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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..b56aed3 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #55567 (https://www.gutenberg.org/ebooks/55567) diff --git a/old/55567-0.txt b/old/55567-0.txt deleted file mode 100644 index a46ed09..0000000 --- a/old/55567-0.txt +++ /dev/null @@ -1,2440 +0,0 @@ -The Project Gutenberg EBook of The Journal of Prison Discipline and -Philanthropy, January, 1863, by Anonymous - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Journal of Prison Discipline and Philanthropy, January, 1863 - -Author: Anonymous - -Release Date: September 17, 2017 [EBook #55567] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK JOURNAL OF PRISON DISCIPLINE, JAN 1863 *** - - - - -Produced by Larry B. Harrison, Wayne Hammond and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -book was produced from images made available by the -HathiTrust Digital Library.) - - - - - - - - - - NEW SERIES] [NO. 2. - - THE JOURNAL - - OF - - PRISON DISCIPLINE - - AND - - PHILANTHROPY. - - PUBLISHED ANNUALLY - - UNDER THE DIRECTION OF “THE PHILADELPHIA SOCIETY FOR - ALLEVIATING THE MISERIES OF PUBLIC PRISONS,” - INSTITUTED 1787. - - JANUARY, 1863. - - PHILADELPHIA: - HENRY B. ASHMEAD, BOOK AND JOB PRINTER, - NOS. 1102 AND 1104 SANSOM STREET. - - 1863. - - - - -CONSTITUTION - -OF THE - -Philadelphia Society for Alleviating the Miseries of Public -Prisons. - - -When we consider that the obligations of benevolence which are founded -on the precepts and examples of the Author of Christianity, are not -cancelled by the follies or crimes of our fellow-creatures; and when -we reflect upon the miseries which penury, hunger, cold, unnecessary -severity, unwholesome apartments, and guilt, (the usual attendants of -prisons,) involve with them, it becomes us to extend our compassion to -that part of mankind, who are the subjects of those miseries. By the -aid of humanity, their undue and illegal sufferings may be prevented; -the links which should bind the whole family of mankind together, -under all circumstances, be preserved unbroken; and such degrees -and modes of punishment may be discovered and suggested, as may, -instead of continuing habits of vice, become the means of restoring -our fellow-creatures to virtue and happiness. From a conviction of -the truth and obligation of these principles, the subscribers have -associated themselves under the title of “THE PHILADELPHIA SOCIETY FOR -ALLEVIATING THE MISERIES OF PUBLIC PRISONS.” - -For effecting these purposes, they have adopted the following -CONSTITUTION. - - -ARTICLE I. - -The Officers of the Society shall consist of a President; two -Vice-Presidents, two Secretaries, a Treasurer, two Counsellors, and an -Acting Committee; all of whom shall be chosen at the stated meeting to -be held in the first month (January) of each year, and shall continue -in office until their successors are elected; but in case an election -from any cause shall not be then held, it shall be the duty of the -President to call a special meeting of the Society within thirty days, -for the purpose of holding such election, of which at least three days’ -notice shall be given. - - -ARTICLE II. - -The President shall preside in all meetings, and subscribe all public -acts of the Society. He may call special meetings whenever he may -deem it expedient; and shall do so when requested in writing by five -members. In his absence, one of the Vice-Presidents may act in his -place. - - -ARTICLE III. - -The Secretaries shall keep fair records of the proceedings of the -Society, and shall conduct its correspondence. - - - - - NEW SERIES. NO. II. - - - THE JOURNAL - - OF - - PRISON DISCIPLINE - - AND - - PHILANTHROPY. - - - PUBLISHED ANNUALLY - - UNDER THE DIRECTION OF “THE PHILADELPHIA SOCIETY FOR - ALLEVIATING THE MISERIES OF PUBLIC PRISONS,” - INSTITUTED 1787. - - - JANUARY, 1863. - - - PHILADELPHIA: - HENRY B. ASHMEAD, BOOK AND JOB PRINTER, - NOS. 1102 AND 1104 SANSOM STREET. - - 1863. - - - - -ANNUAL REPORT. - - -In accordance with the present arrangement which requires that -an Annual Report should be prepared of the proceedings of “The -Philadelphia Society for Alleviating the Miseries of Public Prisons,” -the “Acting Committee” now proceed to exhibit to the Seventy-Seventh -Annual Meeting, such matters of interest as have resulted from the -action of the Society, or have come under its notice during the year -just past. - -_Law Shortening Sentences._--As the proceedings of the Society in -procuring the passage of a Law shortening the sentences of prisoners -for good conduct, occupied considerable space in connection with the -last Report, which announced that the provisions of this Law had not -then been carried out in the Eastern State Penitentiary, it seems -proper that we should again advert to the subject, that those who -feel an interest in it may understand its present position. As the -authorities to whom the execution of the Law was delegated, declined -acting under it, for reasons which they