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Volume II.) CAMDEN, (S. C.} SATURDAY, FEBRUARY 7j 1818. (Number 95. PRINTED UY For the Proprietors. The fir ice to Subscriber* is S3 per annum exclusive of postage ; and in nil cm9.cs t v/irre Jta/iers ahull be delivered at the exfienae cj he publisher ? jhe firice trill be 50 a year, to be fio id *ix months a/ler subserbirjg* THE COMMIT I LIE .1/ifiointed at the close qf the lait session, ik To enquire if i: be expedient to alter the Penal Code of this state ; and expedient* iu hat hltctat tons were reyulr- , tdt" beg leave to REP OUT? THAT they were .prevented* by cir turriktances, from assembling during the f^ccss of the legislature, and have there fore not given to the subject; that protract ed consideration which ii? importance ?would seem to rer/trrre. The i*esull ho\y Sbver, of such enquiries as the committee been able to make sinco the torn ?inencement of the present sentioji, they n flow beg leave to submit ; leading it to the legislature to determine whether further in formation be necessary to an ultimate de cision. An alteration of the penal code of the state appears, from reiterated executive re commendations, to have been much desir ed anu long expccted; as yet, legislative taution has not yielded to Cs.cc iriive im portunity. This caution, it 1* believed, has been the effect, not of any supposed perfection in our criminal law, but of doubts , as to the policy of adopting the particular ulteratious recommended. That son\e al ? teration* were required, has never been cl&iicd; that some alterations arc now ne cessaj*y, the returns of convictions "prove. Many offerees are frequently committed, which our penal code was intended to sup- - press, and whic.h, it is bdlieved, can Ihi , suppressed) or very much lessened. For the?*e evils, two remedied have been suggested. The adoption oftint penitent^ ^17 system | or only so to alter our present laws, as to increase or diminish the quan tum of punishment now apportioned. < Eachof these remedies has it a advocates ; both in tlie opinion of your committee are ry system \?i(J be firft examined. Before however, we proceed to this ex amination, a fe^ observations will be sug gested, intended t6 establish certain propo sitions, which, without pfetending to axio matic truth, arc supposed suflicientiy cor rect to induce general acquiescence. , Although the novel situation in which thfc people of th(5 United State? havu been plated, has rendered the lessons of ex perience of less unnlvcrsal impottanc#hore than elsewhere, it, is nevertheless believed tlmt experience here as elsewhere, will ever prove the best source of wisdom, and suj{* est foundation of policy^ This tr*uth, tho* * scldoYn denied, Is not unfrequently foi got ten, or totally disregarded. m It may not ho unimportant, ongthis oc e^vsioni to recall to mind that memorable iiibtance of the. fallacy of; human wisdom, when speculating upon laws and govern ment, recorded in the early annuls of our own country. * Mr. Locke, the protoumW tsi philosopher of his age, furnished?a form of government and system of laws ,er Soutt*-Carolina. Mr. Locke's govern* tnent and laws are known to have failed in every inspect. The only laws which have ? been able to stand the test of ages have urown out of the progres&iro exigencies of They rare the lessons of expe rience j not the suggestions cf speculation. #Tho laws of Sol<yn and,Lycurgu:> hwe pis* Cd away. The common irnd civil laws have lasted forages and will probably con tinue of fbrcafar ages to Cbme. Ttyt tb* only proper object of punish ment is tfte prevention of crimes, is a pru Jjosition, though rtot universally admitted, dsasntiully correct in the estimation of your committee. ?' ! 