Newspaper Page Text
OUR PENITENTIARY. '
Concluded from First Page. I
that for one thing throughout the civilized
world she is censured and condemned, and
that is her vicious, cruel t.rei iniquitous
system for the care of ler con Gets. May
the God of wisdom put it into the head and
hearts of this General Assembly to work ;
out such a reform as justice and humanity |
require, and which the world e,<n approve. ■
Mr. Speaker, it has been intimated and I
even charged that the committee reporting .
this bill have been actuated by nu tiv< s to :
excite prejudice and bad feelii pby f-Ise I
representations in o'der to promote their •
own political ends. This is no r.ewaceusa- i
tion for them to make. It hr.? been made j
against every man and commit! -- thut has I
gone forward to an honest disc’tnrg; of duty
and were bold enough to speak the truth.
But in so far as it relates to me red this
committee, I here and now, ; renounce the
insinuation or cbarge frbm wl ttei out <
it may come, as being as fal.:e a ■ it i t un
just.
As for me I have b< gn moi "1 by but. ore
purpose, and that is to know the truth, to
speak the truth, and to work out such re
form as truth, by God's bl-.jsirg. urey
direct.
MR. Jil.t E, OB Wit.KES,
said: I have listened with groat attention
and much intere.-t to the remark? that have
been made on this floor since the question
now before us has been under co: sideration.
1 have heard, sir, the. unm. as' red condom
nation that has been heaped upon the hor
rors and attrocities that are alleged to ex
ist under the present system of managing
the convicts of Georgia, but str, I have
failed to hear anything from anylgentlerarn
who has discussed this question which
shows that the system proposed by the
committee and embodied in the bill now
before this House will remedy the evils that
exist end put an end to the abuses com
plained of. While we must concede that
there are things about this convict system
as now managed which we do not approve,
yet sir, I am not one of those who I elieve
that the system it»<;f is at fi.iilt, but rather
think that the trouble coni. . fr in th ■ fact
that the law as it bow a imis d t s no: fur
nish adequa'e means tor th- ) rop< r en
forcement of its pro. isio.s Whil I con
demn the felon and am rot led away by
any false sympathy from tie :n. • . it ti»
criminal who has violate 1 tie I w should
be punished, yet sir, I rememb r that this
criminal is a humane being and .-hi uld rot
be abused weile serving out’the sentence
that the law has put upon him and rm
therefore willing to put around him a 1 the
safe guards necessity to pro e t him from
abuse. But sir, we sit -uld rermmi’m.v that
every change is no u cci tsarily an imp- -ve
mentthat very frequently changes bring
with them abuses that were not possible
before such changes were inale. In my
judgment, Mr. Speaker, the hili prop ed
by the committee will not accompli h the
purpose for which it is intended. fi’liile
it has merits there also about d within ii
grievous faults tbatwi 1 cause its operation
to be attended with abuse.--, which a; pr« - nt
are impossible, The gentle-men who
framed this bill have put m it provisions
which not only will not improve t-.c system
but will actually injure it —it provi es :
board of managers and under th. tn a war
den at each convict camp. The bill,
sir, in plain language, is simply ovcrloadt d,
The substitute which I lave submitted
simplifies and strengthens, and re.nuv. s
from the original Liil those provisi- ns which
would destroy it. I propc e, sir, under
this substitute, to wipe out the entire sys
tern of wardens provided by the biP, which
will save to tint pe.q-le cf Georgia. from
fifteen to twenty t oils'.nd d -11 rs a year
in actual money, and at the same time will
save them from the disgrace that would be
brought upon them by the corruption that
would follow th:.- placing cf these cheap
employees in the camps ot the Ic. secs. How
long do gentlemen suppose that a man
who would do the work put on these war
dens by the bill at the salary therein fixed,
would remain the .free an i impartial offi
cial? Such a creature Would tin'
eye sore to all .honest people, a very vain
pire upon the lessees, who vou’d be ob’.i 'ed
to buy him in order.to .nt along with him
at all, and to the util' •rtnm-.'e convicts
placed under his supervision he would be
the most cruel oppressor. The substitute
provides that the Board of Managers shall
do all the work—they are to ni ire all the
rules and regulations tor the humane gov
ernment of the convicts, and by an inves
tigation of one camp by each one of the
three managers each week they are to see
that these rules are fully carried out—they
are to report to the Governc r of the State
all wilful violations of their rules by the
lessees, when it becomes the duty of the
Governor to have such alleged violations
inquired into by the proper tribunal, and if
sustained by proof, to take from such lessee
the convicts entrusted to him. Every de
tail is provided for and entrusted to the
Managers, who receive a salary and occupy
a position that will secure for these offices
men who. will be just to the Slate, just to
the convicis, and just to the lessees, and
then, Mr. Speaker, we shad hear no more
of these abuses that come up from the con
vict camps and cause the blush of shame
to rise to the face of every Georgian. 1
hope, sir, that this substitute will commend
itself to the General Assembly and become
» law.
MB. HAMMOND, OF THOMAS;
Said, he was persuaded that there
were some views honestly entertained
by members which did not < 1
w ith the proposed change. 'J he ar
gument had pioceod-'l strangely.
No feeling that could animate the be..; of
a humane man had been left ui touched.
Harrowing pictures had been presented,
facts and testimony had been ; ro-lue-jd, is
sues of fact bad been raised needlessly, and
improperly. His app-ehi n tens had been
excited by the clo.-ing argument cf the
chairman of the committee. It was an ap
peal to self-interest. It behooves us to con
sider well our action, A very small por
tion of the argument had been d -voted to a
discussion of thequestion on its merits. L
is darkly hinted that the exigencit stat
policy demand some hasty action on this
subject, in order that it tnriy be taken out
of state politics. _ Ah! what artful intriguer
has been working up this condition of
things? The committee had a delicate task
before them —that of investigating alb ged
abuses of the state admiuistiatioii. fbey
encountered the danger of opposition to
persons of influence and power. Ho ac
quitted the committee of all unworthy mo
tives. He did not believe they would ex
pose the suppose defo' mitii-s of our fate ad
ministration simply for the ridicule of igno
rant critics. And yet to that complexion it
had come at last. Already the public prints
are teeming with accounts of outrages on
unprotected people in Georgia. It was en
tering into national as well ns state politics.
