University of South Carolina Libraries
"Volume II.) ? ?! II I . {" ? ; ? CAMDEN.' rS. C.) SATURDAY. J^LN UAR S v ' l l ? ? ? - > .? % v '*'T ^ v vXNumfcHcr*93. PRINTED BY f u GMORGJS IV. B. HAH BY. For THE PROPRIETOR*. , The /mice to ffubtcriber* it $3 fnvmnkm tvelutive oj jioMage ; and in all ca*e* where jfajftei' AA/K be fieUvered at the, qf , sfte fu tbUuhefp the firice ' %B*U Jte (3 50 a J fear, to be fiaid *ix month* after **i>s?r6rnjr "? i i . ? ?--? ? 4m* THE COMMITTEE i *4 ft pointed at the close the laot *es*i o% . . * Ta Srjuire ff U be ex/iedient to alter #v Penal Code 6f tMo etate ; enrf // expedient, what alteration* weft requir ed" bc% leave,! o REP OR T*? JH AT they wferc prevented, by cir T-^rCunistanees, fro;e assembling during the rccess of tho legislature) and have there fore not given to the subject, that protract which _its importance irt. The r^s^lt how ever, of such enquiries as the committee MV# been aWe to make since the. com k mencement of the present cession, they -pom bpg leave to submit ; leaving it to the legislature to determine whether further in formation be necessary to an ultimate dc? k- 4* a&wMienefc the penal code bf the^ state appeal's, from reiterated executive re P comm?indations, te haYV been much desir ed and long expected i as yet, legislative, caution Ikis not yielded to execiftWe im* ?U|pkK> This caution, it is believed, fcqftthe effect, not of any su|mosrd cction in our Criminal lawf but of tfoubts *jm i6 the pelicy of adapting the particular 5* alterations recommended. That some al te rations were required, has never been denied ; that sotise alterations are how ne Ittiuary, ^heLrei&jfeof eonvictionsprove.^ Many offences arte freuucntly committed, | which out penal cod<^*t^ intended ta sup press, and which, it is , believed, can be suppres|edj ot* very much lessened. rbr these evils, two remedies have been suggested. ? Thft^doptlnn of the penitanti ary sysUm, or only so?to- alter our present I, taws, as to increase or diminish the quan tum of punishment juow apportioned. ,A j I fttCh of these pemcdic's has its advocate# ; 1 both in the opinion of your committee W* ps consideration. The penitentia ry system will F>e first examined, ' r^Before hpwevef* we proceed to this ex amination , a few observations will be sug gested, Intended to establish certain }j>ropo* Which, without pretending to axio. ?jitruth, are supposed sutiiciently ccn - to induce general acquiescence. V ~ liiovel situation in which the United State* -^Kbeen placed, has rendered the lessons of e* pSience bf ls*s unniversaU)nportance here than elsewhere, it it neveYtheledl believed t|mtexpeiience hen* as elsewhere, will ever prove tho* best source of wisdom, and sur ^ .1 f 1 1 !?! J> >1 llM Kf ?wtlii* I'Ub not be w;yM i , fecall to mind that memorable if the fallacy of human wisdom, julatine.ufton Itwa niuct gdtern ora#l ui the ekily annuU of our J^llObe' profound* n?pher of hi* a ge* furnished a government and system of U* * -Carolina. Mr. Locked govern-* , tiwa *r^ kttown to have filled in |&et; The eoly laws which have ' jjto stand the test of ages have ef SoAiand Lycurgus havepiuftf! l% The common and civil laws A for a^e* and will probably con orte for ages to come. he only proper ftbfect of punish if prevention of crimes, is a pro 1aim?d? -The feel, the law criminal ought to be ascertained ; for ttie same punishment would affect very differ cutly persons of different degrees of sensi bility i to one, that pun&hment might be torture, wfuch U> anotiier, would be lhtJe more than unpleasant. 2dfy. The trffcct of each crime on sbcU cry ought to be ascertained, anil this, It is apprehended can only be approached In a , yery remote degree* c To kill A, who is ^a virtuous, intelligent, and active mem* ber of society, is much more injurious than to kill B? who is a worthless vagrant ; 9n the life of the fli%t, the happiness of society may materially depend ; the death of the last majf ' be so far beneficial, as tb disfciictimber society of a drone. No Ifcw giver however, has ever ventured to dW criminat* between thest ca#es. Extreme* ly dangerobs Would it be to discriminate* ami yet witiiout such discrimination, what pretension can there be to proportion ? Mljr. Difficult ii it h lo aicerufn with any precision, the sensibility of the cri minal and the i fleet of the " crime, it