Newspapers / The North-Carolina Star (Raleigh, … / Jan. 8, 1845, edition 1 / Page 1
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' '" 1 JzZTrTr-'T'. .. .. .. . . , . ." T7 -t'-v- , ---- - - ''""' v " 'K:, - " ': ' ' s, . ' - ; ,TKO-., J. LEMAT, (Printer far the State,) Ebitob asd Paorauroa. "aoaTi tiotiA-raw tarn it xoial, itiictcal ratsicii. BMOcacit Taa (abb or ova bibib abb tbi bomb ov rracTfoa ITHfcEE Dt)ttAK8 A YEAR 1 abacb VOlr 3t ItAt.KIOII, N. C, WEDNESDAY, JAW. S, IS45, 1 IU . REPORT rrOJTJttTTEfr ON THE PENITENTIARY. Re id and ordered, on member. In Senate, December 28, 1844,. motion by Mr. Wad Jell, to be printed 10 oopiea for each .,' The committee on so much of the Governor's Message as relates to a Penitentiary, respestfiilly submit the following Report : The subject of the penitentiary system is not a new one in North n.n-nlina. It has been frequently and earnestly agitated and disctis- p! mi)M!st the people, and in the Legislature, The current of public opinion has seemed to run in its favor; but your committee are not auvised that it has ever been presented in so distinct and tangible a form, as to elicit a clear manifestation of the public will, either for or against its adoption. Nor have they the means of know ing 'what' that will now is in relation to tjiis subject! It is much to be regretted, that this most important question has never been; present ed, so disconnected' from all subjects involving local and political excitement, and accompanied with such explanations touching its prolwible cost its annual expense and prod uction-4ta effects upon the progress of crime. and the reformation of criminals, as might en able the public to arrive at a clear understanding of its merits, and a definite conclusion as to the expediency of its adoption in this .te,-jLfl:Ulb( tiPT5 PiIl"?1?06 Xo. umlsh uch de- s, gteaneu Irom the scanty stock ol materials wun- tailsund statistics; dred and fifty-eight of which would be included in a penitentiary foode,- Of this number, sixty-fortr were convictions, ibrlyau'O were acquittals, and forty-Cour untried. From our own observations of criminal trials, may we not conclude that of these forty-four acquit tals, many escaped conviction on account of the severity of the pun ishment and the humanity of the jury? . These returns further show that in ten counties, the sums paid for the prosecution of insolvent criminals and their maintenance in jail, for the year 1839, amounted to the sum of $4,110 D7, which is an average for each county, of $411 10. We may assume that half of this sum was incurred in the prosecution of State prison offences, and that is a fair average for each county. ' From these data then ire hate the sum of $ 1 5,1)00 00 annually expended in the State of North Carolina, for the prosecu tiou find maintenance, in jail," of insolvent criminals, charged with me commission ot penitentiary offences. Assumiug.tncn, that a penitentiary would be a public .charge of $10,000 00 annually (which it probably would not be, it would be a saving of expense irt the administration if.fhe criminal law. As to the cost of construction, the committee do not possess suffi cient information to enable them to mtfke any estimate which they can confidently recommend as being correct. 'It nessarily depends upon the extent of tlic work, and is usually estimated by trie-cell. Penitentiaries biiflt upon the Aubtirn .system are gencDfatly preferred for their cheapness, as well as their internal arrangement and superi or discipline. The buildings and ground of the Maine Penitentiary cost $30,000 00, while the Auburn cost over $600,000 00 the num her ol cells not known.