this fhould be more felt and feared by fome, and lefs by others ; and fhould divide opinions as to measures of fafety; but every difference of opinion is not a difference of principle.

10. We have called by different names brethren of the fame principle. We are all republicans: we are all federalifts. If there be any among us who would wish to dif folve this union, or to change its republican form, let them stand undisturbed as monuments of the fafety with which error of opinion may be tolerated, where reafon is left free to combat it.

11. I know indeed that fome honeft men fear that a republican government cannot be strong; and that this gov ernment is not strong enough. But would the honest patriot, in the full tide of fuccefsful experiment, abandon a government which has fo far kept us free and firm, on the theoretic and vifionary fear, that this government, the world's best hope, may, by poflibility want energy to preferve itfelf: I truft not.

12.

I believe this, on the contrary, the strongest gov. ernment on earth. I believe it the only one, where every man, at the call of the law, would fly to the ftandard of the law, and would meet invasions of the public order as his own perfonal concern.