ore difficult mult it be to penetrate the motives of the criminal. Man seldom influenced by a simple motive, and yet When 60 in fluenced, it is difficult of dbtettion. The j more complex his motives, the more dif otuliii the task of fixing his criminality, j and yet if pi opdrtiou between panishmeut | and crimes mean any tftihg more than the quantum of punishment necessiry to the suppression of the crime ; it would seem to refer to the sensibility of the criminal, the cffVct of the triimvarid the wiotiftr with \tt-.tcft it was perpetrated. But if thox exa*t proportion , could be ascertained, it Ji* difficult to perceive the benefit that archnertnre ; lh^.mint) in gfti tiffed sHlen ail theparts of a huikling appear calculated^ to effect tbeinirposes lor which they were intended* - *Rbat x crhnirttd Hbwtvir, haS been punished exactly in proportion to his sensibility ; the efTett of his crime and the motives w th which he perpetrated the crime, would afford no pleasure, it U ap? pretifcnded, unconnected with the lu>pe that the crime would not be repeated. On the oilier hand it would appear fastidious lin the extrfcmei tb object to a punishment ; which suppressed the crime, only because it was not in exact proportion to the sensi bility of the crindn-.d, tUe effect of the offence, and tHfc itibtives with Which it had been perpetrated. ^ With these Observation*, yoiif commit* | tee will prdeeed to the consideration of the pcniUrntia: i 1 he reluctance With which this subject ha* always been considered by the legis* l*t me, when prttted upon tijpir attention by executive recommenchtticms, was the effect) it is believed (as ocfw St a ted) of great doObts as to the practical effects of a theory, which thta??h brilliflfit had not been liilly tried, and upon which tttfe grow* in& experience of other states, wobld in v>o paotracted ^ngtH of time, shed a light which wouMdUsipatt all doubt, am) Vljfc cute a decision in every respect satisfae to y. It is to the experience of those states where the penitentiary system has been longest tried, that your committee iiow propose to look lor that l??ht which 'that! confirm or dissipate those doub'a wliu:h have hitherto existed on tliia sub ject. PeiwrtyWanta# where the first Artie* ricari penitentiary hotiae *%i erfceted, tt appeava from a recent publication entitled, statistical View or the Operations of tha penal code of Pennsylvania*' that its opet atiom had ?4 been extremely benefici al for the fn st two yaara after iii establish ment ; thai of two hundred persons Who bad been pardoned* ototy foUr MM Return* At. that period it ' appears fuftbtr, thai u the number of convicts was ao sihall in proportion to the building, that the a* partincnts in ;tha prison and thje prison yard afforded convenient and ample room fertile separation and employ ihtnt ofctba '^he gratid jury of Ph'ria8eTt>Kta, In a - presentment aey/^jthat while they-] ?wfch pleastMVi the hteh degree of ind cleanliness, they ahr compelled by a seftse of duty 4o present as an evil of considerable magnitude, the present very, ^owtfed ?*ate of the |tetittcMi*ry s the titimtter of prifc*tet^, of all classes, con tinues to increase, So' that from aO to 40 hxlged in roomys 1$ fert square li so q^fcaaggggd character offan Kmoffcan prfcm ahafl miliary fyr evei-y vice, in which tlie ruoate *>e?n?|p)|p commas a ftrsti arttf knows none of the arts of n?< \illainy. can %c|rcc)y avoici tfre a tirm VI Inch le^ds to extreme tk-ptavfty:0 ui\ atoear ton her, fmrh the 4?nie ftokA ,|icatfoiif*? that of 451 ro&victs Hhw in ah# penitentiary of Peon*)1 )+*um, t fVI have Been Confined tlu-re I rfore/* k %' / % The fcnmmte?ujhr.r* appntmrij to etfs I rrtlhte into the state of tl?? New- York' f*i [ son^i* their refiort ohs*.?v? . 4 It h ?> f t ^ MX My finh.d '-f eti. e ing the object chiefly in view, but has ob jected thetreasur? toajpetlesof disburse ments, too oppcelKive to^>? cputinueti if they cao In any way be prevented." The cause of this failure is said to be the crowd ? ing together the prisoners, and a lelaxa liou of discipline. appeals, that a Very large proportion of those who have beets commiuedforthe last five or sue years, had been confined there before. liic commissioners appointed io .