3faadiet\ve ? justice is dUdaimbd? Th? tawj which pitaWfceH canpot feci, the law & nhui^tbre csnitot be vindictive? ~If the most ^ftormotv.i crime could n6t repeated by the offender of another, that crime tbo Uw ittght not to pu ttjmP*? ... v v Retributive justice is regarded as fanci ful not practical ; society cannot be c.em > jKJttsated for a c^mev felony cannot bo worked out ? ind if fiftony could be Worked ^uf, it most always cost more labour, or what m e^nivatcnt to ttfljour, to secura fhe labour of a criminal, than hi* labour can be woilh. ? ? # ,Xny ot*her proportion between ptmish r^nt ami crime, than that which effects the suppression of tb? crime, '.U regarded im? visiou^r^s Could the smallest Offence he tmppr*vMcd by the greatest punishment, they ouf,V to" bV attached. , if the great er. crirnos could l>? prevented by the small est punishments, it ought to be apportion* cd ; could tivr". wnu* penalty prevent every ? ?M*ie, there should be hut one privity. *r' To piv^.ntion the punishments with anf driver <?! pr < to the crime, woftld *j*;? i?r t-? ?u\'?nv the U>llo\vini( diflkultVit h: f vi?* urHt '(^vC. the i?ev,.-.\lii!Vy of tac criminal ou^ht to l>e ascertained ; for tiy; ently ptrsons of different degrees of sensi bility : to one, that punishment might be torture, \rhich to another, wtxrid be littic more titan unpleasant. 2dly. The e fleet of each crime on soci ety ought to be ascertained, and this, it is apprehended can only be approached in a very remote decree. To kill A, who is a vhtuous^intedigent, and active mem ber of society, is muck mo\e injurious s than to kill B, who in a worthless vagrant ; on the life of the first, the happiness of m?c.c?V may mai^nid'.y (Upend ; the death i id l txe lastJUiay W so tar oeneticial, as disencumber society of a dVone. No law .giver however, has e\er ventured to i!i* criminate between these i use*. hxtrenie ly dangerous would it be to discriminate, ana yet without such dKcr iminution, what J pretension 'Can there be to proportion ? 3ctly. Difficult as it is to ascertain with any p'tci^ion, li.e sti.biL.iht) oC, the cri minal and ti e ettccT c?f the crime, nr.oic eldfteult must ?l be to penetrate the rrottoes | of the criminal. Mu!h is seldom influenced i bv a simple motive and yet wh'-n so in. ?fljenced, it is diutcuii of u;lt? ii?4*. The more complex his motives, the more dif ficult is the task of fixing his ct nuinwiny, ?and yet if pioportion bet wet i? punishment and crimfeT mean any thin^ more 4Uan the quantum of punishment necessary to the Kuppri-ssiwivof the c'Htie { it would seem to refer lo the St ns-.bihty of the crtnifli*!, the eftVct of the crtmc, and the mo'ives with which it was perpetrated. I5ut if the exact proporin,:? cou'd be uscei u.ned, it i 6 difficult to perceue the benefit that would rotiit. We udmite pioportion in arc In ice lute ; thc_miiid ne-? tut i lied when all the pails of a t-jiltiiny, appear calculated to eiVeCt the purposes lor v. inch they weie I intended* 1 hai a criminal however, has been puniibtd ex ctly in proportion to hfs ' sensibility ; U>e rtHctof h?s cringe and the motives W th winch he pcrpittaied the ciimc, would afliyid no-pteasure, It is ap prehended, unconnected with the hope that the dime would not he repeated. On the other hand it would appear fastidious in the extreme, to object to a frumshrfteiit which tmppiessed the crime, only ber:i"sc it wii? not in exaci proportion to the visi bility of the criminal, the ?ifleci of the offence, and the motives with whiciTiHn*tl been perpetrated. . With these obsei vatinns, your commit tee ?ill procecd to the confide fa lion or the penitential y system. \ 'I he relgctancc vith wlrrh this subject has always been cuh>idei td by the legi* I a lure, w?.en pressed upon ilitir attention by executive recommendations, w;ts nu: elTcClt it is belie ved (a<* before stated) of preut doubts us to % lie ptaettc.il tUcctsoi- a theory, which though brilliant. had not l>ecn lully med, ami upon which the ??ow iog experience of oiiht states, wt>riid*in no protract&d length ot lime, shed a li^ht which would di?