There had been one question hinted at in
this discussion which had not received a
definite answer. T here was, the power of
the Legislature to act upon this question
notwithstanding the arrangements it had
made for the control of the convicts.
For himself, he had uo such doubt
The stale had mot surrendered its police
powers. The njagnitude of the ques
tion was first to bi- taken into consideration,
then the means to accomplish what was
needed, and then the question how the pro
posed charges would euect the interests to
be touched. Conscientious legislators
should not make any engag- mm-u without
knowing that they have the means of carry
ing them out.
Was it asking too much of the friends of
the bill to let him put in. some words lor
the good old commonwealth of Georgia?
Georgia, trying to rise from the ruins ot
war —Georgia, emerging from a state of
confusion and derangement-—(.< orgia, with
out resources, bereaved and wi —
Georgia, with her sons exiled or astraeised i
—had to meet and deal witn great questions
like this. With a mighty army of convicts,
she had to solve the difficult questions of
their best custody and management. 'The
power that took these millions of people I
ano invested them with citizenship assumed 1
the responsibility for the act and for their
condition.
The house was watching and waiting for;
some scheme that promised adequate re- ■
form. Was this the plan ! i'll- re are three :
things that niay be laid down as established I
rules —three evils admitted to attend the i
administration of all systems—-they entail j
new charges outlie public; they furnish |
new opportunities for corruption; and they I
tend to a division of official responsibility. •
! Is this bill, in of these three respdets, Bn |
I improvement on the method now in force ? ■
I In 1874 the legislature'passed the present I
act, which contained a l the safeguards !
by the bill- before the house. He read that!
act and' compared its provisions with these |
of the bill. He contended that the system I
of 1874, if carried out faithfully and |
honestly, was infiitely preferable to ;
; the bill reported. it made ample i
I provision for the humane treatment of
I the convicts—-the men who bad made ;
I themselves enemies of the State by viola-|
i tion of its Jaws, rind had incurred its pun
' iirhment. The objection to the division of j
| responsibility applies with fats! force to
; the bill. The act, in force, had but one ;
i head ; the bill, provided for at least eigh
; teen, and each and every one of them in
| vested with executive, legislative and jn
; dicial functions. The report made to the ;
i last Legislature was much more startling {
I than the one lately made and under the in- i
I fluence of that report the General Assam
i bly passed the aet of 1878 9 as the wisest
| measure of supervision and control that
'.could be devised. Where is the proper
: seat of local self-government ? The I .egis
i lature thought that it might be iut'us'ed to
.'the grand juries, and msde it the duty of
-1 the grand juries to inspect the camps in
' their respective counties. The best authori
ty to which the general supervision of the
, system and the execution of the laws could
, 1 be left was to that of the executive of the
J Sla<e. The true remedy-was to hold dere
, i lict officials to their responsibility and duty,
| instead of instructing -the work to new
hands. He computed the expenses of the
. ; system proposed by the committee at $14,-
. I 500. In the eighteen y.e.trs which the lease
: i has yet to run, tho ex’rao-dinrv-y expense
1; of this scheme would amount to $200,000.
l I He said that the cost of keeping convicts,
> according to statistics at hand, ranged
; from $65 to $240 a year —an expense whit h
, j Georg'a, in h r impoverished condition,
■ could illy afford by keeping her convicts m
. : idleness.
I He compared the r-Milts of the rx sting
; system in Geor-Ja with those of oiler
i States, and claimed the superior merit for
. i Geotgia’s in reformatory, re*uh?, in sanita
.; tiou and in economy, tn Pennsylvania
' and other States, a much larger proportion
Hos the convicts had to be re comniitted.
. | after r, lease, than in Georgia. Hespe ta
, j ble people of New York had arraigned the
■ State prison at Siug Sing lor ntrt- ity and
; inhumanity such as had seldom !>■ < n ex
■ hibi;ed.
mb. hunt, of srAi.nis'o,
i Said . It is with s me hesitancy that I rise
T to reply to the, distinguished gen-J-man
from Thoma-, (Mr. Hammond), who has so
übly h- Id the n t:Cl> : on of the hoir e. 1 have
iis'ened to him p- tie.itly_myself, but must
: ,y th:.t his speech containe 1 more of rhet
' or c than logic. I had about c< ne’uded
; that w-i would have a monotony of argu
1 ment- that all the speeches would be upon
one side < f this question —and continued of
that opini -n during much ot the time the
gentleman was spe king for it wns a great
while m-fore 1 could ted which ride he was
.on. Ills speech, which coot-ined much
• legance. fad li t’e cf sound argument,
for ti e g< nth-ni n etart -d out with the
’ proposition that the repo tof the commit
tee- contained issues of fa.-t. needlessly
and unfortunnt- ly brought before t :e coun
try, and his argument is. that if on ■ evil ex
istswhich may demand public attention, and
which may imptritively demand leg-.clo.t.iv
consideration, it is nfedlcss and ui fortue
nal> to consider the same.
Mr. Hammond- -needless and unfortu
nate unless those alleged facts be true.
Mr. Hunt —The gentlemen shell lew
the b nefit of this qualification, but 1 would
inquire how are we to determine whether
. the alleged facts are true or not? Thea!
legation and charges made are not die
co 'jecture.s, but they conic from a commit
tee acting under oath, and I will say now
that their report.'is not only conservative
but is fair in every particular. In every in
stance wiiere a fact is alleged to exist, it
will be found that it is based opon what the
members of the sommittco saw with their
own eyes,- and when reference is made to
any report which comes from a convict, the
committee does not vouch* for its truth but'
states the report and tells where it comes
from having it to the body topass upon not
only th fact .. < ■lilnHt.v ot the. wit-
ness. Is it "Heedless and unfortunate’' for
men who are chosen on account of confi
dence in their fidelity to the State and the
States interest —is it “needless and unfor
tunate’-for such men to investigate an' evil
which is bv many con rdered a stain up u
our civilization ? Is it proper to say thi.t
a, serious charge is made, made at home,
made from abroad and vouched for by a
sworn committee, but inasmuch as an in
vestigation will result in exposing to view
an ugly truth, we should cover it up for fear
of the disgrace that will follow exposure,
and continue the iniquity for all time to
come. What a proposition to emanate
from so distinguished a. gentlefmn. A
bare statement exposes its fallacy. The
euesion of this subject may excite the ‘ ma
lignant vipers,” to whom the gentleman
refers, but if a truth is alleged to exist,
ought we to conceal investigation from fear
of foreign criticism ? Let me say now,
that severe criticism may come from abroad,
but a demand for rerorm comes from our
own citizens and the gentleman may talk
about the “exigenicies of politics,” causing
agitation but it is not entirely what he may
think, that tbe lower element of society de
mands reform. Visit every section of
Georgia, country, .town and city, and you
will find it is the intelligent and btfcnd.
minded country-man. the thinking towns
. man, the practical far-seeing, liberal man
in every locality who is urging reform —in-
deed demanding it feet? not fear ’.hat we
disgrace ourselves by removing a disgrace.