deemed sufficient, the Society, -upon consultation with their counsel, concluded that the most amicable -mode of proceeding for the purpose of testing its constitutionality, -and the obligation resting upon these authorities to extend to the -prisoners the proffered boon, would be by _Habeas Corpus_, they -therefore had the cases of two prisoners believed by them to be -entitled to their discharge under the Law, brought before the Judges -of the Supreme Court. The decision was adverse, and the prisoners -were remanded to serve out the entire term of their sentences. The -ground taken by the Judges in their decision, was so broad as to make -it very difficult to frame a modification of the Law which would not -contravene the objections raised, and yet retain what were deemed to -be some of its most valuable features. Under all the circumstances, -it has been thought best to let the matter rest for the present. It -is hoped, however, that by the joint action of the Prison Society, -and the Inspectors of the Penitentiary, we may yet procure a Bill to -be enacted into a Law, which shall be so framed as to enable us, in -some measure at least, to effect our desired object. We should have -freely acquiesced in some verbal amendments to the Law, but much -regret that all of its provisions should thus have been rendered -inoperative, as we feel assured that the _principle_ contended for is -founded in justice, and that its practical effect on the prisoners -would be salutary as a part of the Prison Discipline,--not only by way -of prompting to obedience to the established rules, and to habitual -good conduct while in confinement, but also in aiding to promote their -actual and permanent reformation, by practically showing them, that as -it is evidently to their interest to conduct well while there, it must -doubtless be equally so when they are at large in the community; and -the habit thus acquired of looking to this motive, and practising this -restraint on their heretofore comparatively unbridled propensities, -must be of great service to them, on again going abroad into the world. -If this is the practical effect of the Law, it is plain, that it is -not only a boon to the prisoner, but that the community is equally -interested in its operation, as fewer of the prisoners will resume -their depredations on society after their discharge. Besides, is it not -the part of wisdom at least, if not of duty, in framing laws for the -temporal government of society, to follow the example of the Divine -Law-giver? We do not find his code to be a system of punishment only, -but also largely one of reward. If we have there placed before us a -fear of punishment for breaking the Divine Law, we have also exhibited -to our view, in most attractive form, the hope and assurance of reward, -if we do that which is right. - -_Employment for the Prisoners._--Owing to the derangement of the -business affairs of the country, resulting from the existing Rebellion, -it seemed probable for a time, that many of those confined in the -Eastern State Penitentiary would be very much without work. The subject -of suitable and constant employment for the prisoners has therefore -claimed our attention during the past year, as one of considerable -importance. We have had under appointment, a Committee, whose special -duty it was to attend to this matter, and to devising means by which -healthful exercise might be secured, especially for the benefit of such -as might not have sufficient work to occupy their time. We view labor, -in connection with the prisoners, in a two-fold light. The possession -of it is a positive good, not only as a comfort and companion in their -solitary hours, but also as a reformatory agent. And the want of it -is not only a negative, but a positive evil, especially with those of -a low order of education and intelligence, who, being unable to read, -and possessing very little matter for reflection, have no resource -with which to occupy and interest the mind, and consequently there is -danger that by constantly preying upon itself, it may become diseased. -Besides, as idleness has been said to be the parent of crime, it would -be no small matter, if by furnishing employment, we could do nothing -more than establish habits of industry, which probably very few of -those confined in prisons had ever practised in their previous lives. -While at large, plotting or practising mischief and crime, labor has -appeared to them repulsive, and never having enjoyed its rewards, -they have shrunk from it,--but when their evil career has been thus -suddenly brought to a close, and social intercourse of every kind with -their fellowmen is very much restricted, and that with their former -associates is wholly cut off, labor is soon sought after, and is found -to be such an alleviation to their present condition, that they cherish -it as a blessing. And when to this is added the “hope of reward” which -it is most truly said “sweetens labor,” which the credit for “over -work,” granted to the prisoners in our