Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-11-22
From the Newbrrlig Sentinel.
A Penite1tiary.

u EGulICutsoiy y
II is not to be supposed that our Legisla.
ture possesses all the wisd,m in the State,
vet it may be fairly and lestimalely presum.
ed that they do represent se wisdom of the
State. Entertaining viewaon The subject at
the head of this article, which have not YET
been received and sanctioned by our Legis.
lalure, we shall occasionally briug this sub
iect before the people and E1esentt to them,
and their Legislators as Il aia,ter that ought
to he made lne object of their serious drlib.
era,ions. We are not quitesso old fashioned
though we cherisI, good aeal of affection
for the past, as to suppose tt;t nothing which
is not approved by the pas, should be adopt
! ed and acted on by us. O91he contrary we
believe that much which is Fgarded as com.
ing from Split of innovation, and for that
reason alone is disregardeds Is founded upon
the best principles aud the most solid reasons.
OIlentimps it happens ths. the plan acc
have volunteered, is cundelE,ed without an
experiment, even though the experiment may
have been made and proved successful when
the trial has been made. lLis is the case
with the very subject whchIfwe now bring
before the people. The palEhy which pun
ishment is dealt out 10 tue offender against
the State by tie violation olfthe law, has
been several times, introduced into our Leg
islaturc, and failed, but let notthis discourage
the friends of the measure; tpr it must, in
due time succeed
1t is supposed by some who oppose the
adoption of the penitenliary system, that it
will operate as an encouragement to tue ro.
Iation of the law and Tot as q. restraint to
the wrong doer. lis this trurR4 If so, why
is it that those States which have adopted
the system have not abandoned it, if it has
produced evil and only evil9 Are they SO
blind and besotled by igmoraiice; are they
so in love with crime that they delight to
have such "A condition of things! Are we,
the people of this State so much hetler, aud
so much more improved, thatEwes do not
need the benefits of system, Wbch others
have tried and after giving it d fair trial,
have still continued in existence! Are we
to suppose that we have all the wisdom and
all the goodness and that we arg preserving
those conservative principles tiiaFare to save
mankind from destruction? WaS do not ut
ter the opinion that we shoult3folow the
multitude, because they are ma0yssshnt when
-We see, Urge numbers Of Siatfs!:s adopting
and acting upon some general principles
which are supposed to promote, the public
good, we should carefully survey our own
positions as they have reference to those
general principles, and if they prove untena.
BILE abandon them and adopt those we regard
as better adapted to the pecuiarlles of onr
situation. This is surely the dictate Of wis.
dom, and of sound philosophy.
In connection with these reflections, we
will notice the fact that many offences
against the laws of the lanl escape punish
mvnt, because public opinion often deems
the penalty annexed to the violation OF the
law as being too severe and harsh, aud there
fore the punishment is not inflicted because
the offender has not been pronounced guilty.
1t may besaid however, that this is to be
attributed to false sympathy for the wrong
doer. TO this objection to such modiliea-
ton of the law, us to adapt it 10 public SELL
liment, it is sufficient, to say that such pub.
lie sentiment exists; that it is increasing
and, that unless it is corrected in such MAN.
ncr as to point out its error clearly, it is
sure to increase in its strength: and when it
becomes strong enough its object will be
attained Political sagacity aud true states.
manship will always adopt such a course OF
legislation, us will meet the wants OF the
people, and, at the same time secure 10 them
the blessings of order. No laws will be
enforced which do not meet the sanction OF
the people. Laws are to be regarded as the
expouents OF the sentiments OF the people
on the same way as governments show their
political knowledge. Laws that are approv-
ed by the people, will be sustained and en-
corced by them.
ltis true that any restraint imposed by
the Slate for the preservation OF the public
peace, and the enforcement OF the laws, Is
at all times onerous: but the only means ny
which the laws can be made to secure an
elFectual Judgement in the affections OF the
people, is to enact such as meet their ap-
pruval. This can he doue by the annexa-
ton of such penalties as will not degrade
the offender, aud such us can be counteract-
ed by iudicious exercise OF the pard"n'ng
power in such cases as may present proper
subject for that discretion. he objection
to this is often urged that the man who will
violate the law by the commission OF low
offences cannot be degraded by tue punish
ment annexed to such offences. Those who
urge this objection do not think that often
the very operation of the government makes
the criminal, aud then the society, which by
its government has enacted the laws, pun
ishes the unfortunate culprit harshly aud
severely, without extending any means to
him, by which the noble feelings OF his ma
ture might be called out and enlisted in that
which is good, and thus be made better
man. 1t is cruelty to base Legislation upon
that scheme which present our nature as be.
ing SD depraved as to be below aud beyond
the reach of reformation. Legislation takes
the true view of man when he Is regarded
by the laws, and the power that makes the
laws, as being Of noble power and noble
capacities that can be operated upon by
having reference to the higher qualities OF
his nature. This places him upon the proper
platform, and he will BE- looked nPon as he
should be, the noblest work of God.
SIch are a few desultory thoughts that
have suggested themselves to our mind upon
the subject at the head of This article. We
may pursue these in another article. Oul
mind has for years, been directed to it, and
occasionally we have penned our Thoughts
and giyen them to the nuhlic, and until thi: