The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-01-08

provide Tor the exiseucc- or which they az naeiea
and 10 my mind II Is oalclCst equal consequthce ''
hen wei matuIed and passed with due ccl0e Iaioh'
they remain without change unless necessary I0I me
purpose Of remrdying material defect Inc
principles Of laws that have Teen IuRg III operation
become familiar 10 the people they have besh eA-
pounded by the Courts and decisions nave ukta pace
under thenl. that whatever might originally htNe
becnambisuous has become certain The Conshia-
ton OF this State having provided that me Governor
shall from tiDie 10 time, ave the legislature lhlo
nation Of the condition If the State, and Tocoinnena
thefT consideration such as he may lu@e
expcdienr," 1 Froseed to discharge that part q
m, official duty. On examining the Statute book \
find that bv the Act Of jane u 1870 IN cases OF the
condemnation Of convicts punishment BY SOLITARY
imprisonment and confinement hard abour the sem
ordered to be executed IN the county gacs ;
and the counties required under tho direction 81
the Court of Sessions provide enclosed yards con-
nected with the prisons where oOnvicts might be kept
atahor ID presumed that the execution OF the law
found either very incOnveniont or lnpTacucable
by the Of March 49, 1921 this part OF the former
law repealed and the Court i. authorised ~ OTden the
punishment by solitary imprisonment, 10 be executed
in the county gaOls fad the situation of the pr+
sons, the of the convict and the circumstances
and aggravaton of the offence shall render proper.
BY the operation of the latter act the punishment by
confinement 10 hard labour 70 be substantially
abandoned at least suspended for the present. In
Of yards the PRISONS erected and secured with refer
ence TO that object BY repeating the law by which
this was required, the Legislature have been
Of the opinion that it neNpedien to have thus pro-
vided.
Before the separation OF Maine from Massachusetts
in ALL aearly all cases where conviets for the more
aggravated offences sentenced long period OF
confinement, the sentence ordered TO DC executed
in the State Prison This relieved the counties flom
considerable proportion Of their prisoners and partcu
larry from those the most dangerous character Since
that tine all have necessarily been confined in the
county gaos and the consequence has been great
accumulation Of prisoners that of tine gaols have
been inconyenieutly crowded. There is reason to be-
heve, that, with the growth Of our populations the
Der OF convcts Will not diminish but considering
contguity to the provinces Of foreign government,
that they will rather increase. Should this he the fact
1t will become necessary for many the counties
large theiF PRISONS on for the Legislature to erect
State PRISON, or substitute other mode 81 punish
ment IN the place OF imprisonment. The restraint of
personal liberty either with or without hard labour
seems TO be pointed by the general practice Of civil
llzed nations, as suitable mode OF Furnishing crimes
against the and Of society 1t certainly
deslTabeto connect with imprisonment such sy stem
OF pencntiary discipline, VIII have a tendency
reform the criminal as well t9.deter him and othc rs
by the punishment, from repetition Of his offence
In some instances where penitentiares have been
tablishcd under favourable circumstances this effect in
considerable degree, may have been produced But
the experience OF this country will warrant the be-
Ic that confinement 10 hard labour. where the convict
IS IN habits Of daily intercourse which the vigilance Of
the Keeper cannot entirely prevent with others whom
the laws have pronounced infamous, and who perhaps
before had become hardened in iniquty has much
dencv to reform the criminal The number of culprits
reclaimed in our State Peniten;aries, bears a very
small proportion the whole number sentenced, and
VII not perhaps equal tine nunbes Of those, who
fortified in their and confirmed in their evil ha-
bits BY the contagon Of bad example and the corrupt
ING influence OF prison society 1t may be added that
constant occupation, and the society OF such persons
as, from the temper aud habits of the prisoner he
would be likely under ANY circumstances, select for
MS companions mtgatcs IN no lncoas.dsrable degree,
the sense OF confinement. Solitary imprisonment is
more terrible TO the guilty punishment, and reason
and experience warrant The belief that il is efec
ludl 70 reclaim them. In unOccupled solitude. the
want OF other objects engage his attention ob2eS
the guilty convict his thoughts inward his
own mind, and reflect his past life and future pros
poets Such reflections can hardly fail, in many in
stances to lead TO contrition soften the most rug
ged and obdurate temper and prepare the crmLl for
thc reception OF moral and religious impressions.
Inc humanity OF our penal code revolts from the in
fiction OF corporal punishment except for few crimes
OF such enomty and fraught with such danger soci-
ety. that they are thought deserving Of death. There
IS, indeed, little for leaving those who live
by preylng on the honest and Industrious 10 choose
how they shall be punished for their crimes but il il
believed that much mdness is consistent with the
o'J'St vi punishment, il rot unHiSe- nc CERTAINTY
q punishment has much more influence IN lettering
IRON crimes than IFS severity. The sanguinary
the law the less is the probability lis penalties viii
be generally enforced. The citizens are less ready ID
prosecute, and Jures more reluctant 10 convict and
TIC cuprlt calculating the human4 feelings Of soci-
ETY., Is often more influenced by the chances Of csca-
ping with impunty than by the severity of tine penalty
Nor are these observations without the sanction 0s e
pcricnce.
have gone more fully into tins subject, inasmucs
the attention OF the Legislature must necessarily be
soon directed to the consideration, whether punishment
OF The more aggravated offences shall be inflicted by
conhncment in the county prisons hard a5onr or
soinary imprisonment, or both, In State Prison. At
present te convlcts cannot he punished hy solitary I'M
prlsonment she gaos III many OF the counties being in
suicient IN size 10 afford the requisite number apart
ments neither tiny be punished by confinement
10 hard iabour within tie limits OF the county prisons
Inc wisdom OF tie Legislature viii determine whether
any further provision this subject be this time
cessary; and IT found Be 50, in tevising system
WILL nave No doubt keep sces tiy in view the saving
q expense 70 the State, and the great objects Of
i"i'hing onenders and preventing crimes. Connected
win me subject Of the punishment Of cOEsict permit
HE 10 can your attention 10 the cXpenCeS of their pro-
secuuon. These are a charge on the Treasury Of
thc state and OF such amount as to constitute very
considerable Item in the annual expenditure. 1t is
worthy vi Tue consideration Of the Legislature, whether
these expences may not be diminished
On examination, find that the law of Nassachn-
seits' establishing Circuit Court Of Common Pleas
mas NOT been revised and rc-cnactcd here. and On
turning TO me Council records that tic Justices OF that
Courl 90 not hold their commissions fram the ExCcu-
i've "a inns state, except such only rs have been ap-
pointed 10 al vacancies. OF course that Cont pxsts
10y virtue Of law Of the parent State in force under
me provisions q the Act Of Separation and the whole