- - . The cost of the Cherry Hill Penitentiary, nt Philadelphia, wns 148 iX per celL , in their reach, aslmiiy couSribute In some degree to the general in formation. Without going into an elaborate argument, a few ob servations the general question of expediency, may not be deem ed inappropriate. - - . Tlie experience of other States, .Mil foreign and domestic, which have given the penitentiary system a thorough trial, furnish suffi cient lata for arriving at a safe conclusion as to its beneficial ope ration. Its history iu our own country has been most favorable to the American penitentiary ..system. It is conclusively shown to have cheeked, if it has not materially diminished,- the conmrtissiou of crime even-amidst a population., uupar allclled for its rapid in crease and heterogeneous character. By; abrogaUrngmTharte punishments imposed by feudal times which have not been touch ed by Jhe.inelkH influences of a more civilized age wo should, bttohforor toand samrtiorVtfo lions which look more to the prevention than the punishment of crime more to the reformation than the punishment of criminals which seek to temoor justice with humanity, and to compel eveu the hardened culprit to regard the" dispenser of justice more as a niorcifiil judge, than a ruthless and savage. avenger. The punish ments of whipping, cropping and branding, sanctioned ly our laws, arc considered as not only impolitic, in view of their effects upon the" prevention of crime and tire refbrnration of offenders, but a un- Congenial to the spirit ot the age, ana revolting to numanuy. v nai probability what hope is there, that the man who has become the victim of such torturins punishment, publicly inflicted in the pre sence of crowds usually attracted by such revolting exlubltions, ev er will or can, rise above that condition of deep and irretrievable de- fradation into which he is sunk by so infamous a punishment ? knows that the brand of Cain is upon him he bears upon his person the indellible and damning proof of his infamy. He is forced out of the circle of the reclaiming influences of personal pride, and the hope of. future respectability. . An impassable barrier separates him from all respectable association, and feeling that all is lost, he ither sinks into the loatlrsotne imbecility ol urunnenness or into a new career of crime. Whatever palliation ot excuse he might find in the sudden impulses of a hasty temper in the ungovernable ex asperation lor great jwrsonal injury or insult or m tne ingnuui sufferiuffs of penury and want no matter how much the better im pulses of his nature, and the pride of once honest name, might sti- i . - i ' . v : . ;.! i.a !. ma amio1. . ' V,l lvno;ifl ihfl r'nnu-iniiRMC!A::(hnt thnre anrno' oblivious- watctis in public sentiment that can "washout the scars of his tacerated flesh; no panacea in public sympathy that ean heal the wounds of his muti lated person. I hese unhappy consequences do not so trequently or so necessarily result from the milder better graduated, and less in famous punishments of a penitentiary cod. Solitary ; confinement induces a communion with conscience: active employment gives a healthy action and beneficial direction to the mind. The convict is cut oil from the temptations and opportunities1 of evil associations: he acquires a habit of sober industry during a leirgthened confine' incnt: ha finds in a profitable trade an additional security against the temptations which might otherwise assail him upon his dis charg y to seek tlie means" of living by his wits, by theft, robbery or murder: an 1 not unfrequcntly, a conviction of the very practical truth, that " honesty is the best policy," is fastened upon Iris cort- .science and his iud&tncmv - -.