Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-12-05


the subject of prison discipline grounded upon his
own experience of his own institution; and after re-
ceving and considering several able written conmu--
ncaoons upon The same subject, from several philan-
roptsof the trst standing aud talents, came TO the
conclusion that FOR the purpose producing the refor
NATION OF criminals, under the Peniieotiary System,
separation OF the convcts Indispensable pre-re-
qu'site. That solitary confinement, either with,
without labor tho chief material for producing
Reformation: aud that its beneficial effects would depend
very much, upon judicious application of due pro-
portion of that mode of punishment, to the nature of
the crime, aud the and disposition OF the crim
nal After much reflection upon this inter estine sub
ject thought would be advisable TO avail myself
oil the experience of all the Penentiay establishments
within the United States; and for the purpose of oh
tanning the necessary information enable me 10 form
a proper Judgment therenpon, addressed note to
Nr. Parsons requiring him TO obtain from the several
fenentiar'es within The United States the following
Information: lst, The number of conyics in each
End, The crimes. 81. The tune of confinement OF
EACH 18th, What norton of the time, solitary with
out labor. 5fh. What portion OF the time, solitary
with Labor 9th, The lowest crime for which couvicts
are sentenced TO the Penientiary according TO the
aws Of tue respective States. regret that the time
has been too short, enable Mr. Parsons TO obtain a
fut reply 10 all these euqnres-but from his prompt
attention to my request, lie has obtained much
rs well as speculative, information from several of the
principal Peniteniares within the United States
which he has reported 10 able and satisfacto-
rs manner. From this report il will appear that the
euumher of convicts in Maryland Penitentary on the
S0h OF October, 1927, were e9a which Sc were
That in Pennsylvania Penentiary in
Ph'lideIphia there were remaining in the prison On
the LIST day OF January, 1925, 432 male convcts and
~ fenaes-and in 1926, sos males and rs females;
and that tins state has free population of lO49 500
That in New York city State prison. there were con
fined on the Ist of January. 1897 3ai-in Auburn
Penitentiary, (New York; 4e7-and employed in
building Pententiary SO miles from the ci,v
2a0-makng a total in this State of 1913. New York
has population of ,372 800 Thatin Massachusetts
State prison. there were SI3 convcts the 30th of
September 1895, and that this State has population
OF $4,000 That on the thirtieh of September
i82Bs there we're confined in institution lat
consicts OF which number 1885 were white men, co
blurred do, and white women. and colored do-and
That this State has population of 066 900. Ii occur
red to me when caIling for this information that in
addition to the lights it might serve to throw upon
prison discipline under the Peniteniiary System il
might also to throw light upon the rela.
tive moral tendencies of the civil institutions of the
respective States upon their respective Inhabitants; and
oil course, the relative moral condition of the people of
each State 1t certainly would produce this effect so
Tar as judicial convictions for crimes be consider
ed as evidence of the moral condition of society," In
this point of view, the result of this information prcye.
THAT Virginia has abundant be satisfied with
the moral tendencies of her civil institutions upon her
inhabitants IN comparison with the moral tendencies
at the civil institutions of her sister States SO far as
information has yet been obtained In regard 10 prson
discipline, as it relates to the reformation of criminals
II seems to he universally admitted, that separation
OF the coDvics indispensable. That so long as they
Sic permitted to associate with each other they will
hacone more corrupt That the most vicious and
hardened viii exert their COMMUNICATING influence oysr
those whase minds originally are less corrnnt and do
PRAYED than their recommend this view of the
subject to the consideration of the General Assembly
iorthe purpose of shewing the policy and necessity of
erecting more cells. as the only means of carrying
this principle into effect; and thus of making fair fri
al OF the effects ct prison discipline upon the reforna
taD of criminals, through the Penitenary System
1T will be from Mr. Parsons report that material
Interruptions occur in the discharge of his duties from
The great numbers of VISITORS calling from mere Gu
rfosity, to view the interior OF the Penitensiary and
That Is desirable the practice should be checked by
spme legislative provision; additional officer
granted TO the institution. In several of the Papiteu-
taSies admission fees have been resored TO for the pur
pose OF checking the practice, which am disposed TO
think might in the first instance be adopied here in
stead of an absolute introduction recommend this
subject also 10 the attention of the General Assenby
and, particularly, the whole contents of Mr. Parsons
report, which is herewith communicated MAJ ked l.
Whilst considering the object of criminal iurispru-
6ence, find myself mpeed BY an imperious sense of
duty, to call the attention OF the General Assembly to
The provisions of the laws which subject free people of
color to slavery, sale, and transportation as punish
msnt for the commission of several different crimes
Without questioning the soundness of the priucipe of
forfeiture OF individual liberty, by the commission of
crime--savery must be admitted 10 be punishment of
the highest order and according TO every Just rule for
the spportionment of punishmens to crimes il Uord
seem, ought TO be appliedonly 10 of the highest
order; but under the existing laws cases of free peo
pie Of color only it extended to several crimes not
involving capital punishment. Under these laws the
punishment of slavery is Ddiscriminaely applied 10
both sexes whilst the Of slavery, from its pecu-
lar character, bears with much severity upon
females tia male offenders In the case of male offep-
ders, the punishment dies with the offender In the
case of female offenders il does not but il lives and
ia visited upon the offspring throughout all generations
The most serious and distressing reflections however
IN the application OF the punishment of slavery to f.
male offenders, vhen extended TO the offspring arises
from the circumsance-that The innocent is punished
with the guilty The unoGendiug offspring is made to
participate deeply in the punishment, of the offending
mother; whilst II participates nothing in her guilt
This seems TO be incompatible with every principle Of
morality and justice, and directly repugnant with the
IN t. humane and liberal policy of Virginia, in The dis
peusaton of criminal justice ubon every other occasion
OF the sales OF slaves under these provisions
tie laws, the condition of the bond requiring tie pur
chasers of the convict slaves them be trans
ported beyond the limits Of the United States is found
M ITS execution, 10 be merely colorable II is be-
Iieved to be seldom complied With and from
t. ncc,,liar ci,a,ac:..z =.