***? mine the state prison of Massachusetts, in their report complain 44 that the prison |i so crowded, as to . defeat the object for 'J Which the iustitution w attracted." They State, further, 44 that only advantages which the commonwealth appear* to de- i tyre from the establish mem, are-** 1st. The protection afforded the com munity against the criminals during their confinement. t*Si v, V \ ' . 2dly. The value of the earnings of the .convicts, which may lie supposed to be so much K*in, since the greater part ot this class okmen when forge, were at the cl pense of the community without labor. But ihferte appeal s," say the* e commission ers, " Kfttt rsKSbto to suppose that the no vantage first ihentiotM) is more than coun terbalanced by the greater hardihood and more settled corruption which a promiscu ous association ait'ung the convfcti must produce* particularly the foil or.** It ia thought unnecessary to itialle fur ther quotations from the*: publications, a* they ire in the possession or the kgisla tui-e, aiw) CatTfte prbcured1? j ill. ? The most attentive tKamlmttion of these documents* on the pan of the committed, has been followed by a thoi^ugh conviction that the penitentiary system* as far fee tt has bceuyettrigd, haa failed* h tt nM httwever to_b^ concealed, t^Mtl some ho^ yet eftists, that solitary fconfiuenient may be so abortion cd, as tn restore to the sf S* tem, the oonfirit nee whicfe it once posses sed, but of which, for some tune past, ? it has been deprived* ^ - * , > ' - * J Should it iwcceed, k will be gratifying every portion of the habitable world ? and K is not doubled thai in such an event, the legislature ot this slate wiil avail itaelf <>f the earliest opportunity of adopting iha system ; but until it hi* been well tntd and has fully answered, your commitTOe can not but believe* it w uuld be un wise ih,toe legislature to attempt it. The experiment* alheatfy eavrtfnelftTed are to numerous, and Will probably be conducted with so ntth fl ? ability, as will leave rto doubt as to the te stilta that may be uifoi'ded* It may, in deed, be necctftary to m full a'>H fair ex penment of the system, that sonte stats' r. should not adopt it ; lor, & ascertain its value, it may i>e necessory to contrast it With other systems, and this cannot be ''done with advantage if all the states wei e to adopt itl \ It may not be unimportant, evert on the present oecasioh to conitastthe operation* ? | and tflecla of the penitentiary m> stem, i / with the oj*eratttns and efiectsof the sys ! tem Of chuiihaf law now of force in this statfe. To effect this oh J ct; re tutor il# , the convictions which ^hava. taketv* plaice since 179t* have proc^ted most of the clerks ol t|)? disiricl cotiris.> It H td be lamented that ait the clerks have hot cOmphfcd 'With thd' rtuuishiot^s rlhadt ttpdfrtjwiaift Atigwt im<* ftbifcnt tumtffcr however hat* d*?u? prdcti red, tt fa believed, to answer this purposes intended. The comparison will be con* fined to the list IT jreftlfy as prior lb 1 8ob, the co*nty cOtirt system *raC of force, un der Which, justice fra? Aot ortty MnpelUfet ly administered,, b%U the lecords of which were so badly kept as *0 furnish at tlus pa* riod no data from which the timber oj convictions tan be ascertained. The (Mitbhtlary Pmbsyl* tuift has been aelccted for o<wip?mon, ?? it is auppoaed to be the oldett and beet mAnayrtc] in the U. Stat?n, nnd WftD th* operations and effect* of which tire life beet acquainted. * it will appear on a referraee to the ata [ tMtical view of the ope rat iona of the |hcO-| [ *1 code of that State, that tbe ttmtUutftita J from I too to I &QVi both inclume, (tor pen* iteftliary offences) were 1,04$, gitihg ail averse for each ytarvof more than 164. *y t*htyopuURion of that state &ii>MboO| (aa appears b f the cen*tts then tafccn*> tfa* 602**43. Id 1 810, the population had in err air y to 610,09). *htcham><i?ao anfco *1 iDCltfra* ol about average* population of 613,2 1)?, for rhe fen years hrK o/ to Id 10. For this peried therefore tonvir*ioi?a were to Imputation as 104 arfc to $23, *99, ot as I to5<99?. | I'rom l#?0 to liis,)i clti?lte? the con vioiioo* wene |^M(an aveHige of mort than ub for eari* t ? :r-SL The [population piobublt ihcrcased bi eaclf year from I * lb to li|J< in greater iMitn'H ra than from iftoo to I *? I <>? but at' the exaot Increase eannot be ascertained* Uf u.Hl.r computed at ft* i*n?e, UiA diffr. the* cannqM* tny Kivat. 