- On the score of economy, your comnitfeo belreve the argunient is in favor of a penitentiary. In the States f New llampsltire, Massa chusetts, Vermont, and New Jersey, , where penitentiaries are estab lished the earnings of tho-convkts-exceed tlie-cxpenscs. Ibl Con' , . Jiecticut, the aggregate profits for twelve years, up to 1839, tvere )OJ,yu iv. - in rvenrucky, to the same penou, tney amountea to 59ii,S17 3': In Ohio, for the years 1937", 1833, 1839, to $59,252 65. In Louisiana, for the years 1837 '3, to $16,714 94 The profits of iha Auburn penitentiary for the years 1838 '39, were 3,190 25; and 'or the Sing Sing State3ri$KY.7fdr the yeafsTS37,f wtre $39,007 90. In Tennesse, for 1 836 '37, the profits were $14,430 4 1 . it is to be regretted th at we have no statistical reports from the Geor gia penitectiajy, from which, as from those of Tennessee and Ken tucky, we might hazard some-safo analogical deductions. But JVhilst thj pi'iutentiaries above enumerated liave been, profitable, those at Philadelphia, : Pittsburg, : Baltimore, Waslu'ngton City, and in Michigan, have not paid expcnses-tho deficiences ranging from $3,700 to $18,378, annually; Viewing this subject iu its most . urw ' favorable aspect, as to the question of economy, and granting that a . penitentiary would bo an annual charge to the State of $10,000 . , iFhich sum is tnupn aoove tne average annual charge of the five .-: lienrtentiarics above euumeraVed) we Will now enquire whether thw . "would not be thd cheaper plan .of puuishmcnt,. to say nothmg of its reformatory teudeiicies.x i -.iJ.." ' ''"' s-i-V;:' --1 ; roni the few and Imperfect retufhsrhade ifoiKel3xecu'trW'd:e;', partmeni, nnder tlie Act of 1838 9, the committee have been able ' , tf collate some facta which may be useful in this connexion, as cna- quiigiiiqmiourriveat cunctusions, noi anogeiner. conjectural. t ttc- -1 urns irom tmny-n ve counties snow that the number ot prosecutions for th .year prior to June 1st,-1810, for .crimes and misdemeanors,: ' was one uiousana tnree nnnarca una fclty eigiiw Oi this number, 'seventy uinecro crime of various' grades from petit larceny to ? murder, ot whicti i here were thirty-two convictions, twenty -one ac qnil!als, and Iweivy-two not tried. (We will here remark, ta pa- v mini, fciat these returns also 6lrwr tltat in these thirty-fire comities, -.-mere were iwoiinnareuanuiony-ninejutiatics and idiots.) - Taking i foe granted that the renuiinrnj- fliiriy-Eve, counties wonld hnvc 's furnished nn equal calender . of crime, wc hare for that year, two ' CpusiuiJ seven- huudrcd Mhl sixteen Stale prsccutions--oiie Imn- Pittsburg, Charlestown, Mass. Sing Sing, N. Y.," Weuthersfield, C6ni1., Baltimore, Maryland, do do do do do 978 00 286 00 200 00 150 00 146 00 . From these facts wc may conclude with some certainty thnt the cost of such a building in this State would not exceed $500 per eell, and wotua probably luu much short ol it. isut we will put it down at five hundred dollars. We have sliown above, the probable average, number of eonvietioifs for Stnte Prison offences, annrmllfv to be about sixly-fotn1. - The nimibct of prisouers. in the AW 1839, in the Ohio penueniiary, wa mib-i in uaiumore, aco m iventucKy, io in Washington Oity, o4 in 1 ennessee, in Ioo7, it was Vl: xso sticl inforrflatiojri ;on, of a later date than 1839, arc within the reach of Uiis committee. May we not assnmo. then, as a basis of calculation.' that a buildinar with two hundred cells would be sufficiently extensive fot this State. Two hundred cells at $500 per Cell, lixes the Cost of this work at The question now comes up, of the ways and means. Ifow snnll the funds be raised ? We answer, by direct taxation. This is the source,, atid Jbe only jsourcQ from Ayhic)i they can come,., vjtbon.t.n: tcrlcring with tlie arrangement of, and divtfthig from its great and patriotic purposes, our Common School Fund. Your Committee would most earnestly protest against such appropriation of that fund Cart this sum of one hundred thousand dollars be aised by taxation wkhont distressing the people? :. We think so. The time necessary for arranging the plan and constructing all necessary buildings, would drobably pe four yecrs. This sum, tliercfore, could be collected hi four animal