Thus the plan of transportation, so far from being offer ed as a substitute for penitentiaries, as intimated by some who are opposed to it, is intended to aid them in the at tempt to reform criminals ; by giving more room, to make a fair trial upon such as it is deemed proper to confine therein ; and that the country may be freed from those whose crimes require an exclusion from society, or of others, who by a return to courses of iniquity, have evinc ed, that solitary confinement has failed to reform.
It is apprehended that any one state having resolved on the plan of transportation, other states will soon accede to it. Virginia and Maryland will probably be the first, in order to be relieved of their vicious black population, the multiplication of which, they acknowledge to be a cause of continual solicitude ; and it is almost certain that the rush of the vicious from those states in which transporta tion shall be first adopted, into others where they can find comfortable quarters if detected, and the chance of being soon restored to freedom, will cause the measure to be generally followed from the principle of self-preservation. Thus the country will be freed from a wide spreading moral pestilence, which, from shocking management, romantic mistaken humanity, and criminal indifference to the pub lic peace exhibited in the grant of pardons, has extended its influence far and wide.
3. A denial of pardon to any one convicted of offences causing confinement in prison, (excepting under particular circumstances calling for this exercise of executive cle mency) will have a powerful effect in restraining crimes.
The importance I attach to a correction of the evil of frequent pardons, induces me to press attention to it. The testimony of all those who have had any experience in the management of criminals, and the opinions of those who have devoted their time to the consideration of penal juris prudence, may he cited to prove the correctness of the po sition I have taken. The Marquis of Beccaria observes, that " as punishments become more mild, clemency and pardon become less necessary. To show mankind that crimes may be pardoned, or that punishment is not the ne cessary consequence, is to nourish the flattering hope of impunity. Let then the executor of the law he inexorable, hut let the legislator be tender, indulgent, and humane."t Dr. Rush's sentiments are equally strong. " Where pun
ishments are excessive in degree, or infamous from being public, a pardoning power is absolutely necessary. Re move the severity and public infamy, and a pardoning power ceases to be necessary in a code of criminal jurisprudence; nay, further, it is such a defect in penal laws, as in some measure defeats every invention to prevent crimes, or to cure habits of As the inevitable consequence of the adoption of the plan of transportation will be the thinning of our prisons, as well by the actual removal of the criminal, as by the fear of it, preventing offences, (two of the causes above assign ed for the absolute necessity of frequent pardons being done away,) no apology can be offered for asking or grant ing the favour. In the mean time, however, and until the transportation of criminals shall take place, some measures ought to be adopted to lessen the number ; and I would re commend that a resolution be passed by the Legislature, requesting the governor to publish the petition of every criminal applying for pardon, together with the names of the signers thereto, at the time such pardon shall be grant ed; that two returns be made by him to the legislature— one during the first week of the session, and one in the last week of the same, of the names of all the convicts pardon ed by him, the names of the counties in which they were convicted, the terms of their sentence, their crimes, and the names of the signers to the petition, with the dates of their convictions and pardons ; and that he be requested not to grant pardons to any, except for first offences, or in the cases and under the conditions following, viz.: proofs of irregularity of conviction, or deficient testimony ; the oc currence of circumstances tending to diminish the enor mity, or lessen the probability of the crime for which the conviction had taken place ; mere circumstantial evidence ; and lastly, suspicious self-condemnation. I shall enlarge en the last mentioned point only, to show its importance.
Several cases arc recorded of the conviction of both men and women, upon their own voluntary confession ; of others having suffered death for crimes in which they had no con cern; and even of the avowal of robberies which had not been committed, and of crimes of which they had not been even accused.t Among many cases, I may mention the following.