Even as a man should examine his own
conscience and a-.k what offense has it
lone, so should every legislator inquire,
wherein does a dublic law offend against
sound policy and common humanity.
The gentleman went further anl argued
that the stain of this institution lies not at
Georgia's door, and would il'oroby exoner
ate ti'is body from resp.m ibilily. true, it
mi y be that the stain was imposed in evil
times by evil haws, but when the r. ins
ol State fell into the bands of its own rtp
resentative people, the first act of the law
maker was to abolish abuses, one alone
they left unmolested and that wes the
convict system with its innniuev.-. >ic abust s.
Every legislative body which refused to
correct the evil became, n., a body, a p:vrty
to tbe wrong, anil this body has io dt cid
between two question?, either that it will
correct ext ting evils, or that it will ratify
and become a party to what, exists.
The props-ition ma le by the gentleman
from Thomas, that there will be a divi it i
of responsibility if tbe proposed commis
sion is adopted, and ilr-reforc what’s every
body’s business is nobody’s, would apply to
the railroad commission, which has three
members. He loses sight of the fact that
the official duties of the Govern or and tbo.-e
of the Principal Keeper prevents their
leaving home to visit the convict, camps. It
is more than one man can do, and those
who have the duty to discharge should
have nothing els? to claim their time and '
attention.
Tne gentleman went further, and com- |
mented upon the fact that grand juries of j
the counties where camps of convicts are ;
located, are required by law to visit camps i
notice, and placed Kress upon the i
idea that they, investigated those camps |
without notice. He seemed to lose sight i
of the fact that every man knows i
the time when ti e Superior court of hi.- |
county meets, and the strange absurdity I
of the law which fixe..-: that a body whicli ■
shall meet on a certain d«y known to the ;
world, and which remains in session but a ;
week, shall visit without notice, find merit j
in the eyes ot the gentlemen. The law in i
. lici t say-, the Grcid Jury shsi' -ueet ami
investigate ou a certain advertised day of!
which the lesser-s shall not have notic- . al- I
; though the world .‘ hall.
The gentlemen may condemn the idea of |
believing the slory told by convicts, but I'd i
inquire now can an investigation be made I
In atty other way ? Pass this law and corm
rect the evils and abuses ot the system and !
I there will be no farther occasion for inves
l tigation, and the evil of bringing this sub- ;
I ject into polities will be forever removed. I
; Air. Speaker and gentlemen, we owe to the ;
people ot the state to adopt such reform as
I shall free the citizens from having lugged I
I therein this unfortunate i sue.
i The sanitary argument has been loudly j
■ proclaimed and done so with uti air of tri- i
umph. Now, I would accord great credit ■
i to Hr. Raines, a thorough, efficien'j humane !
physician, wliu has dis* I
! charged bis arduous duty; but must
! insist that the sanitary argument proves
; but one fact,and that is that our
I convicts have been healthy and few have
I died. It is a’so a most striking tribute
I to the climate of our state, but it does not
l disprove a single alleged act of cruelty.
I Lft us for a moment consider the rea-
I sons urged by the lessees why this bill
I should not pass. Do they say that the
i change is dangerous to the interests cf so
ciety? No. Do they urge that the con
i viction of the guilty will be less frequent?
: No. D > they contend the change will not
j secure impartiality of punishment after
j conviction.? No. Then why do they ob
! j- et to being supervised ? Afark it, gentle
| men, they protest against interference be
i cause it will affect a contra't. How can
; the enemies of this bill afford to stand upon
! such a fliniFy platform ?
j Mr. Speaker, much has been said and
by a strangn co iucidt ncc. simultaneously
: s. id, by the pre*s of the Stan- on the .- ib-
Iji'Ct of "maudlin sentiment.” and those
! who oppose cruelly and advocate the cause
1 i of humanity, Lave been branded as senti-
■ I mentahsts. For my'own part I am in
; ; flucnc-cd by uo sentimental idea. Although
I I consider ji an bom r to those who are
; moved and inlluvnced_by the higher and
• i nobler emotions. Y'ou may look at the
' I subject, from an abstract point of view, con
witl motion . it col ly
and d'.spt’.s.'.ioiiatoly and with a heart of a : a-
■ ; maiit, ; till, if you will b - true to your trust
' you will vote for this reforming iue<:. :. .
■ No St.iit» can maintain the respect of its
: I own people whose system of punishment
'i is tn disrepute. The guilty will esc tn
' : puni.-.hraent at the hands of sympathizing
“! jurors who abhor the system of punishment,
. and spile of the charge of the court will
. ! acquit certain persons whom they would
■ not doom to whs t they term a cruel fate a .
1 f tte innompatable with tl.eir position and
, habits of Ide. It follows that criminals o’
a certain class escape punishment. It
should be the motto of the btate that within
t: its bounds there shall be none below the ;
' law’s protection and none above its r>-
■, straints and penalties.
But eveu in the event of conviction, pun
isLm-. nt is not impartial. The lessees •- r
interested oily ii> a pt>cun : t'.ry sense. The
. qu i-tion wit i them is only one of profit. I
- I heirs is :: speculation- I’hey s:re m t oil!-
‘ i-< : rs of the State nor executiisof th- law.
I How, then, is i exj •
all alii e. or to provide uniform punl.-h
ui< nt ? The .honor of the State, the i' O:-
ests of society, justice nnd cot; num fair
: ms- <a' not tifford to toieiato tucli a i ..d
--ministrati' n of public justice.
Ti.e Slate cannot part with i c-mstitu
’ lional duty to supervise its polio.' i-.--u
' tiocs; and 1 undertake to s-'y no civiliz-.d
; State has ever yet decided that private in
dividuals c iu acquire vest. -I rights superb r
to the his.he.-t right of tin- State—th - r’ght,
! to regulate t ie manner of depriving citi
zen? con' ieted ol crime of lib- r:y.