instalments, flial is to say, 25,000 per year. By the Comptrollers fc I reasurer s Kcporls,, made to the present session ol the lienerat Assembly, the laud and town property tai lor the year 1843, amounted to $31,722 30, raised by a tax of six cents on the hun dred dollars valuation : and the poll tax amounted to $31,886 65, raised by a tax of twenty cents oti the poll making the aggregate sum of $63,608 93 The calculation, then, is a Very simple one, that an additional tax oi inree ceuts on iana and eignt cents on tne poll for four vears would produce a sum sufficient to build a Pen i tent i.irv at the cost estimated above. And it should be borne in mind that af ter the building is in a state of forwardness, the convicts themselves can be made to do the work and make such additions from time to time as may bftneoded. Let it . ot beJbr gotten,' hat this-add ional tax oi inree ana eignt cents, istMinanisannunjiypnia oy our citizens to defray State prosecntions, &c., Under tlie existing laws, as shown by a preceding ikuI of this report. - lliere are i various subjects involved in the consideration of the Penitentiary system not now necessary to be adverted to, and which will mof& appropriately become questions of discussion, inquiry and adjustment, when it shall be decided that we will build a penitentia ry. The questton now arises, how and by whom is this decision to te made We answer by the l'eople themselves, by a direct vote. Your committee do not feel themselves warranted, under the present and prospective embarrassments in the finances of the State, in re commending that a tax be laid by the present General Assembly for the erection ot a penitentiary, in the absenee of an unequivocal and decisive expression of the public will on the subject. Your commit tee are not insensible of tlie claims which propositions for other pub lic institutions of perhaps equal hnporlanc, have upon tho favorable consideration ot the people and of the legislatures j lie deal and dumb the blind and the insane, have claims upon the public sym pathy and the tesrislative .county. , t heir mislortuncs, thctr snfler- ings, and their helpless condition appeal to us through urgent impul ses oi humanity, and the tternest teachings ol public duty. Almost every civilized community has responded to these appeals in the es tablishment of suitable institutions and asylums. Tne happy results of these State charities have more than ' realized -rMie-expectation, Hundreds have been resetted from the suflerimrs and horrors ol in timity, and restored to rea&on and to society. Deaf and dumb mutes five been elevated from the mere animal existence f the brute to the sentient and moral condition of intelligent man. i To (he bliud those whose orgxns of sight are closed ngahist the ordinary modes of instruction has been given thai intellectual vision, that light of tho mind, which ennhlcs them to be freed from continual dependence to be useful iu society and to find sources or enjoyment and happiness in the stores of intellectual ucquiremenis The committee; thcreforf, would not invoke exclusive aikiilioir to tho special subject , commit ted to (lieir inquiry, excluding or postioning all others, alike entitled to public consideration, but arc stm deeply impressed with its great importance, and the propriety and necessity of some expression of pub lie opinknj..,.;j I. -,'.t .;;f -f.f.-ii-q ? ,t 'ij m'. - The committee liave annexed to this report, and ask that they may le taken as part of it, two tables, which may serve for reference and comparison : One marked A, exhibiting the number o! convictions for the crimes annexed, in each year, during 14 years as taken from the Register tho Auburn Prison, Y. r The other, marked B, exhib iting the Progress of Crime,, in.the various States included therein. ; That the views of the tonimiltee, as set torth in this Ileport, may be carried out, 1 am instructed to report tlie accompanying bill and recommcml iti pnssiigo, and ask to be discharged from the further con sideration of the subject. - .v. ,; ,.,., . Kespecituuy submitted. ; IL B. ELLIOTT, " - vk'n Pcn'y Committee. December 22, Ul. - - ! i 2 C r 3 r-rti 8 a 09 3 2. i o E3 2 B uo to. t-M M oi o OP . .to co o mHMO"-NOOOC ' rc o -cc'-'avDA3diat.g-.?!i-' I 10 i- tc ' C.g -- to i- N r CO M S W Q q CC 9 Ot t W. C1.