Title
Background Information & Analysis
Description
Background Information & Line of Inquiry:
In the wake of the American Revolution, the 'founding generation' was changing the way the penal system functioned throughout the former colonies. It may even be seen as a complete rejection of the British system, because "although debates over reform of the colonial penal system began in the years leading up to the Revolution, that event gave new impetus to the discussion" (Braatz 426).
This project seeks to compile a collection of documents that exemplify how this wave of reform in penal practice is seen in Charleston, South Carolina, between American independence in 1783 and the end of the century in 1799. It seeks to build on the work of Erin E. Braatz, linking the historical context of penal reform as understood by the Founding Fathers to the history of South Carolina to answer the questions of who went to prison and why, and what was prison like in Charleston, South Carolina in the late 18th century?
Analysis & Conclusions:
The penal reforms of the time may be seen especially in the Grand Jury Presentments. In the January 1793 presentments, the Grand Jurors request warm blankets for the prisoners. Perhaps one of the most telling cases presented here is the May 1795 Presentments' desire to create a bettering house for certain criminals, as well as the repeated concerns over the condition of the gaol (jail). In particular, some present concerns for the prisoners' health because of the condition of the gaol. However, it is also important to remember the fear of the gaol as a breeding ground for epidemic disease (Grand Jury Presentments October 1786). There is also the case of a thirteen year old boy being paroled on account of hunting illegally to support an aged parent (Grand Jury Presentments Sept 1793). A culmination of all of these sentiments may be seen in the Grand Jury Presentment with no date, which calls for a revision of the criminal code to replace the current punishments with confinement and hard labor, as “the disproportion between crimes and punishment is unreasonable, and the latter are so far from being calculated to deter from the commission of the former, that they tend to harden and barbarize men, and to increase the number of criminals.” This sentiment directly correlates with changes in other states (Virginia, Massachusetts, and Pennsylvania) examined in Braatz's work.
While the arrest warrants from the Littlejohn Collection are perhaps not quite as interesting as the Grand Jury Presentments, they do offer some insights into answering the questions of who went to prison and why--mostly debtors.
In the wake of the American Revolution, the 'founding generation' was changing the way the penal system functioned throughout the former colonies. It may even be seen as a complete rejection of the British system, because "although debates over reform of the colonial penal system began in the years leading up to the Revolution, that event gave new impetus to the discussion" (Braatz 426).
This project seeks to compile a collection of documents that exemplify how this wave of reform in penal practice is seen in Charleston, South Carolina, between American independence in 1783 and the end of the century in 1799. It seeks to build on the work of Erin E. Braatz, linking the historical context of penal reform as understood by the Founding Fathers to the history of South Carolina to answer the questions of who went to prison and why, and what was prison like in Charleston, South Carolina in the late 18th century?
Analysis & Conclusions:
The penal reforms of the time may be seen especially in the Grand Jury Presentments. In the January 1793 presentments, the Grand Jurors request warm blankets for the prisoners. Perhaps one of the most telling cases presented here is the May 1795 Presentments' desire to create a bettering house for certain criminals, as well as the repeated concerns over the condition of the gaol (jail). In particular, some present concerns for the prisoners' health because of the condition of the gaol. However, it is also important to remember the fear of the gaol as a breeding ground for epidemic disease (Grand Jury Presentments October 1786). There is also the case of a thirteen year old boy being paroled on account of hunting illegally to support an aged parent (Grand Jury Presentments Sept 1793). A culmination of all of these sentiments may be seen in the Grand Jury Presentment with no date, which calls for a revision of the criminal code to replace the current punishments with confinement and hard labor, as “the disproportion between crimes and punishment is unreasonable, and the latter are so far from being calculated to deter from the commission of the former, that they tend to harden and barbarize men, and to increase the number of criminals.” This sentiment directly correlates with changes in other states (Virginia, Massachusetts, and Pennsylvania) examined in Braatz's work.
While the arrest warrants from the Littlejohn Collection are perhaps not quite as interesting as the Grand Jury Presentments, they do offer some insights into answering the questions of who went to prison and why--mostly debtors.
Source
Braatz, Erin E. "The Eighth Amendment's Milieu: Penal Reform in the Late Eighteenth Century." Journal of Criminal Law and Criminology 106, no. 3 (2016): 405-472.