REMARKS OF HOX. J. 1. SWC.AT, O) < l.txril.
1 Mr. ■'yie'-H. er -I would not tierpa -s < n
i the ii . eof the House nor presume o> en
| ter ii to thia discussion but for the fact that
! durb g la-' w ::t'r.-’s session 1 intrimucrd a
' i bill to pr o-id'- I r the care. 1a!or at d e
I form of the convic ed criitninqls of Get rgia
; which now L. s upon the clerk’s desk nt, er
’ I an ad; rse rep ri from the committee on
’ | the pen' er.tia y. •? Inch I ask o e e'er!-, n,
1 | react as part of the ren mis I de- : • : ,'ly
I to t-übmit on this quest on.
' ! !T he clerk r< a l the bill j
I Mr. i>/it <tker . I hatb.ll defines try jo i
■ ( ti- n on this question. It provides :oc be
! a: edition of the present let.se system tn d :.
' : n-utru to tin improved penitentiary syst tn.
i Under Such a system the convicts woufd
’ I always be under the absolute c ntrol ol
j the state and its officers where flair
• health and moral reformation conld be
■ I better cared for.
' j Again sir, under the present lot: o sys
litem, punishment cannot be p: op arly e'ra-
■ ded. Every p r?m regardloss of the natui-i
of the offence, or the character or sex ol
' the convict, is now placed side by side to
■ labor in chains, and subject to receive the
• same treatment. The only difference is
the length, of the term of sentence. Un
der the' System propos' d by my bill ti e"
punishmeut and vure of the conviit could
oe properly graded in accordance with the
nature cf the offence and the character aittl
' sex of the convict. But sir, it is said a re
turn to t.be penitentiary system wo ;id be
t expensive.' I'his Ido not. believe would be
■ the case, on the contrary I believe such a
I system could not only be made seif sut
tabling, but b? made to bring a revenue to
: the state. Yet sir, whether this would be
the case or not, I am in favor of it, for I do
■ not believe the.state should become a spec
ulator on crime.
Mr. Speaker, tbe right to abo ish the
' present lease system has been questioned
Sir, to my mind the right of the state not
only to reform, but to abolish the system is
perfectly clear. If we did not have th s
right, l':w government its>-lf could be de
: stroyed. The right to control all matters
pertaining to governmental affairs and
relating to the penal and police
regulations of tbe state, lies at the
very foundation of our government,
is aboslute, and cannot he legislated
away. But it is said tbe lessees have vested
' rights which cannot be taken away. This
I deny, and assert that in a matter like this
the question of vested rights does not exist
and cannot arise. Suppose that instead of
the present lease aet that it hid been pro
vided that the Governor might lease the
convicts, not only for a mere nominal sum,
out, that he might be authorized to pay a
bonus to parties to take them, and that
. such a contract, had been made, would it be
• contend' d fora moment that a subsequent
- legislature hud no right to abrogate it?
Most as-urediy not.
Mr. Speaker, while the pending bill does
: not go ss far as 1 would wish, yet, sir, il
, tends to reform t e present syst m, a l I
will support it. But I give notice, that if
the c.inim'.tlee’s bbl or tlm substi'ute offered
I by he. gentleman from Wilkes (Mr. lb'eae)
..ii c-h 1 believe is virtually the bill of the
committee with a change iu some of its
features, is no accepted and does not p i-.',
I then 1 shall move to recommit my lid in
: order tt> bring the issue up fair ami sqm-re
as made by the bill.
Mr. Sp. nicer, 1 prefer the substitute of
! feted by the gentleman from Wilkes io the
■ committees bill for the reason that it. dees
I away with the warden system which won] I
1 not only cost some twelve or fifteen thous
and dollars ar.d perh.a; s more, bn: th-?, war
dens would be r quired to live at or near
the convicts camps, subjected to the in
fluence «rd coutrcl of the lessees, and could
not, or would not a.eomplisb that amount
of goods, which the ' Board of Managers ci
Convicts,” as pro- idid iu the sul.-ititute,
removed from there influences a-: they will
be, can accomplish, and as it is made i.m ir
duty to do. They m>t otdy make rules and
regulations for the government .an I hutuaue
j treatment of the convicts, but are required
| in person to visit at least one camp each
I week to see that these rules and regulations
| are observed and fully carried out by the
i lessees. And then it avoids any division cf i
responsibility and makes the three ntem
! bers, constituting the “Board ot Managers
of Convicts.” alone responsible.
Mr. Speaker, it has been said that the ir
vcsiig-ition and report, made by the sub
committee - n th<-p'uitentiary was and is
exparte. Whether that be true .or not, I
believe their investigation and report to be
impartial, fair to the convicts and the les
sees, whitewashing no one, and representing
as they did, not only the legislature, but
thro i them the whole people, including
the lessees as w.-. 11, I bevieve their labor.-,
deserving of the very highest commenda
lion.
Sir, wiihon going into detail, the abuses
shown, to exist, by the report of the commit
:■ tee, under the present lease system, call
i loudly tor the abolition of the system, or
! the passage of some such reformatory
I measures, as proposed by the pending bill.
I But sir, whether the present lessees be good
j men or bad. and whether the evils and
j abuses complained of exist or not, weshould
pass the pending substitute as a guard and
preventative of evils and abuses which may
hereafter occur, for we know not who the
sueceeiors of prerent lessees may be.
Mr. Speaker, in conclusion, I appeal to
those who would abolish the present lease
system, to the members of the committee
who reported the original bill now- before
i the House, and to every member who is a
• friend of reform of the evils and abuses
! which now or may hereafter exist, to rally
I to the support, of the pending substitute, as i
i a step in the right direction; let it be ’
I adopted, pass this House and become a '
1 law, and much good will be accomplished, i
MR. JEMISOX, OF 8188,
Spo’- ein favor of the substitute. He
thought the discussion had drifted from its
moorings and was now dragging its anchor
He argued that the substitute offered by I
Mr Reese does riot vary the present lease]
system hut merely sees that it is properly
carried out. It is useless to talk of vested
rights. The gentleman from Thomas ap
■ pealed to the prr judice of the House in his
eloquent effort. The lease act gives the
; Governor the power to annul the lease at
anytime. But this law is not carried out.
