Early Governors' Papers

I would consider it good policy to build the walls, not less than 100 yards square. Sixty or 70 crim inals might be advantageously employed within a smaller circumference; but it would be infinitely better to have room to spare at the beginning, than to be under the necessity at any future time of providing more. The Ky. Penitentiary was orig: inally too small, & the Legislature was under the necessity of having it enlarged. The number of convicts here varies from 70 to 90 in number & I have not found that I have too much room with the lowest number.

Have any culprits been confined for second offences:/

A considerable number, perhaps about one fourth of the whole. Some have been confined heretofore in this state, but a greater number have been confined who have been convicts in other states.

I am very Respectfully Your obedient Servant Joel Scott

Office of the Secretary of State Frankfort Septr. 16. 1826.

To His Excellency The Governor of Tenessee.

Sir,

I am instructed by the Governor of this state, to inform you, that your circular of the 17th of July last, containing queries, relating to the Penitentiary system, has been received. In order to furnish you with full and satisfactory information, the letter was refferred to Mr Scott, the keeper of the Kentucky Penitentiary; a gentleman in all respects qualified to give a detailed and accurate account of that Institution. His statement is herewith enclosed.

Mr Scott has, I perceive omitted to answer, two of the queries propounded by you. One of them is, - "Does the Institution produce a revenue, or is it a charge upon the state"? The Penitentiary of this state has been until the year 1825, wholly unproductive, and has drawn

sums of money to a considerable amount, from the Treasury for its support. The Legislature of 1824, impressed with the necessity of regenerating the Institution, so far at least, as to make it support itself, passed a law, by which, it was committed to the care and keeping of an individual (Mr Scott.) It was leased to him for a term of years, on cer: tain conditions, which may be found, by referring to the law on the subject, in the session acts of 1824. These acts have been heretofore forwarded to the Governor of Tenessee.

The other query not answered by Mr Scott "is as follows - "is it the general opinion "of the most experienced and thinking part of your "state, that Penitentiaries afford the best means "of attaining the great ends of justice? to wit, "the prevention of crimes and the reformation of criminals"?

In relation to this branch of the subject, I am directed by the Governor to inform you, that much diversity of opinion prevails among the people of this state. It is thought to be extremely doubtful, whether or not, "refor mation", the principal end and aim of all pun: ishment, is in any degree, attained by the adoption of the Penitentiary System. It may be assumed as a fact, that a great part of the convicts, who are discharged from confinement, by persist:

ing in their vicious courses, are, either convicted of second offences, and sent back again to the Penitentiary of this State, or persevere in their career of crime in other states. A reference to Mr Scott's statement, will shew, that as a means of "reformation", but little is to be hoped for, from the system. But it is attended with one advantage, at once obvious and incontestible, and which is admitted on all hands: That is - that the con victs for the time they are confined at least, are restrained from committing crimes and from infect ing society with their presence and example.

Viewing the advantages and disadvantages of the system, I think the conclusion may be safely assumed; that ^although the people of this state are aware, that it is attended with some inconveniences and imperfections, yet that it meets their approbation generally; and that there is no disposition manifes ed, to any considerable extent, at change it for any other.

I have the honor to be, with sentiments of the highest respect, Your obt. Servant. J. C. Pickett Secretary of State