Camden gazette. (Camden, S.C.) 1816-1818, January 31, 1818, Image 1

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GAZETTE. smtK 9 i a. V glume II.) CAMDEN, (S. C.) SATURDAY, JANUARY 31, 1818. (Number 94. PRINTED BY cfiORGs rr. b. H.iRnr. For thi Propr i ctor). The price to Subtcriber* is $3 fief annum erchixive of po-*ta$c ; aud in alt casta where. <Jt*pcrt rbali be tltlrvered *t the esefien** & he publisher , the price W& be $.1 50 a yar, to be fwid *ix ntynth* after lubtcrbtrrg' 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