Camden gazette. (Camden, S.C.) 1816-1818, January 31, 1818, Image 1
GAZETTE.
smtK
9 i a.
V glume II.)
CAMDEN, (S. C.) SATURDAY, JANUARY 31, 1818.
(Number 94.
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THE COMMITTEE
\4fifiomted at the close qf the. last session?
kk 7'e enquire if it ke expedient to alter
the Penal Code qf this state ; and if
expedient* xvhat altiftftois were requir*
ed?' beg leave to BEPCH 7*?
THAT they were prevented, by cir- |
' emmtances, from assembling dicing the
*receae of the legislature, and have there- !
fore nc- given to the subject, tliat protract
ed consideration which its importance
would teem to require; The reault how
levety of such enquiries as the committee
fray# been able to make since the com
mencement of the pmettt ewkb, they
How beg leave to submit; Main* it to the
legislature |o determine whether further in
formation be necnssaiy to aft ultimate de:
etsion.
An alteration of the penal code of the
state appears, from reiterated executive re
itiiing i t4 ?aiai iili Ammirn
lUHv) w VuWII Uipil *
cdand long expected;. as yefc legislative
Motion has not yleWed to exectftive im
Crtunity. This caution, it is believed,
s been the effect, not of any supposed
perfection In our criminal law, bnt of doubts
as to the policy of adopting the particular
alterations recommended. That some al
terations were required, has never been
dented j that some alterations are now nc
, eessary, the returns of convictions prove.
Jfefany offences are frequently committed, ,
which our penal code wss intended to sup
press, and which, it is believed, can be
>up?ressed, or very much lessened.
For these evils, "two remedies haVe been
' The adopttoxr of the penitent!
ary system, or only so to alter our present
laws, as to incrcaso qr diminish the quan
tum of punishment now apportioned.
Each of these rcfaedks has its advocates ;
- both in the opinion of your cotiunittee^are
Tf system will be fir* examined.
Before however, w? proceed tathis ex*
amination, a fipw observations will be sug
geMcd, intended tp establish certain' propo
^ Sttionn, which, without pretending to a^k>
f matic truth, are supposed sufficiently cor
rect to induce general acquiescence.
Although the novel situation in which th*
people of the United States have been
p!aoedt has rendered the' leaaons of ex
- peripnee of less yinnivcrsal importawei here
thatyelsewhere, U is nevertheless believed
thit experience here ss elsewhere, will ever
jtfoirf the best source of wisdom, andsur
? # foundation* of -policy. This truth, tho*
>m denied, is pot unfrequently forgot
disregarded,
ft may not be Uiumportant> on this^c
enMon, to recill to mind that tpemorable
intUnce of the fallacy of human wisdom,
when' speculating upon laws and govern
ment, recorded m the early annals of our
ewn country. Mr. Locke, the profound -
?Ht philosopher uf ius age, furnished a
or South
tn*nt#hd
every rospect.
been able to
grew* out
-/faankincMfl
* ^ ^LuCUjL
kent ai>d system uf laws
MfC Locke's govern
nown to have failed, in
?ply laws which hafve
the test of agee have
progressive exigencies of
are9 the teasonaef expe
iggestions of speculation,
i and LycurtfAa have paiwi
Tfce common and civil laws
tor ageaand*will probably con
to ace# to come|v
proper object of punish
* mef Crimea, lea pro
unieersaiir admitted,
the estimation of yo\ir
disclaimed ? The
?HptjM
? tT the moat
> repeated by
crittia the law
t: r^> *K?v i ? swjy
? ^ u?, Is rcgtf#d as (ancl
fcil net ntactleal ; society cannot b? com
Litiseted. for a crim* } frKmy cannot be
w?rka4fWi-^4i4 If felony could l>e worked
M k t???t elway^ jMH more labour^ or
what is equivalent to labour, to se^f^S
labour of a criminal, than his labour can be
trovth.
'Any ?*|ier proportion bttween punish- '
rt and crime, than that which effect* -
IfMppresaiun of the crin|e9 is regarded
d?vi%onitvy. Could the smallest offence be
euppreatad by the greatest punishment,
%M?ay ou?c^t to be attached, If the great
sat crhnas could be prevented by , the amall
oat punishment*, it ought to be apportion
ed ; could the same penalty prevent every
eriraa, there should ne btftoae pfeneKy,
To proportion the punishments wUh any
ai precision to the crime, would
appear *> involve the lollowing difficulties t
ia I pleas, the ef the
criminal ought to be ascertained ; for the
same punishment would af&ct very differ
ently persons of different degrees, of sensi
bility : to one, that % punishment might be
torture, which to aiK>thcr, would be little
more than unpleasant.
