Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-12-20
ty. But This consideration is snbord-

weighty. But this consideration is subord-
/ mate to the primitive idea which constitutes
the true basis of penalty. Let us suppose
this primitive idea is removed, that there
is no law Of the human mind by which it
pronounces upon the essential demerit of
crime, and demands that its decision shall
be realized in every well ordered society,
and what becomes of our right to seize upon
man and subject him to disgrace and suf-
| fe1ing, because his fortunes will be an edi-
| flying spectacle to others No exigency Of
| local Or State affairs, no extremity of pub
lie necessity, 40 amount OF good to be pro-
duced, can ever make such an intrusion up
on the sacred rights which belong to every
man, anything else than an unauthorized
and attrocious exercise of power. Nothing
but guilt can break down the defences
which stand around every moral being, and
permit us to subject him to suffering for
the advantage of others. It is from this
prior consideration of justice that the pen
alties of law derive their uri ity. It Is be-
cause the community feel that the crimirs!
deserves to suffer, that the example Of his
punishment 1srendered powerful in restrain
ing others from crime, beyond the efficacy
which fear alone would possess. And IN
less the community could be made to feel
that the man who steals horse is guilty of
as great an outrage, OF atroclous CRIME, as
he who takes the life of a fellow being with
malice aforethought, jurors would not be
found to execute the death penalty, If it
were annexed. Punishment is not just be-
cause it is useful ; but it Is useful because it
is just.
As to Imprisonment, it is manifestly
grievance too intolerable to be horne by
the several counties Of the State; many,
if not all OF them Oyerburdencd with debt
and impoverished by the immense losses Of
the war. 1t has no terrOrs for the crlmI-
nal is unproductiye, and affords q school
by the crowding of offenders together with
out restraining, for gradation IN villainy
and crime We consider also, that the re-
preston OF crime by its prompt punish
ment is OF moment, not merely to neigh
borhoods and districts. 1t is Of public con-
Germ. 1t involves the character of the whole
State. To throw, therefore, the whole ex-
pense of maintaining idle offenders upon
the particular localities where they may
happen to commit their crimes, IS more
than Cumbersome. 1t is unjustly and un-
equally burdensome.
We place the claims of Il Penitentiary
upon the two fold ground that If not posi-
lively cheaper than unproductive lmpns-
onment, which we believe it would prove
to be, it is not at least relatively so by i'm
posing upon ali a burden, which is HOW
borne by u part only ; and that it would be
a more certain and efTectual preventive OF
crime than either or both OF orr usual
methods of punishment for offences under
capital felOnics. We believe, however,
that it would be positively cheaper. SINH
lar institutions in other States, have earned
more than tie cost of keeping them up
The Georgia Penitentiary, the only one OF
which we have any recent information,
shows assets over Indebtedness OF over
thirteen thousand dollars for the past year,
We can see no reason, why, under proper
management, similar result should not be
attained here. There IS scarccl y a State IN
the Union but has established q Pcnlten-
tiary, and none of them, so far as your
committee is informed, has ever abolished
them on the score OF economy, OF for any
other cause. Indeed, so far as relates to
| the reformation of the offender, which,
without any mawEish sympathy may well
be considered by legislators in seeking the
| we'll being of the community, the benign
| effects of labor and silence on the criminal,
compared with the idleness and unrestrict-
ed intercourse OF the common jails, afford
the strongest grounds of preference for the
| former He leaves the Penitentiary with
habits of industry, and trade by which
| he is able to make an honest living. We
are aware til the labor performed by the
convicts is alleged to compete improperly
with that of mechanics, and to be at war
with their interests. II the mechanic had
nothing at stake in the good order and peace
of society, the objection might have some
! force. Still it would rest on rather slender
foundations in 5. community which buys
everything wrought by the hand Of me-
chanician, from II steam engine to all axe
handle beyond it's borders.
L his report has reached a greater length
than was Intended leaving still other and
weighty considerations Unpresented, which
will doubtless suggest themselves to the
collective wisdom of the General Assembly.
| In concluding, your committee would
entreat those whose motto IS, 6 sture super
rias antiques, Those who are SO profound
| " convinced of the virtues of the whipping
post, and those universities of crime, the
county jails, mot to mention gallows, which
are not always used even in homicidal felo-
nies,) to consider that we do not to-day
dwell in the social organism into which we
ana our fathers were born that there has
been deluge that we stand amid the
wreck and chaos which it has created, and
whether, as wise men, discerning Alright
the inexorable logic of events, it does not
behoove us to realize the change.
Respectfully submitted,
| j. M. HUTCHINSON,
Chairman.