*i.pate all doubt, u 11(1,4, 10 cure a decision in every fesp? ot satisfac _lo v., It . is to the t>q>erience of those states' whert the penitentiJuy system has been longest tried, that your committee now propose to look lor that Vur^t which shall con tint* c.T dissipate tnose doubt* which , trave hitherto c&isUd on this sub* ject. JiV Pennsylvania, where the firtt Ame rican penitentiary IrmtJe was erected, it appears from,* recent publication entitled, I , ?? \ statistical View ot* the operations of I the penal code of Penury Wau>??" that u? operations had ?' been extremely benefit i al for the first two" yturs alter its establish Hieut ; that of two nundted persons who hud been pardoned, only tour had return 1 td." At that period tt appeaf* inriher, I that c* ?.he number of convict* was so small I in proportion to the building, thai the u partmenta In rbe prison and the piison vafd a (Tattled convenient and ample ro6m for the separation anil employment, of the Convicts*" ?\ The graUd jury of PhiUtdelphia, in a /ecent preset ment say, that while they notice with pieasujtf, t!>e hi^h decree of 1 order and cleanliness, thSy are compelled I by a sense of duty to present as nn evil of considerable magnitude, tire present very crowded *f ate or the penitentiary: the |. nnnibef of prisoners, of alt classes, con tinues to increase so that Ahoun aO to 40 are lodged in rooms 18 feet sqbsre 1 aoj many are th is ctotfded together* thattitfMj institution already begins to assume the j character of iin MuiopCan prison and a f m minory for every vice,, in which the nufor" intrant beinfc who cotnm?ts a first offence and knowsnone.of the arts of .methodised* villain/,- can scarcely avoid the contamma tion Which leads to axtremc depravity." It appeafs, further, from tl?e same pub lications u that of 4Sl <onvicts now n> the penitentiary of VeUnsvl^ania, 161 have been confined thuru before." T^e eommi^MMicis appointed to exa mine into tbfc sta%e of the NV.V-York ori son f iirvheir rrj>ott oh?*eive, "It ha*; for , an mc time past, uji only foiled uf eiT-.c* ing the ?bject chiefly m view, bm has sub jected uic Treasury 10 a series of disburse* inents, loo Oppressive to be continued if tiicy can in any way be prevented." The cause of this failure is said to be the crowd ,l,? together the prisoners* and a relaxa tion of discipline* It up}H:?Hs, further, that a very lar^e ptoporiioti oi" ll.ose who have been co.mnniled f?>r the last t\ve or six years* had been lonfmed there bciote? The commissioner* appointed to exa mine the slate pii&on of Massachusetts, in their report complain u ihat the prison is | so crowded, a* to defeat the object f??r | uhich the inHtiiutiou was erected," They stale* further, ki mat ihe only advantage* Mjnch the commonwralih appears to de rive from tbe establishment, are ? I s? . The protection afforded the com munity against the criminals during their confinement. '-Mly. The value of the .comings of the convicts* which may l>e supjwxed to be so much gain, since the greater pun ot this ciass of men when lat'^e* were at the t x pen^e of the community without labor. Rut there appear*," sn) these commission i f rs, i4 i?r?ua reason to suW)o>c tl>at the ad vantage tirsi mentioned ivhiore than coun terbalanced by the greater hnrdihood and more nettled corruption t>hich a ;? omisqy* oim association among the convicts must produce particularly the young." It is thought unnecessary to make fur ther quotations from these publications* us -ihey k;e in w?e jJovscs*itit> of the legisla ture, end can bt procuVed by all. ?The nAost attentive examination of thfcse documents, on the pan of the committee, has been followed by a thorough convicjjon that the penitentiary system* as far as a has l^en yet tiied* baa-faded. It is not however to be concealed* that some hope yet exists,., that solitary confinement may *be so apportioned, -as to restore to t:>c ?