The substitute merely proposes to do so.
and it is but justice and right that we
should-see to it that the law is simply car
ried out.
MR. ESTES, OF HALL,
1 Sai l I ha.-l not intended to utter a word in
this discussion, and while I do not feel com.
I polled to speak as some have intimated
they were. I deem it my privilege, if pot
utr duty, to say something on this behalt,
> and I do not propose to promise ns the gt n-
- tieman did who has just taken his seat,
- (Mr. Jemison) to consume only ten minutes,
lest, as be did. I also should break tl e
Ido
promise however, to consume just as litt’e
I time a-' possible considering the magnitude
.. |of t i;.- >■ ■■:. And. .Mi. Sp-i--. I pro-
.. ! p-.s-.:’ in t'.c first place to discuss the repeat
y | of the committee, uotwithshnnling -he fact
!- | that I have, not yet been able to see that it
t; ie legitimately before the house, but. because
others I ave. based most of their remarks on
< it. and have referred to it as proof that the
t I blii ren r cd by th" committee ought to pass.
, I i ask the et’ent'on of the hous-"- t >
g ; the rending of portions of the report, (Mr.
i Estes here rend several extracts from the
i ; report) and proceeding said :
l | Air. Speaker, I appeal to tbe sense of jus-
tice of this house if it is right to take these
complain'? entered by convicts us to th-'ir
treatment, and tints reflm-t uno-t the con
duct and character of the lessees of the
convicts without ever giving them a hear
ing.
i w.li Imre refer tn n fact that every !nw-
V< r in this bouse will it d- tso. It is i*.is,
Ina practice of twenty-five years, dtti-i ng
which timo I have d» f'mled many crimi
ivtls--.-ot’.i'' f - r-v rye. iine iu the cata
ogue, 1 m ■ i r found more than five in a
hundred id n t tel! me from first t/>
last that ti,- -v< re poor p-rseculed innr
eents v . ■ otlnr people, were gt.iby,
liars, ;i: ■; .i.drels. This story tla-y told
bi j til. t. ( nt house, o i th.e trial and
n ■ the «|1- »O tbe gal'ows if one
c hant ■ ■ .-)-■■ t ti::.‘. a'■ Now, I ask if 't
is possible th. ' this felon six uld be sd F.ud
dealy trav formed in’o a trad i'ul sattit that
upright cii-zi-i s should !>? acc- S' -l ot t-iim
mities ti'id outr. s end not allowed a
chance to cxpla ; n or fl--ny ?
1 ui'tor-e the sentiment so ably and elo
quently iiti-i- J iiy ;!■' gen'lc-meu from
1 homo.-:, : Mr. Hammond.; when he fays
that thei-.egem.i"iiH-h at ■> -.;■ Ole 1 to an im
partial trial before :i j'oy o‘. their i>-
• Alni I would nil, ti t iii y are t-nt.ti.'.l to
I the right t comded to the very humblest
: erimi. ni. ihe r glit of bt-n g confrouted by
! the witni saesi testifying against them.
Ihe com ■ i say "if.iy comp'o’n of
their irca'mc-ni, t' it li y have not enough
; to eat, llmt. t!.. . have t ■ work too long an I
rtpo hard.” 'they farther’say, “theif -so
■ are not as neat, as poas L c.” Now I sub
mit, if tie eis a i. : ■ in this bouse who
j aiis in the army, who does not r*mcT..'.c r
tberc '.''re !>■ mtwoto munn .ioievcry
j company, v.ho never did get enough ,10
! ca : , t.cver would wash his p- r-ou or his
[clothes, never would button his coat on
[ dr'.si par oic- nor ck -n bis gun tor i'-.spe l .--
! ton. and yet h- alw.-.ys c-mplained th: : he
j n-. d tco riiiicb tn -. r>.
! Now if-this wasof men volunteer: o
rto fight for liberty to defend .a great cause,
! wtiat eeictj yr>-.. ext" Ct to Lear from convi :-
ted felons ?
Mr. Ai.lr.cr— 5 should like to interup- t! ■
gentleman.
."dr. Lfe-tes—Certainly, go on.
Mr. Milner—The committee, reported
•.■.hat they saw and beard, and should like
to know if the gentleman denies the truth
of the statements made in that report ?
Mr. Estes—-I neither admit nor deny tl e
truth of toe statement, I only coritend tl it
the pa-..-tie - who are here arraigned befcre
tir.o tut-iiigent body lor cruelly and out
rageous conduct r.’f every son should be
heard, in their own-defer,se before we. are
J calied upon to pass judgment upon their
~ acts. Surely the committee do not prater d
| to iu e.’ir.e al; teat the co'.i-.icts t'.ld them
as to the truth of it.
Mr. Milner—Ml o committee mean to say
that what they saw they vouch for as true
and that thi-y heard all they say they
heard.
Mr. ‘Estes —Then there if no issue be
tween us. lam truly gl: dto hear the gen
tleman thus qualify ’his very solemn Oath,
beemt.-e some persons doubtless understood
him to mean more than he now says.
Now, Mr. Speaker, I submit that it is
universally the case that persons deprived
of their liberty complain at their lot. Did
any such one ever get enough to eat, enough
to wear, enough rt st ?
The gentleman (Mr. Milner) pictured in
glowing terms and in the most eloquent
language, which I would fain imitate if 1
were able, the dramatic gesture s of a cer
tain Italian convict. The gentleman says
could not understand a word be laid, but
bethought lie kneeled in prayer for deliver
ance from cruelty
Ah I Mr Speaker, tbe first murderer
when he heard the tentmee —“A iugjiive
and a vagabond shalt thou be in the earth,”
with uprurned eyes and plaintive voice
s:.id. My punishment is greater than I can
bear.”
fir? is always the wail of tbe ccrr-ict.
But, gentlemen, we should remember that
there are two sides to theFe coses.
What if you could unroll the testimony
adduoid, on the trial of these criminals ?
How many limes would you find that the
vieiims of these felons who now complain
at lb; ir treatment wnli upturned eyes and
pleading voice, implored the wretch to stay
i is murderous baud and spare helpless m
nocenc" ? How much then did be heed
the cry ! I would have justice, i partial
just.co, done. 1 have often thought bow
beaut.fii w.i? th-.- conception of t ie ii'.cfentr
:d; a of justice. Th'-y represented htr ?
mind g.jgde A, dad in white, r. at-d on a
io'.ty pedestal and wi:h suspm.de 1 b.dance
held in eqaipo.-e. "I i.us were ... ill sitics
represented, both s'.i s heard.
