Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1860-01-12
The Penitentiary.

The Penitentiary.
To the Editor Of the Empire;--
| see from the columns Of the public prints,
that vide spread and earnest movement is
made in behalf Of a large number Of the
citizens Of Dayton, to secure the location aud
erection Of the new Penitentiary near our good
ly city. OF course, with this TO interfere or Of
hciously TO meddle, would be entirely improp-
er in one who, like myself is yet so young
Daytonian. Nor is il the purpose Of this COM
munica,iou at all to take part in tho controversy,
whether 1t would be desirable or not to have the
Peuitentiary near US. leave this to older and
wiser heads more directly interested in the f.
nal determination Of that question. But
could not lorego this opportunity. when every
thing concerning the subject Of Penileniiaries
is attracting attention in our community, to
throw out some general hints in regard to these
institutions, hints which, though perhaps not
acceptable nor practicable 10 present contin
gencies may still be Of some purpose when a
general revision Of our Penitentary should be~
come advisib9e Aud make no denial Of my
belief, that such revision ought TO be en-
tered into at once, My reasons for this
will be apparent in the course Of the subjoined
remarks.
But, Mr.. Editor, before proceed any farther,
let me suggest. that in regard to the nature of
Peniientiaries. as necessary institutions in a
State, many vague and contradictory opinions
abound. writer in the journal, of this City,
for instance, in communication TO that paper,
published on the 7th inst, describes Peni
tentiary as "a social institution, arising from a
higher civilization, whose place is by
the side Of other BENEVOLENT instit utiOns, there.
by most clearly intimating that he regards il
in the same light as an Orphan Asylum an
Hospital an Institution for the Blind, for the
Deaf and Dumb, DC With all Difference to the
kindness Of heart Of the writer quoted, as evil
denced by his definition of the Penitentary
! dissent from him in toto. True, his viewi
are not new, and many have been the endea
vors to prove, that as Hospitals are institution
established by Society for the cure and anne
Iteration of bodily defects of some of its mem
bers, so are the Penitentiaries provided for tn,
cure and extirpation of moral defects. But tn,
proof, however ingenious in the attempt, ha
lacked one great essential to be complete, ii
was steadfastly coutradicted by all experience
Let us take common sense view of the matter
based upon empirical developments
What is a Pcnitentiary2 It is the abode o
criminals penal colony OF the State, for tn
compulsory detention of those who have b.
some wilful act of their own, transgressed tn
law of the la nd and perpetrated wrong upo
Society 1t is not, and from the very nature
lis origin, it can never be, a Tetorma,Ory insti
tuition. Confinement in it for ever so short
time, means punishment for crime, and tbi
pun shment is inflicted to appease the offende
laws. man convicted Of larceny, of burgli
Ty, of arson, or Of any other crime is sent
the Penitentisry to suffer posnam and hence il
verV name. The Penitentiary, therefore,
not benevolent in its aims but may more prol
erly be called the means to revenge outrage
society upon those who offend against it.
Why do our laws prescribe punishments
all for the commission Of misdemeanors an
felones2 1t is that the fear of certain punisl
ment may act as continual terror upon thos
whose propensites for evil doing cannot
checked by any moral considerations, d
prive punishment of its attendant hsrdship
which alone make it feared by evil doers, at
you deprive the law Of its weight and Of its eff
cheney. For those who are not young, both
years and in crime, Ohio has wisely proyid
h"Reform Farm" which. am convinced,
well managed, will bring forth many benefci
fruits. For those old and hardened in erin
for those who have committed an evil act VIII
in ripe years with full knowledge of the fet
ful consequences of their act, let the Penite
tiary stand as a vigorous and implacable wea
on of retributive justice. rfl It
But I am also totally opposed to the prt
ent prevalent system of toOTkinS the convcts.
Under this practice, PenitenliAries have actual
become large manufacturing establishment
owned by the State. Under our form OF goyel
ment, claim that the State has no shadow
right thus to come into composition with
citizens engaged in manufacturers. In I
opinion, such competition amounts to the lev
ing Of a direct tax upon certain branches
trade. il cripples individual enterprise as
those branches and the State therefore col
mits an act for which it has no express warJ
either in the Constitution, nor in the aeknoV
edged principles Of republican government
believe am right In this view, and belle
further, that il this question were once to
tested in the proper judicial tribunals, tn
are SO many weighty aud substantial reasc
to be urged against this practice, that it COT
be successfully fought through,
But if it is objected, that not to employ
convicis in some sort Of useful work wor
strengthen them in their habits Of idleuess a
would, at the end of their penal term, disu
them upon the comlnuDity still more harder
in their. propensity TO crime, a remedy an
much less Objectionable substitute for the pi
snt system may easily be found. Add to
.PeniteDtiary tract Of laud Of Sufficient exit
and, as far as eau he done conveniently "
the safe keeping Of the prisoners, and seepl
OF the guards, let them raise portion at Il
Of the articles Necessary, for their sustenaI
Let them raise their own wheat and corn, u
ogn live stock. let Them slaughter, salt
smoke ihsir own pork and beef, lot them We
aaa ~ fhelr jackets and lrowssrs, SDd