The warden of the prison, a gentleman
named Mitchell, and his guards, said that women did not mind confinement
in the dark hole, and got no harm from it--though it was shown that
after being so confined for a day or two, they were scarce able to stand
and wholly unfit for work. The guards declared that the women could not
be effectively disciplined except by flogging, and threatened to quit in
a body if the practise were disallowed. Dr. MacDonald, of the prison,
testified that although some wardens might abuse the power of flogging,
and had lashed women on the bare back instead of over covering of one
garment, as prescribed by the rules, still he favored whipping for them;
he said the use of the "leather" was really more humane than the
dungeon. Secretary Yancey, of the Prison Commission, also favored the
lash.
On the other hand, State Representative Blackburn said that it was "a
dangerous policy to give such wide discretionary powers to wardens
scattered about the state. It would give rise to terrible abuses and
mistreatment. The sovereign power of the state should not be delegated
to individuals only remotely accountable. The punitive system should be
carefully guarded, and the line of punishment mapped out, otherwise
evils will creep in; no corrective measures that border upon cruelty
should be used." Representative Smith added that if we "put the power to
use the whip on women in the hands of brutal and incompetent wardens,
the same cruelties and atrocities which have shocked the civilized world
will be repeated.
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