2dly. The effect of each crime on soci
ety ought to be ascertained, and this, it is
apprehended can only be approached in a
very remote degree. To ktU A, vrho is
a virtuous, intelligent, and active mem
ber of society, is much more injurious
than to kill tt, who is a worthless vagrant ;
on the life of the first, the happiness of
society may materially depend ; the death
of the last may be so far beneficial, as to
disencumber society of a drone. No law
giver however* has ever ventured to dis
criminate between these cases. Extrewte*
1y dangerous would it be to di sen m mate,
unci yet without such discrimination, what
pretension can there be to ptfbportion ?
3dly. Difficult as it is to ascertain with j
any precision, the sensibility of the cri
minal and the effect of the crime, n ore
difficult must it be to penetrate the motives
ol the criminal. Map is' seldom influenced
by a simple motive and yet when so in
fluenced, it is difficult of detection. The
more complex his motives, the more dif
ficult is the task of fixing his criminality,
and yet if proportion between punishment
and crime, mean any thing more than the
quantum of punishment necessary to the
suppression of the crime ; it would seem
to refer to the sensibility of the criminal,
the effect of lUe crirje,' and uhe motives
with which it was perpetrated. But if the
exact proportion could be ascertained, it
i* difficult to perceive the benefit that
would Akult. We admire proportion in
^rchttectiirc ; the mind ia gratified when
atl the parts of a building appear calculated
to effect the purposes for which they were
intended. That a criminal however, has
been punished ex ictly in proportion to. his
sensibility ; the effect of his crime and the
motives wth which he perpetrated the
ciime, would afford no pleasure, it is api
prehended, unconnected with the hope
that the crime would not.be repeated. On
the other bund it would appear fastidious
in the extreme^ to object 10 a punishment
which suppressed the crime, only because
it was not in exact proportion to the sensi
bility of the criminal, the effect of the
offenca* and tha motives wiU? which it had i
S^eeft perpetrated. v '
With these observations, yourcommfr
tee will proceed to the consideration jf the
penitential y system.
I be reluctance with wh?ch this subject
hat always been coHMderttl by t lie legis
lature, w he u prcsstd upon their attention
by executive it-commendations, ^ the
effect* itli Meved (at before stated) of
great, doobtt a* to the piactical effect* of a
theory, which though brilliant had not >
been lully tried, and upon which the grow
ing: experience of other states* would in
no protracted length of time, shed a light
which woutd dissipate all doubt, and pro
cuie a decision in every respect tatisfac
to y. It is to the experience of those
states wh?re the penitenli*f?fefstem lies
been longest tried, that youf "committee
now propose to look (or that light which
shall confirm or dissipate those flnubts
which have hitherto existed on this sub* ,
'VgW .1* ' i ' . ' ? . r ' ' V,;' >
In Pennsylvania, where -the first Ame?
rlcMh penitential y house was e rectal it
appears from a recent publication entitled,
i% A statistical fitw of the operations of
the penal code of Pennsylvania," that its
operations had " been extremely btneAci*
a) for th^firat two y*ara after Us establish*
^ merit # that of two hundred persons who
had been pardoned, fiity four had return*
td.'* At that period it appears further
that u ?Jie number of convicts was so t mall
; in proportion to the building* that the a*
I pertinents in the prison rod the prison
I yard .afforded Convenient and ample room
'for the sepii^tion and employment of the
The.fcrand jury of Philadelphia, In a
recent presentment say, u *nat white they
notice with pleasure, the high degree of
order and cleetllinese, they are compelled
by a tense ot duty to present as an evil of
considerable magnitude, the present very
crowded state 01 the penitentiary t the
t number of prisoners, of all classes, con.
tinuea to increase, so (hat from sO to 40
art lodged in rooms It feet equare t ao
many we tlm* crowded together, that the
huuHmion alreidy begins to nsenfjw.ibe
character of *n European prison and# ?'/ '
* minety for every vice, in w^iicb the On for
tunate beVng who commit* a first offence
and knots none of the arts of methodised
villainy, can scarcely avoid the cow^iiina
tion a liich leOds to extreme diprirvity
It appeer^, farther, from the mmc pith*
ticstion, "{hat of ill convicts noW in the
^penitentiary of Penney Nania, 161 have
been confined there before.'*
The c^mmiss'oncrs nppointed to er*
mine into the state of rhe New- York pri
son, fn their rejmrt observe, 44 It ha* for
* eitfci time pattp net only failed wf effect
ing the abject rhitffV rn view, but has sub
jected the treasury to a series of disburse
ments; too oppressive 10 be continued if
they can in any way he prevented.'* The
cause of this failure is said to l>e the crowd
i?i? together the prisoners^ aivd a relaxa
tion of discipline, it appears, further,
that a Tery targe proportion of those who
have been committed f'?r the last five 01
six ye+r?> had been confined the^ie_5et?re.
