The Camden weekly journal. [volume] (Camden, South-Carolina) 1853-1861, 1853-12-13
Misffuaneon5.
From the LaurensrilIe Herald.
Shall we have Il Penitcntiary.
BY e. G.. =.

announced our wish that South Carolina should
establish Penitcntiary. And now we pro-
pose brief, to show a reason "for the faith in
u.s." as the session of the Legislature is ap-
preaching. We are not vain enough to believe
that the mere act of writing the present sheet
will procure the passage of such measure by
the law making power Of South Carolina, nor
even influence single member Of that body
to regard it with favor who has not already so
regarded it; but it is our conviction that a
Penitentiary in this State is needed, and we
give few of the reasons why we think so,
suffering them to go for what they are worth,
more or less.
There are many States in the Union having
such Institutions; and although we do not hold
the doctrine that simply because other States
do so and so, ours should do likewise, yet as
none of those once having one has ever abolish
ed it as useless, we hold that the system must
be working well where it has obtained. Our
neishbors have tried it, and by their actions
pronounced it good, let US try it and see. Al.
though we are ever disposed to show the bright
side of our Carolina, yet no one will deny that
if Pententiary is useful and is needed in any
State, We might not venture to try what one
will do for US.
Few, we Judge, will deny that the present
criminal code is Inefficient 1t is emphatcally
neck or nothiug with it. If a man is arragned
for a criminal offence, and escapes the gallows,
he escapes all that might be called punishment
This is often naught but Justice; but in per
haps as many cases, justice suffers for want of
some other form of punishment more mild,
than could be inflicted upon him who was not
wholly worthy Of death, but yet tmeriti.ig pun
ishment We were a witness of the arraign.
ment and tria! Of man, some years since, III
one Of the upper Districts of this State, for the
murder of another. WIKI what little knowl-
edge Of law ne thought we possessed, aud our
sense of justice, we thought the evidence ad-
duced against him clearly established his title
to yard or two of hemp. So thought the
Judge, and so the lawyers, and so everybody.
1t was almost known before the jury returned,
that he could not possibly escape death or The
penalty of mansaughter one. But, behold! j!
the Jury, after being so palpably convinced that
the prisoner did, in the light Of day and face OF
irreprcachable witnesses strike the blow that
sent headlong into eternity human soul-after
being so pIainly charged by the Judge that if
it was not murder, it was not surey less than
manslaughter behold! they come out, pro.
nounce .:Not guilty." and the guilty wretch is
turned loose right in the face of the friends and
brethren of the murdered man! Here, then,
was case which needed Penitentary. The
Jury, perhaps thought that he was not worthy
of death, and having no fortune TO exhaust, and
not wishing to take from his family the proceeds
OF his labor by confinement in Jail, he was un
fettered. If not hung, he ought to have been
locked mp in work shop and made t" labor
the balance of his days. do not know that
he would have been convicted even il there
had been such punishment provided, but many
who 60 entirely unwhipped of justice in such
cases, would be, no doubt. First a Peniten-
tiary should be provided, and then the degree
of crime fitting one for room in it should be
marked by the law.
We are no advocate of the abolition of cap
tai punishment. When man in the exercise
of his reason, takes the life of fellow creature
save in defence of his own life or the life of
others equally dear to him, we say he deserves,
and ought to receive, death at the hands Of the
law. No other punishment will satisfy out
ragged justice. There are other crimes, too,
which we regard equally as worthy of death.
1t is useless to name them. But for other
classes of crime there should be corresponding
penalties. When man proves himself to be
n thief, he surely ought to be chastsed for his
conduct. When lie fails to discharge amy of
the duties Of citizen, when he is able to do SO,
it is right that he should he reminded, of his
neglect. If he fails to provide for the lives
and comforts of those he has sworn to protect,
surely his country should call him to account.
For these two last characters. then. the thief
and the vagrant, we believe the Penientiary to
be the wisest provision that can be made for
their disposition. 1t is said the great object of
punishment should he the reformation Of the
offender This we regard as falacy. 1t would
be an object, in our opinion, promising, very
little hope of attainments. Talk Of reforming
rogue! The idea is preposterous. You may,
eperhaps, if cowardice is coupled with his thiev,
ish propensity, so intimidate him that he will
try to keep his hands off for while; but who
will say that if all laws in reference to such
crime were anuulled, and the cause of his fear
removed, that he would be an honest man |!
who would be willing to trust him. We can.
not then say that the object of punishment
would be his reform Would to God it might
prove his abandonment, not only OF the actual
commission of crime, but of the desire to in
dulge in unrighteousness But such Is rarely,
if ever, the case.
But what, then, is the object Of punshmenH
We an swer it should be to remove from society