-di'. Spe .Ire:-, another member ofihe com
mittee (Mr. I’ost) Las se n fit to adduce
iiere tliat grandest, of all the tr.’ig 'ii-.-s ever
beheld Ly eyes of ang'..!- or ot men, the
cruc liiiltu'., and in words es buinifg eio
queuce dul the gentleman refer to that
grand pardon, when the dying -leans looked
upon the repentant thief and eaid ‘ this day
shalt thou be with me in Paradise.”
This was but half the story. . Why did
u ■ t. the gentleman also tel! that the other
chi t went straighway to Hell ?
Nay Mr, Speaker, the laws of God and
of man alike demand that crime should be
punished. We are in great danger when
we would, screene the criminal because he
complain:-!. Vie are too apt to mistake his
remorse lor his repentance. We owe it to
society thatfthe, laws should be vindicated,
i-in Inor. 11 : v.-ri'rii fc/i r i flirt mitlif
the innocent protected, ana the guilty
. punished. That celebrated jurist Judge
Hopkins in his charge to a jury once ni
si tered a noble truth when he said that‘‘Mer
i cy to the criminal is olteu cruelty to socie
ty "
Mr. Speaker, I have deemed it due to the
; gentlemen whose characters and conduct,
: have been subjected to so much adverse
r criticism to say this much, I am nut tee
■ champion of any- one. I would not. be un
derstood as justifyixg. paliating, or exten
uating a single act ot cruelty. I admit.
> that ;.els of unwarrantable cruelty have
■ been affirmed and admitted. No one de-
I p!o < - them more than 1. But these things
• are inevitable. I appeal to old slave-ownei ;>
■ if it did not occasionally happen that des-
. ; pite the fact that you w< re humane, kind, 1
i i and generous, sometimes an overseer would
i i inflict upon some offending slave-cruel and
i ; inhuman punishment. But how could you
; help yourselves ? So too i ask gentlemen |
• to show us a remedy for the i-vils which all
■ admit exist to some extent
You say you will get the right sort of
men to enforce your law. Where w»il you
find them? If you were to enter on your
search where would you expect to find a
better man than James M. Smith the Hon
orable member of this house from the coun
ty of Oglethorpe and one of life lessees?
Where would you find a better one than
: Uenj G Lockett or W. B. 1.-fawe, or lastly i
j but not least, where would you find one •
• whom you would sooner truest, than the U. S. j
! isenat or from Georgia, Mon, Joseph E. I
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Brown. Ido not believe that these men
ever willingly termitted cruelty to convicts
or ever will. We arc proposing a fearful
cxp'iiitneii'. We nc.w have ample laws, and
th. v are in the main properlv execute.'.
1 11." acts <;t c:u> Ity spoken cf are small,
iiidet'l. in t.uinb-r. Geor t mtH are. rot
ctir ■! rov wi.-.t d t!:■ y i alii-;<■ crmlty. It
you today wire to i nter y tt 'x> cutive
i.fliie and m-k our noble (fever:.or ts he
ever beard of anyone of tb-e outragoß.
le would l 1 veil no rover Then is:
it r elit I :-i<. to .irrmnn G. or v. and ler
, ::i ils a- tie:' rofpib ie < p’> >tr for
th- ts, tbe ike . f which never have I e. n
ptevet te I and tie- < r wilt be 9
Gent'emi ii spt-. kof a si. in tipon Geor
gia a b o’: on bi r '-st-nleb 'n. I I" id in
my h’.t.d Ai-p'eton ? A->'.t t can I’ycmpedia
I ,-.-k gentlemen to-re min- it. 1 i ave r.--t
time to reed it but I s.y with pr de. t.s ::
Gtorgian, ; ! t'U will cxaminti under tie
title "'prison' ’ yon will see that Georgia f
i-ui.vi.-t :y o i'i i- the l--t m th<- world.
Judged by f '■ rubs laid down I y the ) bl
lartbropists who have trade priFon reform
the -tu i. ol their lire.---. Georg a stand: par
excellence above al! the civilized ?ta '
nations an-l eount' e-> ' » f -m-h. L’erdn.th
riot- is the least, and therefore from a sant
tory stand p-int 1. r system is epprovt d.
less moi her or per o-mtum i as be. n renin
tenet d afr- r being <.i-charged. l und iherelore
from a roll ■.-. union ,-.tand point. G-.-otgia
lei-ds the van. an ! lastly wmle i e .ivcr.ige
pi r capita of all other systems, of the cos'
of maint-.iiiing convicts i* from about Bl ■>
to SHOO, Georgia derives the sum of f’25,000
for her’s. So that judged re- a : unitary, re
f* natatory or economical inf.tituti ; . n, it
Georg a’s sy.-tem is a stain upon her proud
name, then 1 would ask in the name of jus
i lice. liou' S'.v and truth, what <1 the other
states and n tions?
I Bat, Mr. Speaker, before I c’ose, I am
reminded that gen tinmen denomi rate the
money derived from the, leise. <f the con
victs "blood money." 1 he: e is nnotl.-r
side to this also. 1 have seen Lite family
against some member, of which one cf
these great crimss has been commuteed
poor in this world’s good f, without friends
or influence, or money come to tbe lawyer
and beg that he tp'gbt prosecute the,crim
inal. 1 have seen a long, tedious trial,
when the costs amounted to hundreds of
dollars paid out of 1 xes wrun g from the
hard hands of honest toil, paid, too, by in
nocent widows and orphans in c.rder, to
bring outlaws to justice I would ask i:
tlit is not blood money too 1 wouldi .sk
if it is anything but right that these demons
in human form, as many convicts are, these
cruel outlaws, should, by work, which they
never before would stoop to do, should be
tm-.i e to contribute to the State at least. as
much money as the cost ot the trial which
their misdeeds imposed upon society 9
We are told that the people are clamor
ous for a i hange Ot the. convict law. My
opinion is there is about as great a clamor
coming up from the people and declaring
that great criminals tire escaping the jt st
penalties of their crime“
But Mr. Speaker, although 1 think our
present law adequate, and although I
have not discovered in the proposed raens
ures a remedy for the evils of which the
gentlemen complain, yet I am willing to
vote for the substitute proposed by the
cenll'-man from. Wilkes, (Mr. Reese). Bui,
Mr. Speaker, I shall do so fearing the result.
