to capital punishment. The ominous name of this
third story was “Mount Rascal,” intended,
no doubt, as significant of the class of prisoners
it contained. It is said that genius is never
idle: the floor of these cells bore some evidence
of the fact in a variety of very fine specimens of
carving and flourish work, done with a knife.
Among them was a well-executed crucifix; with the
Redeemer, on Calvary-an emblem of hope, showing how
the man marked the weary moments of his durance.
We spoke with many of the prisoners, and heard their
different stories, some of which were really painful.
Their crimes were variously stated, from that of murder,
arson, and picking pockets, down to the felon who
had stolen a pair of shoes to cover his feet; one had
stolen a pair of pantaloons, and a little boy had
stolen a few door-keys. Three boys were undergoing
their sentence for murder. A man of genteel appearance,
who had been sentenced to three years imprisonment,
and to receive two hundred and twenty lashes in the
market, at different periods, complained bitterly
of the injustice of his case. Some had been flogged
in the market, and were awaiting their time to be
flogged again and discharged; and others were confined
on suspicion, and had been kept in this close durance
for more than six months, awaiting trial. We
noticed that this worst of injustice, “the law’s
delay,” was felt worse by those confined on the
suspicion of some paltry theft, who, even were they
found guilty by a jury, would not have been subjected
to more than one week imprisonment. Yet such was
the adherence to that ancient system of English criminal
jurisprudence, that it was almost impossible for the
most innocent person to get a hearing, except at the
regular sessions, “which sit seldom, and with
large intervals between.” There is indeed
a city court in Charleston, somewhat more modern in
its jurisprudence than the sessions. It has its
city sheriff, and its city officers, and holds its
terms more frequently. Thus is Charleston doubly
provided with sheriffs and officials. Both aspire
to a distinct jurisdiction in civil and criminal cases.
Prisoners seem mere shuttlecocks between the sheriffs,
with a decided advantage in favor of the county sheriff,
who is autocrat in rei over the jail; and any criminal
who has the good fortune to get a hearing before the
city judge, may consider himself under special obligation
to the county sheriff for the favor.
We noticed these cells were much cleaner than those
below, yet there was a fetid smell escaping from them.
This we found arose from the tubs being allowed to
stand in the rooms, where the criminals were closely
confined, for twenty-four hours, which, with the action
of the damp, heated atmosphere of that climate, was
of itself enough to breed contagion. We spoke
of the want of ventilation and the noxious fumes that
seemed almost pestilential, but they seemed to have
become habituated to it, and told us that the rooms
on the south side were lighter and more comfortable.
Many of them spoke cheerfully, and endeavored to restrain
their feelings, but the furrows upon their haggard
countenances needed no tongue to utter its tale.