Early Governors' Papers

John Sevier Governor in and over the state of Tennessee

To the sheriff of Sullivan County, Greeting

His Excellency John Tyler Governor of the common wealth of Virginia, in pursuance of the Constitution ^and laws of the United States, have demanded of the Executive of this state, that a certain negro man slave, (named Barney) lately the property of John Carmack of Washington County Virginia, but now in the possession of Isaac Shelby of Sullivan County in this state, should be arrested and delivered unto William Gray, who is appointed agent on the part of the Executive of Virginia, to receive the aforesaid Barney, who is charged on affidavit with having on the night of the 21^st of May 1808, set ^on fire the Barn of Robert Preston of the county of Washington in the state of Virginia; which Barn with its contents on the night aforesaid was consumed.- I therefore command you, the sheriff aforesaid, to arrest the said Barney, and him safely deliver unto the aforesaid William Gray agent, in order that the said Fugitive, may be conveyed safely into the county of Washington, the place where the alleged felony was committed: This shall be your Warrant for so doing. Given under my hand near Knoxville the 27th day of June 1809 and in the 33^d year of American Independence -

John Sevier

9

no feelings of sympathy beyond the justice & humanity of the law, should prevail to ex-empt the offender from that correction his country has prescribed for his wickedness; were this universaly the case, there is but little doubt (comparatively) few crimes would be committed; to produce this desirable and man has not, nor ever can; devise a more sure & efficient, system ^than the Penitentiary, where all offenders may be brought to a sense of the evil done, their country & the moral influences it must necessarily have upon others by the certainty of meeting that justice of punishment, which the nature of the offence merits;

any further information in power will be cheerfully given

with esteem thy friend Saml. P Parsons

John Tyler Esq

His Ex. John Tyler Governor of Virginia

Sam^l P. Parsons on the Penitentiary of Virginia Aug^t 1826.

of rare occurrence, in consequence of a recent law which subjects persons standing in that predicament to capital punishment - This proves nothing against, but rather gives strength to the system. The oppertunity of reform has been fairly given to the criminal in the first instance- the need of a merciful code has been extended to him, and it is only in the event of his rejecting the [proffes'd?] mercy and tenderness of the government by manifesting a spirit wholly irreclaimable, that the law denounces him as unworthy to live and that a jury executes unrelentingly its fiat - no simpathy [sic] can longer be awaken'd in his behalf, and the suspended sword falls therefore with certainty on his head - The certainty of punishment is thus secur'd and many instances exist of entire reformation - Its advantages would seem then to be manifest over the old system of punishment - a system which cut off the chance of reform, by cutting off the life of the victim - It enables the government to perform the part of a wise and beneficent parent by resorting in the first place to mild and tender punishment, and not ut-terly annihilating, until its effort to reclaim has entirely fail'd, and the task of reform has become hopeless -

I have the honor to be Sir most Respty Y^r Obt Servt John Tyler

Governour Carroll

Gov.^r Tyler on the Peniten tiary of Virginia Aug.^t 10 1826.

His Excellency William Carroll Governour of Tenessee [sic] Nashville