Cain who slew his brother felt the strict justice of this sentiment, when he cried, "And whosoever shall find me will slay me.'

In every age whether savage or civilized; in every country whether christian or pagan, under every government whether free or despotic, the murderer has been punished with death. This universal and uninterrupted assent of all nations to the principle proves its foundation to have been deep in nature, in justice, and strictly consonant with the moral sentiments of mankind; and the universal resort to its exercise is little short of a demonstration of its necessity.

They err extremely who believe that man has not now the same depravity which existed centuries ago, or that the viler passions are not now as predominant in his nature and as destructive in their indulgence as heretofore; never perhaps were strong penal restraints more necessary to the preservation of society than at the present time.

Of all the passions that of revenge is the most strong, active and persevering; if to gratify this passion with blood, the murderer risks nothing but imprisonment with the ordinary chances of escape even from that, we shall soon see the dagger and the pistol triumph and scarcely a check to homicide remaining. Let infidel philosophers talk of death in what terms they may, the experience of five thousand years has taught that to the guilty mind he is truly the king of terrors; and while in full view he stands frowning on the unpractised murderer, he in numerous instances deters from the shedding of innocent blood. To abolish this punishment in this case, the committee think, would shock the feelings of mankind, violate the great rules of justice, and prove an experiment pregnant with bloody consequences.

Arson, or (as it is defined in our statute) the crime of burning a house known to the criminal to be inhabited, proves the mind of its perpetrator to be shorn of all its

moral beams. The midnight hour, the hour intended by the Creator for human repose, is the period which ushers the incendiary to his dreadful work. Imagination cannot fancy another crime combining such mean and lurking baseness with such audacious and fiendlike malignity. Death itself is scarcely an object of terror to a mind so utterly depraved, to a conscience so utterly hardened. And certainly that being who without the possibility of reward or personal benefit could put the fire brand to an inhabited dwelling and expose to a common grave, the father, the mother and the child, would laugh at ordinary perils and penalties, would deride your petty punishments and trample on all your exhibitions of mercy. The committee think that the removal of such beings from society is necessary not only to vindicate its justice, but to protect its order and preserve its very existence.

With these views of the subject the committee would solemnly demand what sound reason exists for abolishing penalties sanctioned by the wisdom of ages as just and necessary. Does christianity require it? No, the God of mercy is also a God of justice. Does humanity demand it? No-humanity shudders at the numerous victims which such a measure would immolate.

Consider what monsters would be continued in existence; monsters whose minds had become masses of moral pollution, and who, though chained for a season yet in the various revolutions of time, might be cast upon society to plot new treasons, to perpetrate new murders. Shall our minds yield to a sickly sensibility for suffering guilt, be melted into pity for traitors and murderers at the expense of innocent blood, and the overthrow of social orders? In the opinion of the committee such a course instead of affording proof of the progress of society in morality, civilization and religion, would indicate an increased laxity and a di

minished virtue, a general state of false refinement incompatible with enlightened justice, genuine mercy, individual safety, or sound patriotism.

There may be cases where mercy should temper law and shield even a criminal from the sword of justice; but let not the shield of mercy be converted into a perpetual and general protection for guilt. When cases occur of less enormity surrounded by mitigating circumstances let that shield be interposed by the branch of the government in whose hand it is placed by the constitution.

Upon the whole, the committee are of opinion, that capital punishments are both expedient and necessary, and therefore justifiable, that in this state they are attached to as few crimes as is consistent with individual security and public safety, and that no alteration in the laws of this state relating to them is expedient or necessary."

1812. NOVEMBER. LEGISLATURE, THIRTY-SIXTH SESSION.

DANIEL D. TOMPKINS, Governor.

FIRST MEETING.

The Legislature met the 3d of November; the next day the Governor delivered the following

OPENING SPEECH.

GENTLEMEN OF THE SENATE AND OF THE ASSEMBLY.— A few days after the last adjournment of the legislature, a declaration of war was officially announced by the United States, against the United Kingdom of Great Britain and Ireland, and its dependencies. The great exposure of a vast range of our southern, northern and western frontier

to annoyance from the enemy, and to the depredations of savages in alliance with him, rendered the proclamation of hostilities during the recess of the legislature an event peculiarly interesting to the citizens of this state, and imposed upon the executive a task of immense responsibility and embarrassment. I considered it obviously a paramount duty to apply the resources which the foresight and liberality of the legislature had placed at my disposal, in such manner as not only to provide a security for the property and lives of the inhabitants of the frontiers, but also to subserve the national will by facilitating the operations of the general government for a vigorous prosecution of the war, as the most certain means of bringing it to a speedy and honorable termination. My endeavors to accomplish these objects have been generously seconded by the officers and soldiers of the militia.

It was to be feared whilst Great Britain held not only the dominion of the ocean, but was permitted to maintain an undisputed supremacy on the lakes also, that the burthen of the militia of this state in particular, in the first campaign of the war, would be extremely arduous. Accordingly most of the detached militia, together with a considerable number of independent uniform and volunteer companies, have been called into actual service, either at New York, Buffalo, Lewiston, Niagara, Oswego, Sackett's Harbor, Ogdensburgh or Plattsburgh or in frontier towns between those places. It affords me great satisfaction, however, to inform you, that it is confidently expected that the appropriation made in June last to meet the emergency of invasion or war, will be adequate to defray all the expenses hitherto incurred on the part of the state.

In reflecting upon the events and consequences of the war from its commencement to the present period, we find more cause of exultation than could reasonably have been expected, considering the pacific structure of our national government; the enjoyment of nearly thirty years of peace,

the smallness of our navy, the very limited number of our regular and disciplined troops, and a temporary deficiency of many munitions. Nearly as great a proportion of homeward bound merchantmen have escaped capture as has been customary during the last three or four years of peace. The market for the produce of the farmer has experienced an unexpected and unusual rise instead of a depression. Upon the ocean and the lakes, wherever our gallant tars have come in contact with the enemy, their conduct has given luster to the American character, and in some instances their achievements have been brilliant beyond example. It cannot but be expected that the general government, impressed with the propriety, the justice and the indispensable necessity of yielding more ample protection to our commerce, and of rendering the American nation more formidable in war, will increase our naval establishment to the extent warranted by the resources and spirit of the nation.

Although the surrender of the northwestern army is greatly to be deplored and tended to increase the difficulties which the militia of this state have had to encounter, and to retard the operations of government; and although the attack on Queenstown did not eventuate propitiously, yet it cannot for a moment be doubted that the issue of the contest will be glorious to our country. Reverses were to be expected in the first outset of inexperienced troops. These nave originated not in a want of valor in our soldiers, or of resources in our country, but in the unavoidable difficulties, under existing circumstances, of directing the one and developing the other, on a sudden emergency, with the greatest advantage. In the attack of Queenstown, however, and in the affair of Brownstown, prior to the surrender of Detroit, and on various other occasions, the army and militia have invariably exhibited the deliberate and undaunted bravery of veterans.

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