Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-11-28

And my death song the Prophet shall ear
Thy VsIna shall fall, battered O houmia shall yield
'en' su0mb0u the proud thou'It the Of the Geld!
"The Emperor beheld the Kremu in Games aud Mos,
o1s was ei!y oil fIes."
From the National Gazette.
LETTER ON PENAL LAW AND PENITEN
TIARY DISCIPLINE,
fy the hon. EDw. LIVINGSTON, to RoBERrs
VAUX.
Red Hook, NJ y. Oct. %, 1928
You are one OF the very few, my good friend n
whom, at this period Of general excitement | could
venture to speak with the hope OF being listened
20, any other topic than those OF the election or
tle tariff. Whatever may be our opinions and
preferences on these subjects yet there are others
which have so much engrossed our thoughts asd
interested our feelings, that we have never found
time 10 settle between us the great concerns of
t,le nation, and have conversed more FREQUENTLY on
reforms in penal law and prison discipline than on
those required in the government Of the country
Leaving, then, the majority OF the people, under
the. direction OF that wise Providence which sneak
through their voice, TO determine between the
candidates for their favour, let me cnteayour. nv
this letter, to supply some observations was pre-
vented from Offering to you, verbally, by my sud
den departure when last in your CITY,
The substitution OF iabour a. "A punishment in
stead Of death and other bodily sufIerings, has at
different periods entered into the theories of inse
NOUS writer's, and in some degree into the prac-
tice Of certain nations; hut think YOU have sulT;
GENTLY shewn, that to Pennsylvania and The wise
foresight Of its philanthropic founder, we owe the
first successful experiment TO prove that seclusion
and laborious habits may be made the means AT
once oil punishment, reformation and eXample-
False economy and fatal inattention 10 the nr;n
cipes which produced this success, DESTROYED its
effects almost as soon they were Self; and in
Pennsylvania, as well as in all the states which
had followed her example, the system was found
60 be inefficient in the exact degree in which the
seclusion became less strict, and in which the Ia .
Eour was enforced by chains stripes The pro-
Iuiscuous association Of conyicts produced an amor
nous increase both in the number and atrocitv of
offences; and it became evident that no reform
could be expected while it was suffered to exist
Classification had been tried in England, and par
tally here, but it was found to be an iDcomp,ete
remedy-that system could only be perfect no
individual secluslon because, even when the class
was reduced to two, one Of them would generally
be found qualified to corrupt the o.her and if the
rare should occur, Of two persons who had ar
rived at the same precise point of deprayity and
tne rarer circumstance of the keepers dscernment
being successfully employed in associatipg them
their approximation would increase the common
stock of guilt The conviction of this truth and
the necessity OF providing remedy Tor The evil
appears to have suggested different plans all of
them in different degrees corrective Of the present
abuse. The corrupting influence Of promiscuous
association found to be the greatest during the
light, when unchecked by the presence of keep
ers, unemployed by labour, every opportunity was
offered for confirming old offenders, and intiatinr
the young in the mysteries Of vice and crime An
obvious improvement, therefore, was separate
corInitory for each convict. To continue this Sc
clnsion during the day. would be expensive be-
cause the accommodations must be ENLARGED and
the indemnity 10 be expected from the prisoners
solitary labour would be less if he were employ
ed, or nothing If ne were kept in idleness. Eco
aomy here again interviewed, and suggested that
s,rici discipline during the day might supply the
place Of secIuson, prevent coTruptin intercourse
and increase the profits of the establishment by
forced and social labour. This is the foundation of
= n.
and Sing Sing, and with partial success, which
much fear may arrest the penitentary system in
its progress 10 that point Of perfection at which all
its advocates expect il to arrive.
Il may have this effect in two ways-irst, by
making content with partial Improvement and
relaxing endeayou to perfect it, but princi
pally by the error of attribung 10 the system
elects which only due TO the talent by which
isis conducted just "a the worst government may
DC so administered ~ to produce more prosperity
than tie best, when tue power is placed in bad
hands Compared with the discipline in the pri.
sons Of New York, Philadelphia, Baltimore and
nsy add, most Of the other penitentiaries i'm tho
l. nifed States, that Of Auburn and Sing Sine =
greatly SUPERIOR but il does not and can not from
The nature Of things, ever approach perfection if
we allow reformation to enter into our views, and
il we wshto guard against the abuse Of authori-
ty The founder OF the system did not expect
reformation. IN alctter rith which he fayoured
me some time ago the subject, lac considered
j. ~ hopeless and although By tlie late returns
II appears that portion Of the cOnvicts have shown
AianS Of amendment after their discharge yet they
are too few in proportion to the whole number;
end the time IS too short 10 give any certainty Of
the systems producing this effect. Where fifty
Os sixty cOnvicts, selected for their aptitude for
particular trade Of work, not from any fitness Of
moral feeling, associated in the same 9bor IL
~ next 10 an irUpossbity dat one or two keen.
srs should prevent thcir communication with each
cher be those Keepers ever 50 yigiiant. eve u
s1pposing them to be inaccessible to corruption.
" 70 a feeling Of compassion inconsistent With du-
=. Here again I have the authority OF Nj
Lyods, who teils me, in substance, dat his great
~ difficulty was to find Keepers VINO were not
opt 10 err Oh the side Of indulgence. But sup.
g.0se tbs difficulty conquered, and the cOnyicts
placed under that immediate inspection Of ta-' -
masters wiling 70 enforce the most rigid disc
pline-one keeper 10 every ten would not he sur
Gciont 70 watch the whispers, the looks tIc sgns;
~ which UIe association OF IDEAS and reminiscent
Ces Of guilt would be KEEP, up, and plans OF nov
engagements formed 70 bo executed on their di.
Charge;--and were th.fe no other kuo~lcdg.
gained. that of each others person is serior.
.Ssetlcn 70 ~ so,i 4 lf|1e-