1 hi inalte tfrl fioftaHMfou iVom MHO J <j (3, about 830,845. ? r , , For this period therefore* convictions were to population us 148 to 830)845, or as I to 5,613*- * "*;/ t , t It wduld appear from this statement that crimes had not only increased numerical J iy but in a grsater ratio thin po^UlaUom " I it will appear further on reference bain g I had tp the statistical view that tUfe num ber of unttied prisoners, returned oil the caleudera at the different sessions of lb* cjl* and quarter sessions of tfcie county of Wmadelphia, was? \ For the year 1815 L "* 'V- "ssv* $16; f ; IBl4^-? ^*38 ? ^ ? , f >> V ? *>y 82l" l tois r Had these prisoners been trfrd astmtah the number #f coAtic til would;' have; bfceti $?**t*r for the be years}VhichwouW)co& 'Htcjocntly havfc increased the average number of convictions from .1310 to *lfl$, and ihcrebf facrafete the ratio of crififca for the last period selected for comparison; Vv hy * greater huriiber of prisoner* wero left untried for these years, than usual* is not explained* I t ia 'difficult riot to at tribute it to the system* It is stated in the publication above - al luded to, that the number of co&tltiiont IrotVi 1779 to J78^cboth inclusive, ^ fiftfc greater than frotn 17*9 to 179S j ahd thaj the penitentiary system was not coihmeb i ced before 1786. This statement u made to shew (hat convictions diminished under ^ the peniteotiary system. Th? effect hoWeVermny have b%ejij>ioduccd by o^ber adequate causes at the thne? From 1779 to 1783, the United Slates were engaged in a bloody civil war, tho most prolific parent of crime* $.*&d altko' wv ww entoyin^rauny ofthc blesstoj * peace frcfei B i to *8 6 yet it c&nrot be - posed that during this period society nevcontiuuo to feel many of the eVlls wmcn theHfccetnious habits of civil war are calcu lated to cirgendet*. To Compare these J two Period* thetv is \o aid the penitentiary ?*y*tciii w hh alfrtWadvantu gc* fot peace "order ;u?d ?0?d ICQvemnient, uud to rlog the former penal cotfe of Pennsylvania with, alt the Irimw* of a civil war- Our nhjrrt hnWr i ever, i* iU* t b compare the . Penitentiary, system of Pennsylvania yiith lie formpb penal c of * of that state, but to compare it W!th the jxcnal code of Misstate. . . ><.,< By the returns of convictions from 1>O0 to 1810, both inclusive, it appear* ther$ were in this state, 142 convictions for petv t ;u t i* r y eJfcn ce jure rag*, of 14 per year# rr t . From 1 800 id 1815, the convictions wcrl; 6*, which Kivessn average of la p eryeatv r Tht- population of thia state in 1 SOO, wa* 199,4+0 ? in >810, tl$ population tad lit* created to Si 8,750, which afibrds a SfuAl anual increase. t 1 n ?m it.H suternent it kp{>eart that con* vlctW* |mve not only not inert ased in a ratio vritU the population, but have numer ically Uilnini?hed}*<^^ :A witty* Aft wa arte unacquainted wftfi c?ep ailft; circumstances peculiar to this?tstc, which were calculated to lesson ccfraea, ^rwilbAf ' circumstances peculiar to I'ensyivania, ?which were calculau^Mtocrease thevty w4 are induced to coclu<fl| ft the penal fAdtt of this Mate, irti*ic?fo?asit is, has been productive of more benefit than that of t'enfeylvsnia* * , V jo** A.onyn i 1 1 ee^a re therefor# induced to recommend, that the "penitential? sya I temhe not Adopted ,*t?id jtiM the ? penif cocleofvhU state Bi|glended as che bill ber^ with reported, proWleS for. * DASttL K. HUGER# ' Vhuinnan of CdmMUtet aft PenalfiHU. .,.4 j/ ? y? t :J*'\ j/fMKt. ? * ? . 1" a 'To tiler and amend " A ? * 'V Be it cn^cted by the WTOFTWT W ffy* ,J r /W C&# jft Ate aiut House of It pewon or praoM ? irhatwwer be collet edof MMuiMfauKhter, be, she be Imprfcimed, hi* exceeding 'tweW month*, nor teM than tlx tnontM ; itt& sfmlf moreover b? fin'cd in mich mtti ?? tb? court ibttd m it* ?' ' ? k'ltfa SfigPt shaUbe aCoer r^omMorf It#; yftijafoctad \r*\ *a?anegro. ?l?re, or free pfcrMtt j eokmr, lie, sh^orthef befog *o cpntft * tUmll suffer cleatli without betuAt 6f cHj as if) Other case*, offender fotfnd Ruik mil r<\v, r, *t* ?cca*t*m*tf to do ? Weiy&f Or p< i *>ne W iottvic SlW^htaH tf Uie poiWittModP wife a trt*l flare or free perton of jCol<*iK fie she. Lt ['they beta* ?o coMvietotf, ttball be )Wed,^ five hunaivH wtel^rtj^g iifMb tMroft,' shall be Hnpnwqed lux months on Km \ I sakf 5t>e be ?Oduft paid #- VnMAe'4 '& fccthto?lfcfein c<fef aioecl, shall he- take*