2

of rare occurrence, in consequence of a recent law which subjects persons stand-
ing 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