-)s temy the confidence which it once postes std, but of tthich, for soinr ti:we p.?*t| it lias been dera ils: .. ~~J' Should it sviccctd, ft will he Rrat>f)itij? to humanity to see its bench;* <. x. ended to every portion of Uit h*ia..ible world ; ai d it is not doubted (hat in such an event, the legislature of this stale wi I avail itsdf of system ; but until it !?as b??.n vvcii tiutf and has fully answered* ytour committer can ii' 't but behevt, it vmuid be un^ist it ? li e legislature at'.einpl it. The experiments ^ajreutly commenced ate. toitumuoiis, and wiHptobably be conmicU'ri with so much ability* as will leavt! no doubt as to the re sults that may be afforded. It mny* in deed* be necessary to u full a*><! fair ex. penuient of ttic system, that some sta ts should not adopt it ; lor, to ascertain its value, it may be nect*saty to contrast it with othetf systems* and li is Cannot be d.?ne with advantage if all the states were to adopt it. h may not b? unimportant, even ont'?e present occasion to contrast tl.e o^cvattons and cCccH of the ptintcuiut y system, with i he opciutions unci effects of tl.t 1>\ s Uin olVcriminal Uw now oi' lotx? Hi this st itc* To effect thrsiobi a, returns of the convict ion ? which tjavc taken place sincc 1 799, have been procured ITTnm mo\t of the clerks r?l the district couiih. it is to be lamented that all the tleiks have not complied Wuh the requisitions jYi aide upon tht: in in August fusi. ? A suf ficient number however have been piovu icd, it is Oel.eved, to an\we? the p??i poses intended* ** The comparison will be i on. fmed.to the Inst 17 year*, as prior to 1 Boo, the comity court *)s:em tvu* of force, tin der which, justice was not only impel feci ly administered, but the refolds of which > were so badly kept as m furnish at thi* riod un data fioitt which the number o< convictions can l>e ascertained. Th* penitentiary system of Ptnnsyl vaoia has been selected for comparison, as it is imppfrftcd to be the oldest and bent managed in the U. States, and wVth the operations and e Meets oi which we ate best acquainted. It will appear on a reference to the sta tistical view of the operations of the pen al code of <h;it State, that the convictions ? fVom ! 800 lo 1 809, both inclusive, (for pen itentiary offences) were 1,045, giving an \ average for each year, of more thun 104. I lie population of that State in 1800, i (ns Appears by the cerwtus then taken.) was 602.545. In 18 la, the population had in crease)' to 6 10,09 1 * which affords an annu al increase ol id>oiit 70 J ?4* and an average Imputation of 63%399, for the ten'yeais pri or to 1810.. For this period t here lore - convictions were to populating as 104 are to 623 199, or as I vo ? * 95* From 1810 to 181 5, inc lusive, the con. vtetions f(fi 8#0, giving an average of ! more iltaW 148 for each year. 'I he population probably increased in ' et< linear from 1 8 10 to 1815, in, greater numbers than from 1800 to 1810, but as the enact increase cannot be a-scertained, it will be computed *V the same, th?- diffei - ence cannoi be very *?r< at. I h>% would J , u Skc the tivera^c popwlktion T'miri 181ft ^ . For" i hi* period therrforc, conviction! weie to population as U8 lo 830,645, or us I lo .>,6 1 3. It w'ould appear from this statement tin. I crimes had hot only increasceLnumciit*! \y but in a greater ratio tfcaa ne>pulution. li v\ til appear further on i%Yt.rcnce bein^ had to thV statistical \tcw that ^he num ber ui prisoners, returned. on the caiti-dtrs at the different of thi? cily unci quarter sessions of the county <>C Philadelphia, wub? lor the year 1813 516 1814 53# lb 1 3 8U9 I* * * 1816 1058 Had These prisoners Uten tried as usu&U I the number ot convicts would h&Ve been greater tor these years ; which Should con sequently have increased the average number ot convictions tiocn ISlOio 1815, and ihereoy increase the latio ol crimes lot* the last period selected lor coinpaHsori. Why u greater