Richmond Enquirer

RICHMOND, JULY 24, 1821.

FOR THE ENQUIRER.

PENITENTIARY—No.4.

It is a maxim almost universally admitted, that whatever is to be prosecuted or effected, the person charged with its execution should be responsible either in his character, or by a pecuniary penalty interested in a faithful discharge of his duties. A responsibility to a man, whose character is at stake, is by far the most powerful excitement to stimulate his exertions in promoting the cause in which he is engaged. It is only necessary to furnish him with the requisite means to prosecute his undertaking. When his reputation is at stake for a dereliction of duty, so long as he regards his standing in society and an honourable character (the most valuable acquisition attainable in this world,) he furnishes the greatest security to a faithful discharge of his duties, and one which is most likely to crown his labours with success. The next is self interest for the sake of gain, and of all others the most general excitement prevailing amongst mankind; with some, this predominates over every other passion of the human heart.—These being the governing principles of the world, it is like changing the course of nature to place men in a situation, where neither of those motives has any influence in directing the duties that are to be performed by public agents; such is the case of the penitentiary agent as established by the late act of the Virginia Legislature. This law is one of the most incomprehensible documents that perhaps ever got through a legislative body. The wisdom of able lawyers has not been able to find its true meaning and intention; it is so loosely and ambiguously expressed, that to execute it literally prevents the accomplishment of what no doubt was the intention of the Legislature should be effected.

A question occurs under this law, how far or whether, it was the intention that the labour of the convicts should be turned to the most advantage; or whether they should only be closely employed and depend on chance for the disposition of the manufactures? If it was intended, that the greatest facilities should be afforded to the selling of goods and articles manufactured, the object is defeated by the law, in prescribing the mode, and by depriving the seller of any interest either by responsibility, or by the quantum of goods sold, in consequence of a fixed salary, instead of a commission. Upon general principles, where is the inducement or stimulus for a person to fatigue himself with endeavouring to get off your manufactures, when it matters not, (as it respects his compensation,) how much or how little he may sell? Will any man attempt to say that an agent is responsible for the quality of the goods when he was not the manufacturer; or that he might have sold them when it is evident that his store doors were always open? Of all things, a fixed salary without a responsibility to excite a faithful discharge of duties, is the most obnoxious in a republic. It engenders an apathy and a dronish disposition in the incumbent. Why is it the custom to give a commission to collectors, sheriffs, and all other public-officers, (where the nature of the office will admit of it.) instead a fixed salary; but to induce them to discharge the duties of their office more advantageously to the community? Suppose the sheriffs were to have a fixed salary, as a full compensation for all their duties, is it to be expected that they would give the same satisfaction and perform their duties as well as they now do? It is the same case with an agent for the disposition of penitentiary manufactures. There is something more essential to effect sales, than merely to keep the store doors open, and to wait on a customer when he calls in. This is well known to every commission merchant that does such business. They are not satisfied with merely saying, that they have such and such things for sale, no indeed; they put every nerve into requisition to aid their interest; but had they a fixed salary, they could slumber at their ease. They have and can show the articles deposited with them for sale, and their responsibility is at an end; their employers cannot with propriety charge them with neglect, because they have it not in their power to know whether they could or could not effect sales. Still, I should be opposed to a commission where it came in conflict with an independent discharge of public duties.

If there were not sales to a large amount, and at less expense, while the agent was appointed by the Directors of the Virginia Penitentiary, who prescribed his duties in every respect, than there will be under its present organization, I shall be very much deceived.

This agent is likewise to purchase all the raw materials, however great the variety is, and though most of them can only be judged of by a mechanic, or the person who knows the use they are intended for, and has the direction of the work; and who is and will be responsible to your customers for the quality of the manufactures, or work done. Can it be expected, that thus situated, things can be continued with a probable expectation of success, when one person, and he not responsible for the quantity and quality of work, is to procure the raw materials; and another (who is responsible) to have it executed. Suppose an article should give out, (although a timely requisition be made,) is it likely, that he who is not responsible, will go as far out of his ordinary course to procure it, as one who has a great deal at stake? I say it is not. Are the hands then to be kept idle, until some lucky chance throws it in the way of your agent, at the responsibility of the manufacturer? This must be the case; notwithstanding the law does not, in express terms, hold him so responsible, the public will. It certainly is very inconsistent and destructive to a regular business for the head of it not to select the things wanted in its prosecution, and to be held at the same time responsible for its good management. It is a ridiculous policy to have two persons to do that which properly belongs to, and can be better done by one. For instance, an article is ordered; your agent is not a workman or mechanic, and of course not a judge; he must get it at haphazard, and send it to the penitentiary, there to be judged of and rejected with the double expense of transportation, or the superintendent (whose duties are by law confined "to the internal police and management of the penitentiary house") must attend to its selection. It is supposed by some, that his time is too valuable to be spent in procuring the raw materials. This is a very mistaken idea: for that of selecting the crude material, from which an useful and valuable article is to be wrought, is next to a proper system of punishment, the most important object that claims his attention. There are none upon which his time can be more profitably and usefully employed. What was the character of the work done at the penitentiary a few years since, when the same course was pursued in relation to procuring the raw materials, that has been again introduced by the late law? They were so inferior as not to sell, except when supplies could not be obtained elsewhere. Within the last three years the manufactures have been greatly improved. This was owing to the manner of selecting the materials by the person who was responsible for the work and practically acquainted with mechanical business, and of course, better acquainted with the things necessary to carry on business than any other person. As the same causes produce the same effects, so the uncertainty and difficulty of procuring the raw material and maintaining the character of the variety of articles manufactured, will again occur.

