and Penal Code Penitentiary

expense, convicts, labour, transportation, criminals, plan, prison, sum, expenses and balance

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The plan of punishing convicts by labour on the high ways and streets, was fully tried in the year 1786, and I well remember the shocking scenes then exhibited, ald the universal disgust they excited among all classes of citizens. The law was intended to continue only three years, and during that period, for its repeal, co vered the tables of the legislature. It was accordingly permitted to die, and another was passed upon the first proposed principles of labour and confinement.§ If the expense of transportation be urged, I apprehend that its superior economy will afford an argument in its favour. The late Paul Cuffee stated that thirty eight persons taken out by him to Africa, cost one hundred dollars per head ; and it is not probable that the expense of the convicts will he greater. But granting that it will amount to S150 per head, it will be still less than that in curred by keeping the convicts in penitentiaries. Let us see what is the cost of the present plan. The annual expense of a convict in New York is $177.81,* and at the last re turn, previous to the report of the committee of the senate being made, the number of convicts amounted to 817. The sum which these cost, as remarked by the committee, would prepare 800 of the youth of our country, for lives of public usefulness, by an education at College. Now as crimes must necessarily multiply with the rapidly in creasing population of the United States, it is to be pre sumed, that the expense here complained of, will be doubled at the end of the next ten years, if the system of keeping reconvicted reprobates in prison be continued. But suppose that the price of transportation, and of the annual cost at home of a convict be the same, the advantage would still be in favour of the former plan, because the first expense will be the last, without taking into considera tion colloidal advantages to be presently mentioned. In Philadelphia, according to the prison-inspectors,' re port to the legislature, Feb. 1822, " the expense of feed ing and clothing a healthy prisoner for one year, is about S103: his labour, it constantly employed is worth about 5100," but from various causes, he is often idle, and hence there is generally an annual balance against him, which is paid by the county in which he was convicted.1• From the year 1816 to 1320 both inclusive, this balance amounted to S47,434 74 The costs attending the criminals, their sup port in prison before trial, and of the expenses of the courts at which they were convicted, will certainly amount to the same sum S47,434 74 94,869 48 The cost of removing prisoners to the city from the counties during the same period, was 33,391 29 128,260 77 The whole cost from 1794 to 1820, as stated at my request by the auditor of the commonwealth, was 575,504 79.

Cost of provisions for the prison, untried pri soners, vagrants ; expenses of criminal courts in city and county of Philadelphia, from 1814 to 1821 inclusive 195.678 54 The items constituting this last gross sum were taken from the books of the county commissioners. It is how ever only a partial statement of expenses connected with criminals, between the years 1814, and 1821 ; the sums paid in some years for the prison and courts being overlook ed. It has not been deemed necessary to go further back than the year 1814, or to calculate the precise cost, in any one year, of a convict. The sums here stated, must lead every one to attribute much of the expense to repeated convictions, a great part of which would have been saved, if the criminals upon conviction, had been sent away. In forming an estimate of the actual amount or the loss sus tained by the support of convicts, it is obvious that the value of the work done by them must be reduced, front the gross sum disbursed on their account ; but it is known that for many years past, the amount received for the pro duce of their labour, has been much below the cost of their maintenance. The accounts of the prison are not laid before the public annually, as in other states, but a few items have occasionally been published, from which some opinion on the subject can be drawn The expense in 1816, exclusive of the value of the con vict's labour, and expenses of the institution, was S36,411 55 cts. In 1817, including the vagrant departmem it was S37,772. The value of labour that year, was S 19,949 ; leaving a balance of 818,223. In 1818, the expense was

S36,655. The value of the labour was S20,829 ; balance against the prison, S15,826. " In the year 1819, the defici ency was S18,941, and it was presumed that the deficiency for the year t820, would be quite as great."t What strength is there then, in an argument derived from fears of the cost of transportation, when expences equally great, nay, greater, are daily incurred by the states in convicting and reconvicting their criminals and keeping them at home? The superiority of the cost of the home system, is not the only argument in favour of the transportation plan, on the principle of economy. We ought to take into consi deration, that the country will annually save a considerable sum, by the diminution of re-convictions, of the losses of property ; and of the passing forged bank bills ; and that the wide spread of immorality and consequent increase of con victs, arising from the intercourse of reprobates with less hardened offenders, will be greatly checked. Finally, we should reflect upon the opportunity which the removal of the convicts will afford, of paying increased attention to the reformation of those convicted of first offences. This last consideration, ought to outweigh even that of the supe rior expense of the transportation plan, if such expense would actually take place.

I have said that the plan of each state sending away its own convicts was simple in the extreme. It is really sin gular that there should be a question, or any difficulty made about it, especially by men brought up in a sea port, and who are familiar with the theory and mode of conducting commercial transactions, and with the practice pursued by government in conveying munitions of war, or other articles, in chartered vessels, to a distant country. is equally singular, that objections should be made to transporting convicts, on grounds, all of which, except one, (compulsion,) apply with equal force, but have never been urged, in respect to the colonization society for the blacks, a scheme which, notwithstanding the disastrous results that have followed it, is pursued with undiminished zeal.

An objection to transportation has been derived from fears, that if the criminals were placed on an island, they would quarrel, and destroy one another. To this I reply, that there is little danger of such events taking place ; but, on the contrary, that we have more reason to suppose they will live quiet orderly lives, from the operation of the causes before mentioned ; the influence of a natural prin ciple of self-preservation ; from the uncontrolled freedom they will enjoy ; and the want of temptation to steal. Be sides, by living single, and being deprived of spirituous liquors, they will not have an opportunity of gratifying pro pensities which constantly assailed them at home, and -which powerfully lead to the excitement of bad passions. The obvious necessity of enforcing severe discipline, will speedily put a stop to any riotous disposition that may appear. But further, as a means of passing away time at night, we must suppose that they will read the religious books left with them ; that their situation will be highly favourable to the serious reflections, to the origination of good resolutions, and to the revival of early pious impressions, which a long course of guilt had put to sleep ; to the exercise of kind feelings and to friendly ac tions and intercourse between them; and to the excitement of deep self-condemnation, arising from the comparison between their past and present situation. From all these, favourable results may be expected ; hence there is great reason to believe, that the criminals will be employed in pro viding the means of present and future subsistence from land and sea,* and will live in harmony. lf, however, contrary to our reasonable expectations, and the natural course of the operations of the human mind, they should quarrel and destroy one another, we cannot be blamed. It is enough that we have submitted to their repeated depredations, for any one of which, had they been committed in Europe, they would have been hanged, and that they have proved incor rigible, after being placed in a situation the most likely to produce reformation, if any spark of grace had been left in them. The sin be on their own heads.

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