I always approved tbe policy set forth in
the quaint old saying “ Better let well
enough alone.” And f now predict
that if we change onr poll y, if we adopt a
new plan, in five years we will be led to see
we have intensified rather than modified
the evils in our present system. I could not
support tbo original bill, I consent to the
siibtilute inorder that a fair test may be
made, a full record kept, the result noted
and a mo-t vexed question for the pres: nt
settled.
MR. Ml'.t.l:!:, f.F HOUSTON.
said he had st.u tied the convict question for
li o years, and tried to get the re-u!t of his
labors into the present constitution cf the
State and failed. I believe the state is bur
d.'u'-d with 1 250 convicts, nine-tenths of
whom are common field hands, and consid
ering this fa' t it is inipo<sible to have any
thing bat a ie?see system. Put th: sc men
in walls and you incur an awful expen .e t i
tliu St nip.
’The Staie turns its convicts over to men
who are simply interested iu making mo
ney out- of them. This commission pro
pos .d in the su ; ntitu'e merely provides for
t lie c;u n ine out cf the present law. The
pr-op'c of G orgi.i demand that, this ques
tion shall be met and determined. We need
not squabble over the minutite of this bill;
The bill protects tin- lessees as well as the
people. I: provide- !’ r th" punishment of
the convicts as well a? their protection. I
would cheerfully abandon every act I have
advocated in five years' experience in the
Legislature if 1 could secure the passage of
thia bill. I would feel that this act would
crown my labors here if any word cf mine
could aid in securing its passage.
MR. MILNER
Concluded the debate with a few appro
priate remarks, urging tbe acceptance of
the substitute.
THE MORMONS.
The Senate Says They Must
Not Preach Their Vilenc-ss
in Georgia.
The Senate to-day, August 19, passed a
bill with but. few dissenting votes (and they
on the question of consti’utionaiity) to
make it. a felony for Mormons to advise !
persons in this State to adopt their “pecul !
iar” doctrine. We heard only one speech I
on the subject, which we give.
J. G. PARKS, OF Fl.l.Vt.Mqt DISTitICT. j
Mr. President.
It bad not been my intention to ad- ■
dress the Senate upon the subject matter
us the bill which we are now considering; |
Lit, after bearing the earnest and appareni- '
ly plausible argument which has just been
made against the bill by the Senator from I
the 13th, (Mr, Guerry), 1 feel constrained I
:o take issue with him concerning the legal !
questions involved and discussed by him in
:ne debate. I shall do him the justice to [
;ay that I know he is perfectly conscien-i
io'us in his oppos-tion to the bill, and that |
ie sincerely believes that the provisions of .
.he bill contravene the sections of the con- |
ititution to which be has referred. He '
loubtless belongs to that sect or school ot I
Politicians who are denominated " strict I
tonstructionists; ” and, I apprehend that'
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Ilf
it is only from a strict.—yea, the strictest,
construction of the constitution that the
Senator can so interpret its plainly written
words as to deduce the views which he has
jm-t enunciated. He insists, and insists
stfenuouslly. that if we pass this bill it viill
be in violation of the constitution of tbe
United States as well as of Art. 1.. Sec. 1.,
Paragraphs 12, 13 and 15 of the Constitu
tion of this State. Is this eo? I can not
think thus; 1 will not believe it. What is I
sought to be enacted by this bill? Ex
amine and read for yourselves, Senators, |
and you will s< e that the bill merely pro
vides that any person who shall in a public
or private assembly counsel or advise !
another to violate the laws of this State for- j
bidding polygamy or bigamy, shall be pun
ished as prescribed in the 2nd section ofi
the bid. We ail know that one who conn- i
seis procures another to commit a crime is ■
isati accessory, and that we now have in |
Georgia’s code of laws a statute which i
makes it a misdemeanor to attempt to I
commit a crime. Then is it inconsistent j
topass this bill? 1 insist not, It is en-1
tireiy constitutional and eminently proper •
to make it a criminal offense for any person |
to counsel or advise another to commit a ;
crime. The counsellor and adviser, so far |
as respects his own guilty conduct, is as
much an accessory as if theadviee had been |
pursued and his criminal and evil counsel
obsetved-
I concede that the constitution gttaran i
tees to all ci izeus liberty of speech and
liberty of conscience; but ti.e constitution !
expressly declares that the right.of liberty i
of conscience shall not be so construed ns!
to excuse acts of licientiousness or justify i
practices inconsistent with the peace and!
safely of the state. Are the teachings of
polygamous doctrines and practices calc-u-!
lated to promote tbe peace and safety of |
the state and its citizens? It so, then t|
admit that the bill is unconstitutional ;
But 1 affirm that the teachings of poj gamy
are inconsistent with the peace and safety
of tbe state, for they inevitably tend to
sap the life of domestic happiness,' to blight
conjugal love, and touiidermine those sweet
liinenitics us home and the i'anrtly altar—
these constitute the great bulwark of con
stitutional liberty and good government. I
The constitution allows every person to I
speak, write aud publish bis sentiments on;
all subjects, but, holi s him responsible for J
the abuses of that liberty. Speaking and
publishing doctrines which teach polygamy
is an abuse, a flagrant abuse of that liberty
of speech, and, by this bill, we seek to pun
ish that abuse, and to make the perpetrator
responsible for his vile utterances, and the
teaching of his creed iu Georgia,
By the provisions of this bill we do not
seek to proscribe any sect or order of relig
ionists on account of their faith; but we do
mean to prevent, or attempt to prevent, '
any man, or set of men, under the guise of
religion and under the cloak cf holiness,
from corrupting the pure-minded daughters
of this commonwealth, and by their machi
nations and devilish teachings, persuading
thoughtless and artless women to embrace
tbeir faith. The bill does not name Mor
mons or refer to the Mormon doctrine; but
I it applies in general terms to professors of
, any religion whatever, or non-professors,
; who in this State endeavor to persuade, or
counsel and advise others to violate the laws
of Georgia forbidding polygamy and big
amy.