number of prisoneis were left untried fur these years, than usual, is not explained. It is difficult not to at~ tribute it to the system. It is stuted in the publication above al luded to, that the number of convictions trom 1779 to 178G both inclusive, were i greater than f?om 1789 tt/ 1 793 ; and that the penitentiary sysem was not commen ced bfcfore 1786.. This statement is made ^to shew that convictions diminished under the peniu-tfjbry svsiem This eiVect however mufnuve been produced by other adequate causes which existed at the time, from 1779 to 1782, the Unitetl States were engaged in a bloody civil 4 war, tho most prolific parent of ninfes ; and allho* ^c were enjoy ii*gmuny of the blessings of peacc iroiu'SC to '86 yet it cannot be. sup posed that during this pcriud society did not contiuu? to leel many ol the evils which tlit: licentious habits of civil waratrc calcu lated 10 - engender. To compare these, two Periods then, is .to aid the prniftMitiftty system vvithn)! ih? afivantn jtia of pcace 6rder a;al good goveftnient, and to clog the former pi^iial code of Pennsylvania with all the crimes uf a civil w ar. ^ Our object how - ever, is not to cofnpaie Ihc Penitentiary A4:^jn eif Pennsylvania ? with l o former ]>enal code of that slate, but to compare it with the penal code of this state. . j li\ the 1 ?. turns of convictions from 1800 . to '.810, Unit inclusive, appears there wefr in 1 4 1 1 a slate, 143 convictions for pen* tentiary ounces, which ?tve* an average of 14 per year, ' % l'xAp lUUt)tc^l8J.V, the convections were CO, which gives au average of l4i per year. The p<pnlaton of this state in 1800, was 199, 440 j in 18IO, the population had. in creased to 218,750, which affords a smul anna) increase. l' t om this statement it appears that con 1 victions have not only not inert ased in a ratio with the population, but have nuinei ic ally diminished. As we are unacquainted with even any circumstanccs peculiar to this state, which wci e calculated to lesson crimes, or with any circumstances peculiar to Pensylvania, which were calculated to increase them, we are induct d to coclude that the penal coda of this state, iniMetfect as it is, has been productive of more benefit than that of Pepsylvanin. v Your committee are therefore induccd to recommend, that the penitentiary sys tem be not adopted, and that the penal code oft lu? state be amended aa the bill lif re? fvilh reported, provides for. DANIEL E. HUGER. ( rJ/i stir hi ail of Committee cn Penal Code, A BILL. ? To alicr and amend the Venal C'o&t a/' ; thin $tute. Wx& . fit it cnactcd Ly the lionorahle the Sen ate . anil House of Representatives, now met find sitting in general assembly, ami by atul with the authority of the same, Th*t from ami after the paasing.of this act, if an;' > person or persons whatsoever be convict sx\ of manslaughter, he, she or they Khali be hto prisoned, not exceeding twelve moi.uis, nor l'esathan six rn6nth$ ; and shall L moreover be lued in such sum aft the court shall in its discretion think fit. . That in all rases ofhomecide, the trial shall l>e according to ' the course "of the common law ; and if any person or pcrsoiV i>e convicted of murdci> if the person kil led was a nenpto. slave, or free person c4" eelou?> he^ she or they being; so convicted, shall suffer death without benefit of clergy, as other cases. offenders found guilty el murder, are acnnitomcd to do. And if any person or persons he convicted ot man slaughter, if tt*- person killed wjik a negro, slav?? or free person of colour, lie she or # thr?y iHjing cosyktefl, shall he fined in fivb hntidrod dollav? ; and upon default, Hha',1 bcimprisoned iix month*, unless th?., said line be sooner p;ti(i : rroviueu that notYirg herein containrcK shall !>e taker to rxtcnd'tollie trial of slav<*n,r.( ?'Mdir.ir tot!" pros r.iojis of a ( rrl.or.^ 1 ?\ ? i?. k d\j j< *" r for t! >* '.M'cr ordering ui.'l s-. w <?;, ?