This was a subject that claimed the serious consideration of the directors. Upon the formation of that board. (they were acquainted with the affairs of the Penitentiary before their instalment into office.) they knew when an overflowing competition had grown out of the effects of the late war, that the existence of the penitentiary depended on improving its manufactures, and introducing others which were likely to come into demand.—To effect this, they were equally aware that a proper selection of raw materials was all important. Notwithstanding they were desirous of giving the appointment of purchasing agent to others, they were induced to give it to the then keeper, under a conviction that from the nature of things, no one else could do it as well; that he was more deeply interested than any other person, and therefore would make such a selection as would enable him to promote the prosperity of the institution. I have been told the duties were performed to their entire satisfaction. It is true that it took up a part of his time from the penitentiary, but not in the least to the detriment of its police, which continued to improve, and is said to be equal to any on the continent.

It must be admitted by every candid observer of experience, that the superintendent is the proper person to procure the materials necessary for the penitentiary, and that he should be ex officio the purchasing agent; whether he has or has not an additional compensation in consequence of the additional duties thereby devolving on him, make him responsible to any extent your please, but only for his own acts and doings.

How far it is desirable to dispose of the work done in the penitentiary, is a subject of consideration, and one on which the existence of the institution greatly depends. It should claim the attention of the proper authorities with as much zeal as its continuance is desirable to the friends of humanity. It is as natural for persons to go to the manufacturer for an article he wants, as it is for water to descend. This makes it necessary to have an agency at the penitentiary to accommodate customers, or a reasonable calculation upon selling cannot be expected; this may be done without injury to the police or going into the prison, or even seeing more than one convict. There are but few persons who do not like to give instructions for a valuable article he wishes to have made, (except he has confidence in the manufacturer, and thinks he knows better than himself what it is he is in need of,) and to inspect it too at the shop, before he takes it away. If it suits him, he then wishes to pay for it without further trouble; and not to be under the necessity of first inspecting it, getting the cost, going to town, seeing the agent, paying him for it and returning with an order, or waiting a week for the delivery in the presence of the directors before he can get what perhaps he is in a great hurry to use. There are but very few that will be customers on these terms, merely to save the difference in the price of the work at the penitentiary, and at the shops of others; without encouraging persons to get things from the penitentiary as they are made and repaired. The labour of the convicts must be devoted to the manufacture of shoes, nails, tin ware and other things of small bulk, which will so completely overstock the market as to produce a great loss; the effect of this new arrangement is already greatly felt in the operations of the penitentiary: and the longer it is continued, the more destructive it will be to the mechanical and selling departments:

Whatever agency for selling might be established at the penitentiary, I consider it improper for the superintendent or any of his officers to have any thing to do with it. He should only make engagements and contracts for work, and turn them over to an agent for payment.

The foregoing remarks are made upon general principles, and not intended to find fault with any individual having an agency with the penitentiary, or with those that were instrumental in making a change in the law. They may have acted purely to benefit the institution and produce public good; which to me appears ill calculated to aid or facilitate the operations in any one respect; but so far as it is connected with the fiscal operations (upon rational principles,) it will very evidently injure the disposition of its manufactures, as well as produce a greater expense in effecting sales, than the course established by the board of directors, who are infinitely better judges and can manage this business more advantageously than those who are unacquainted with the circumstances of things, having a direct effect upon the operations of the penitentiary.

These hints are thrown out for consideration, under a hope that some abler pen may be induced to take up the subject, do it more justice and promote the cause of humanity.

BECCARIA.