Penitentiary, presents to them, -a powerful additional motive to application is brought into action -with most salutary results. One of the prisoners in the Penitentiary -recently informed a member of our Committee, that he had earned in one -month $17, by over work, after performing his allotted task,--that is -to say, $8 50 for himself, and the same amount for the Penitentiary, -for the use of the County from which he came, and he added, with an -appearance of much interest, that he expected at the end of the three -years he had yet to serve, to take out with him between three and four -hundred dollars. Many of them are thus soon brought to see and feel -that labor instead of being repulsive, as it had formerly appeared to -them, greatly alleviates the necessary discomforts of their present -condition, and also that it is a reliable resource for the maintenance -of those who apply themselves to it. Many also, who on entering had -no knowledge of any kind of trade, on leaving, take with them, not -only habits of industry, but also a pretty thorough acquaintance -with some one or more of the mechanic arts, such as shoe-making, -cane-seating of chairs, weaving, &c. They are thus qualified, upon -again going forth into the world, to take a reputable position in -society, and secure a livelihood without resuming their depredations -on the community. Estimating the value of labor for the prisoners as -we do, it is gratifying to us to know that they have recently been -pretty fully supplied with it. It is the intention and direction of -the Law, that it shall be thus supplied; and we believe, as will be -seen by our foregoing remarks, that it is a valuable adjunct in the -Pennsylvania or Separate System of Prison Discipline. In the early -period of the introduction of this system, some men, of undoubted -talent and philanthropy, strongly advocated separate confinement, -_without labor_, as being the true system, and this plan was actually -introduced and practically tested at the Western Penitentiary of this -State, established at Pittsburg; but it was soon found to be wrong, -and to have an injurious effect, both upon the mental and physical -health of the prisoners. It was also tried in the State Penitentiary at -Auburn, New York, in 1822, under accompanying circumstances however of -great cruelty, and of unfairness so far as it was intended as a test of -the effect of the Separate System on the mental and bodily condition of -those subjected to it. - -William Crawford, who visited this country in 1833 and 1834, under -appointment by the British Government, to inspect the several -penitentiaries in the United States, with a view to applying at home, -any parts of the systems on which they were governed, which might -appear desirable, in the report of his labors and inquiries, which -he published after his return, makes the following statement: “In -America, the opponents of this (the Separate) System, have produced -very erroneous impressions by the publication of certain experiments -made a few years since, of solitude without labor; statements which -have also been widely circulated in England, to the great prejudice of -solitary imprisonment of every description. Having carefully inspected -the prisons in question, I feel bound to state my conviction, that -the fatal effects which have been described, were not the result of -solitude, but of the contracted dimensions and unhealthy condition of -the cells in which the experiments were conducted. A trial of solitary -confinement day and night, without labor, was made at Auburn in the -year 1822 for ten months, upon eighty of the most hardened convicts. -They were each confined in a cell only seven feet long, three feet and -a half wide, and seven feet high.[1] They were on no account permitted -to leave the cell during that long period, on any occasion, not even -for the purposes of nature. They had no means of obtaining any change -of air, nor opportunities of taking exercise. The most disastrous -consequences were the natural result. Several persons became insane, -health was impaired and life endangered. The discipline of the prison -at that period was one of unmixed severity. There was no moral nor -religious instruction of any kind communicated within its walls, nor -any consolation administered by which the convict was enabled to bear -up against the cruelty of this treatment. Nor was a trial of the -same description, which took place in the State of Maine, conducted -under more advantageous circumstances. The night rooms or cells at -this prison are literally pits, entered from the top by a ladder, -through an aperture about two feet square. The opening is secured by -an iron grate used as a trap-door; the only other orifice is one at -the bottom, about an inch and a half in diameter, for the admission of -warm air from underneath. The cells are eight feet nine inches long, -four feet six inches wide, and nine feet eight inches high. The gloom -is indescribable. The diet during confinement was bread and water -only. Thus immured, and without