The commissioners appointed to exa
mine the state prii^>n of Massachusetts, in 1
their report complain " flrat the prison is J
$0 crowded, as to defeat the object for j
which the institution waa erected," Theyj
state, further, 44 th?t the only advantages
which the commonwealth appears to de
rive irons the establishment, aie ?
1st. ^Tbe protection afforded the com
munity against the criminals during their
confinement,
2dly. The value of the earnings tof the
convict* which may he supposed to be v*
much gftivh since the greater part of this
chiss of men wl>en large, were at the ex
pense of the community without htbor.
ISttt there uppears," say these commission- I
ers* M great reason to supfxiae that tire ad
vantage first mentioned is mote than coun
terbalanced by the greater hardihood and
more settled corruption which a promiscu
ous association among the convicts must
j producet particularly the young."
It is thought unndcwwry to make fur*
ther quotations from these publicatioui, u
they are in the possession of the legisla
ture, and can be procured by all*
The most attentive examination of these
documents, on the pan of ilie committee,
has been followed by a thorough conviction
that the penitentiary system* as Jar as it
has been yet tried, has ftnled*- It is notn
however to be conceal**!, that some hope
yet exists, that solitary confine men t may
be so apportioned, as to restore to the sys- ?
tern, tbefttoBdence which it once pos?c?*
sed, but df which, for some time past, it
has been deprived*
Should u supceedrTt wIH be gratifying'
to humanity to see its benefits extende^to
?v?i y portion of the habitable work) ; and !
it is not doubted (hat in such an event, the I
legislature of this state witl ?*atf itself of
the earliest opportunity of adopting the
system ; but until it has been well tried and
has fully answered, your committee can
not but brfteve, ft Woufi) be unwise in the
legislature to attempt it. The experiments
already commenced are eonume ious, ami
will pit>bably be conducted with so much
ability* as will leave no doubt as to the re
sults that may be afTordied. It may, in
deed, be necessary to a full and fair ex
periment of the system, that some states
should not adopt it ; lor, to ascertain fca
value,, it may be netfcssar^ t? contrast it
with other systems, and this cannot be
dqne with advantage if all the states were
to adopt it*
It may not be unimportant, even on the
present occastoh to contrast the operations
and t fleets of the penitentiary system,
with the operations *ik! etiect* of the sys
tem of criminal law now of force th this
state* To effect this fil> j ct, tr turns * of
the convictions which have taken place
since 1799, have been procured from
most of the clerks of the district courts.
? It is to be lamented that all the ck?hs
i have not complied with the requisitions
made upon them in August last. ?A . suf
ficient number however hare tfceh procu*
| red, it is believed, to answer the purposes
'intended. The companion %?ll be con*
firmed to the last 1? jeers, as prior to tftOO,
the connty court system was of forcev un
s der which, justice was not oAly imperfect*
|y administered, but the records of *hich
were so badly k' P1 UN 10 furnish st this pe.
Qpd no data from which the number o4
convictions can be ascertained.
Th# penitentiary ay stein of Pennsyl
vania lias been selected for comparison, as
it is suppt-sed to be the oldest and best
managed in th* U. Stales. and With the
operations and* fleet* of which wo ore bast
acquainted. 79
It willappeeronarjefevenceto the eta*
tiatical vie** oftheopenittaoe of the p?n
i jtl code of that State, that the conviciione
from 1800 to 1808, hotl| inclusive, (for pen
itentiary offence*) were 1,045# giving an
average for each year, of more tl>en 104.
The population el that etate in 1800,
(aa appears by the centna ^?en taken.) wea l
601,848. In 1810, the population had in*
create? tot 10,00 K which afford* en anon*
al tacrtaae ol about ?ofT54, and an average
population of foe ?ite ten yeara pri
or to 1810. For tub period therefore
?onefctk??a ware to population aa 104 are
to 688 889, or a# I to s.893.
From I8IQ to llll. inclusive, the con
viealend werejjpo, fitiog an average of
more than Mylar each fear.
Tlie population probably increased in
each jreaMromlilOto 1818, in . greater
number* than from 1 800 to 1810* but < at
the exact increase cannot be aacerteintct, it
will be computed it the earne* the ' difTer
, enee cannot be vir^wtt. ThHt wottM.
mike tire average pttt*jt*t?en ft+t* itiia
t
to 18 15, about 830 845.
For ibis period therefore, convictions
we 1 1 to po|Hjlulioii as 148 lo 830,843, or
us 1 lo 5 6 1 S.
