Camden gazette. (Camden, S.C.) 1816-1818, February 07, 1818, Image 1
Volume II.)
CAMDEN, (S. C.} SATURDAY, FEBRUARY 7j 1818.
(Number 95.
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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 <?;,
?