Air. Guerry, interrupting “Will the
•Senator allow me to ask him a question ?”
Mr. Parks —" Certainly, sir.” "
Mr. Guerry—“l ask if it is not the pur
port of the bill to affect the Mormon mis
sionaries who come to Georgia, and if
passed, will it not have the effect to prevent
them from preaching in this Stale?’
Mr. Parks, answering, eaid: I hope, in
God’s name, it will have that effect I These
missionaries are in league with hell and
the devil, and the practice of the deoasing
doctrines which they teach are in violation
ot the laws,of God as well as of man. They
are forbidden in the very book by which we
swear, ausl on which we were sworn to sup
port the- Constitution of the State and ot
the United States. We have it written in
letters of living light by tbe fingers of inspi
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| “Thou shalt not commit adultery;’’ and the
Son of Gcd, while on earth, reiterated and
I reaffirmed the command. For myself, 1
I shall never be persuaded to believe that our
forefathers, whose wisdom and patriotism dic-
I tated the terms of the federal constitution,
and the good men and true who framed
j Georgia’s organic law, ever for one moment
| dreamed that the language of the constitu
! tion could be so perverted as to sanction
| tbe teachings of polygamy under the garb
! and faiiatacum of religion.
| The makers of onr constitution never in-
I tend-d to invite these emissariis us eatan
ito come here. They never anticipated that
lin this state could the plain meaning of
! the constitution be construed into that
| which the senator from the 13;h has just
now enunciated. I see upon the floor of
; the senate char-her the distinguished mem
: b?r of Congtess from the fith district, Col.
IN. J. Htimmond; and lam thus reminded
! of the fact that tbe national legislature, the
! Congressjof the United States, has for many '
‘ years been grappling with this Mormon
1 problem, and enacting stringent laws to
! break it down. The president in his recent
;ly delivered inaugural, declared that he
too would use every effort to crush out this
Mormon monstrosity of polygamy. Arc
these utterances of Congress and of Presi
dent Garfield not sufficiently emphatic to
teach us. .pur duty in contending with the
evil in our own state ? Can we not emu-
i late such examples as those to which I have
i alluded ?
i Ido believe, Senators, that when you en
-1 graft this law up >n the statute book of
I Georgia, you will have followed the princi
ples of the constitution, and will be carry
ing cut its provisions, ena- tiiig a wise law,
one that may benefit present and future
generations, whom we should desire to pro
tect from tbe vile propagators of those vile
and infatrfous doctrines. It can do no
harm —it may be the means of doing .goed
T;:e press and the people arf all crying
aloud for more stingent laws upon this sub
ject, and I insist that there is nothing in
the constitution which prevents the General
Assembly fronts Inking at this great evil.
1 heartily trust that the bill will therefore
pass.
The Mountain Trade i
ATLANTA MERCHANTS
A ND OTHERS, WHO WISH TO CALL AT
/t teutionof Mountain -Merchants, and vis
itors generally to the Cotton Exposition to
wh-t they have to sell, can find no better
nndium for advertising their goo Is than in
the columns of t he
ELLIJAY COURIER,
which does the official advertising for Fau
nin, Gilmer and Pickens counties, and has a
general circulation in eight aounties of North
Georgia. For rates, etc , address ,
‘ THE COURIER,”
Eilijay Ga.
Roanoke College,
' t
SALEM, VIRGINIA,
291 h Session Hegins September Till
CILzASSIi’AL, Scientific, Elective and pre
/ p,r. i li>ry courses. French and German
spoken, l.ibr iry 10,000 volumes. Instruction
thorough and wholly unsectarian. Churches
of five denominations. Ui I inAle unsurpassed i
—college surrounded by mo mraiiis. Expen
ses fur 10 months from SIUU to 3220. Students
from all sections. Catalogues tree. Address
secretary. *•
iEmory College,
ORGANIZED 1*37.
rpHE Fall Term opens the First Wednesday
1 in October, with a
FULL FACULTY OF TWELVE.
“Seney H«ll,”now being rapidly* built, will
afford largely Increased facilities. The
Special
“'SENEY HALL” FACULTY
Offers rare opportunities to y ouths preparing
lor the reguiar College Classes, and to those
seeking only a thorough High School English
Business Education.
BOOK-KEEPI*G will be Introduced next
term and thoroughly taught for 120.
Write to the undersigned tor lurtherlnfor
mal ton.
ATTICUS «. HAYGOOD,
President, Oxford, Georgla-
S. LT. F. College.
COVINGTON, GA. 1
4 MOST LIBERAL PROPOSITION TO
A PATRONS!
Give me 200 pupils the next, term, begln
ningSept Mb, and I will rtduce cost of tui
tion, embracing Mti'-ic, etc., to 84C—collegiate
year. Wo extras—<mc-half -rash on entering,
and the other part Ist Feb., 1882.
< ombination and cash payments will secure
the above rates, and the school be first-claae.
as heretofore.
Board can be had in good families at 110,
sl2 and $12.50 per month.
Try this new scale, and yon will be satisfied
that cost, <4 education can be cheapened and
of good grade still. Send for circulars.
Respectfully, J. N. BRADSHAW,
Aug. Ist, 1881. President.
Virginia Military Institute,
LE.VING l ON, VjV.
Supplies, by a well arranged curriculum
full studies for an academic degree, and
makes lioeral provision for the special In
struction of the civil and Mining En
gineer, Chemist, Geologist, and other Indus
trial Pursuits. Tlie Superintendent lias been
unable to meet the demand for graduates,
upon remunerative offers as Engineers.
Address
FRANCIS 11. SMITH,
Superintendent.
THE UNIVERSITY
—OF—
NORTH CAROLINA.
NEXT SESSION WILL BEGIN
AUGUST 25th, 1881.
Combines the advantages of the old Currie
ulum with special and extended instruction
according to the University system.
Connected wltli it are schools of LAW. of
MEDICINE; and of PHARMACY.
Special facilities given for practical stud!**,
sucn as
Analytical and ARrlenUnral Chemis
try Land Kurveyiuir. Book-Keep
ing, Bnslneaa Law, Phono
grapiiy, etc.
Expenses, Including tuition and room rent
1185 to 8230 per annum.
Address for catalogue and particulars,
UilllP. P. UAI ltk, L.I-.D.,
Preaid ent.
Uaipj, M.ill, A jr.a Carolina.