(B iu6 . to C b) -- Q O ii) - - i- o 8 a. r S tc to -t iu ce ...8jlcd.qo I to 10 w c? ii : , K U K Cs I ' i . O) i GO M to jwto, si -t o i o i K1 - h3 fT J?jU mJti. 0. fU Nt Jt .QJS.t4 'fw tOl 1-4 " 2 " V. r rr r! - - wl e . . p . . e 3 3 5 3.8.3 co3 voB 3 srirsr'a'esS.sir.assrSiS . ra g 3 B 3 s da X a o a .b.l: ill F53 8. 8 $3l 3- a o o" & a s. 5 CD m OMIOO CO o to s If S 9 IC K, tC t toi CO it. xnn 1 2J o OD Oi ofiaotrtfot)! 'A 'M 'QJnqny C$ at o . - M C ' dm. . CO dm 5 i iKw- 00 ars W j v Ol ' to oi en Ol 5 CM cn o CO : r.i'tw S- 'J 3 i ;p j gjnnsnUj: .... jM,,!! ,.,,1 , ,,M ppj 'oiomtijufl CO. o I . to CO ' lb. 3 S i: O ci 'umSiinisoM i.: .vet i OHIO - ' -"'rr'i.r From Covcruor Morehead in relatimt to lLa compt'nation of the '.Gov'er- irnr:ts,rreBft-ierffim"r-Mtarfy-ttt Interna lotpiovement - ll.rJj-.-.-i-i --" if i" T1 '''''-'..lti....y.i To the Honorable, ,.. . . .. j ,.j it,HSi, : v, . The General Jtastmlty , ; . ; - . , ; ; r- . i . of worth Curolina. ; i . i, I fonnd fjfwn nify, fable,' oft' Friday lasty a printed document No. A9. herewith transmitted, purtmrtiug to be a "cones- oondetice relative to the leaat Tivht of the (jOvemor to rocrh-e nav w as jVesideht ex ollido ol tneXiterary and Infernal Improvement Ioardg,.wJuuotcconipanMHl by copies of 'a resold(i6u "6f "the Senate. calUna upou the pubttjireiisTrrertO feporttO"the-Senate " the correspotidence between the Treasurer and his excellency the "Governor, reiatlTe, to the legal right ol the l.overnor to receive u ier diem compensation, as President ex officio etc., ' for services " rendered upon the Literary., and Internal Improvement Hoards: " and also tho opinion of the Attorney General thereupon, together " with the amount which Ins excellency me Uovernor has received for said Service; and of a letter from the Treasurer to the Spea ker of the Senate,, in response to thut resolution: and of a letter from the Treasurer, to myself, and my reply and of a letter from fhe" Treasurer to the .Attorney, General, and hi rcplytogether with a statement, niade by tho Treasurer, relative to- the sums I have received for my services - on these Iloards-which Matemcnt he professes to make "from the report : of the - Comptroller to the Uouse of Commons, Dec'r 21), 1812." ' n 5 . t- Vu ,? As to Uie question of tlie uovernor s rifflit to compensation, I de sire fo draw the attention of your honorable body to uie law, the practice under the law eversmco its passage, and' the action of the Legisfafure on the ubjocf,j 1 5i! . ft '"- v.t I' L I had not heard the question raised, or the ' matter of Uie Gover nor's riht to compensation fot hie services upon either of the Boards, doubted, until the reeefpt of tlie Treasurer s letter of 27th January, 1813, declining to pay a warrant drawn by me in pursuance of an order of theDoardof Internal Improvement,; ' This letter, proposing to submit tho matter to the legislature tliciv m session, was receiv ed on the evening after the House had adjourned to meet at 7 o'clock So3 aw 9 o -ikt X rw M 3 3 ft M a kM S.aB.gdi-ioiS-.J a-'a BSaoS'OS!'"" ft ' S3 g. c 5 -4 goSfsrg'aa'sJf g.rs 5 s B.. 'i. S 1 s g e 2-2 a--15. UmtT i I- i. n. - iMmM tit w r ant-, zzr- rrz. l i o- (? & 3 5 S c a x 9 fi erf 8B CD . g p. 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The North-Carolina Star (Raleigh, N.C.)
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Jan. 8, 1845, edition 1
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