It would appear from thi^ atitement that
crtmes had noi only itnireased numtrn al
ly but in a greater ratio than population.
It wdl appear further on r^erencc bcinjj
had to the statistical view Vnat rtte ntim*
bcr of untried prisouets, returned oti ill
calender* at the different sessions of the
city and quarter sessions of the county of
Fhtladelpuia, was-?
For ll?? year 1813 516 % -
- * r *aitT t'V
1815 829
1816 . . 105S
Had these prisoners been tried as usual,
lh? number ui convicts would hute been
greater for these years ; which would con
acquently have increased the average
number of convictious fiom 1810 to It 15,
and thereby increase the ratio of crimes
for the last period selected for comparison.
Why a greater number of prisoners were
left untried for these years* than usual* is
ybDl explained. It is difficult not to at
tribute it to the system. ? ~^4 ..
It is stated in the publication above al
luded to, that the nunrber of convictions
Irom 1779 to 1780 both ?nchwve? Jieni
greater than fromT78Vto 1799 { and thai
the penitentiary system was not commen
ced before 178$. This statement is made
to shew that convittiin* diminished under
the penitentiary system. This effect
however mi-y have been produced by other
adequate causes w^ich existed at the time.
From 1779 to 1783, the United States <
were engaged in a bloody civil war, the
mow prolific parent of crimes; and altW
wa Wore enjoying many- of the blessings of
pcace from'83 to *86 yet it cannot be suj*
posed that during this . period society did
not contiuue to fteel many of the evila which
the licentious habits of civil war are calcu
lated to engender. To compare these,
two Periods the%it to aid thejenitenuarjr
system wftti alt The advantages of peace
order and good government* and to clog the
former penal code of Pennsylvania with alt
the crimes of a civil \rar. Our object how
1 ever, is not to compare the Penitentiary
1 system of Penney Wania with he former
penal code ofthatsute, but to compare it
with the penal code of this atate.
By the ^mtm of convictions from 1800
to 1610, both include, it sfppeara there
were in this state, 141 cdnvicitons for pen*
tentiary offences, which gives an averagi
of I 4 per year*
From 1 800 to 1816, the cftmvictioni^irert
62, which gWeiw avettfgeof 12 per ye* r.
The population of this state In llop, wa?
?w,440| in )St6, the population had in
creased to 918,750, which affords a twal
an uu line rente. ' f';'' *.
KroMthiiuatemfM it appears thai con*
victions have not only noi increased in 4
ratio with the population, but have ftOTner
icaMy diminished.
As we are unacquainted with ivcn anf
; circumslanccs peculiar to this state, which
were calculated to lesson crimes, or with any
circumstance a peculiar PensjrlVtnu,
which were calculated to Increase tham, We
are induced to cociude that the penal coil#
of this state, imperfect aa4t is, has, been
productive of more benefit than that of
I'ensylvania.
Your committee are therefore induced
to recommend, that the penitentiary sys
tem be not adopted# and that the , penal
code oft his state be amended as the bill here*
with reported, provides for.
DANIEL E. HUGER.
Chairman of Committee en PehaljQedft
; . ? a Sijfc#'V 'J
To alter and amend the J'tjial Code
tkU State. . y
Be tt enacted by the hgqgftbln th?, Sen
ate and Housfc of Renrajfetadvea, now
i met end sitting In general SjHtahly, and by
end with die authority of th#r seme, 1 hat
from end after the pitfng of this set, if Any
person or persona whatsoever be ccfadct
ed of manslaughter, he, or they jihalf
be imprisoned, not exceeding *t*elvc
mouths, nor less that six months * and shall
moreover be fined in eutna* the
court shall in its discretion think !}t/
ThetJnuU cases of bomoOdo* the trlsT
shell be* eccosding to thneofcrse ef th* ..
common U*r > s?l if JP?** or per***'
& convicted of murdt r, if the person kii
was a negro, sieve, or free person of
colour, be, she or they being eo tWiCUd,
shall suffer deeth without benefit of clergy,
as in other cases, offenders found guilty of
murder, Sr* accustomed to do. And if any
person or persons be convicted of main
slaughter, if the person killed waa a negtc,'
' stave or free porsonof Cflj&ttr, he sbe ot
they beinK so convicted, shell he fined in
five hundred dollars; and Upon default,'
?h*|l be Imprisoned six months, unless the,
said fine be soolVer peid i* Provided that
nothing herein contained, shall be tikfn te
? extend to the' trial ef aUv?Mccording to the
provinioftn of a certain act, entitled 44 as vu V
? fir lite better ordering g^Ae'rniiig uV