any occupation, it will excite no -surprise to learn that a man who had been sentenced to pass seventy -days in one of these miserable pits, hung himself after four days’ -imprisonment. Another condemned to sixty days, also committed suicide -on the twenty-fourth day.” Our author goes on to speak of similar -experiments having been made in Virginia, where the cells were in fact -mere dungeons, being in the basement, and so dark as to require a lamp -in visiting them. They were not warmed at any season of the year, and -a prisoner’s feet were actually frozen during the confinement. In damp -weather the water stood in drops on the walls, &c. He then adds: “From -experiments of this character no just conclusions can therefore be -derived, unfriendly to solitary imprisonment of any kind, especially -when accompanied by employment, in large and well-ventilated cells, the -arrangements of which have reference to the preservation of the health, -regular employment, and the improvement of the mind of the offender.” - -We are aware that the disastrous results of the treatment of the -prisoners, as set forth in these extracts, was not wholly owing to -their being deprived of labor, but it is evident from the manner in -which the subject is treated by the author, that the evil was greatly -aggravated by this circumstance. We here see, however, what monstrous -cruelty has been practised in the name of the “Separate System,” and -these deplorable but inevitable results were immediately seized by its -opponents and spread abroad through the length and breadth of the land, -both in Europe and America, as conclusive evidence, that these evil -consequences were necessarily inherent in, and a part of the system -itself. The consequence was, that many philanthropic and well meaning -persons beyond the limits of Pennsylvania, became prejudiced against -it to that degree, that there was no opening in their minds to hear -the truth, and on merely _naming_ the system to them they would almost -turn from you in disgust. This prejudice is largely operative to the -present time, and the much to be regretted result has been that this -system, truly humane as it is, when properly carried out (of which the -Eastern State Penitentiary of Pennsylvania may be taken as a practical -illustration), and superior, as we believe, to all others, has not made -one tithe the progress in the world which we feel assured it would have -done if its true character had been understood. - -_The “Separate” and the “Silent” Systems compared._--It may be thought -that we have dwelt long enough on this branch of the subject; but as -its discussion has in some measure brought into view our particular -prison system, that of the entire separation of the prisoners from -each other, day and night, during the whole term of their confinement, -and by inference, if not directly, contrasted it with the “Auburn” -or “Silent” System, where they are separated only at night and at -their meals, but at other times are congregated in their workshops, -&c., under a peremptory rule of silence. We avail ourselves of -the opportunity to introduce two or three short paragraphs from -high authority, with a view to assisting those who may read this -report beyond the limits of our Society, in arriving at a correct -understanding of the important question at issue. - -William Crawford, from whom we have already quoted, a commissioner -of the British Government, and a man distinguished for his humanity -and intelligence, who during more than twenty years had devoted his -time to visiting the prisons and penitentiaries in the United States -and England, in a report on the systems just referred to, made to the -British Parliament, places them in contrast in the following manner, -to wit: “In judging of the comparative merits of the two systems it -will be seen, that the discipline of Auburn is of a physical, that of -Philadelphia of a moral character; the whip inflicts immediate pain, -but solitude inspires permanent terror. The former degrades while it -humiliates, the latter subdues but it does not debase. At Auburn the -convict is uniformly treated with harshness, at Philadelphia with -civility; the one contributes to harden, the other to soften the -affections. Auburn stimulates vindictive feelings, Philadelphia induces -habitual submission. The Auburn prisoner when liberated, conscious that -he is known to past associates, and that the public eye has gazed upon -him, sees an accuser in every man he meets. The Philadelphia convict -quits his cell secure from recognition, and exempt from reproach.” -He also says, “It is a curious fact, that some of the strongest -testimonies in favor of individual separation, may be collected from -those who are the best acquainted with the operation of the Silent -System. We can assert with confidence, that there is not one of the -best conducted prisons, in which the Silent System is effectually -enforced, that we have not repeatedly visited and closely inspected; -and we can truly state, that with one exception only, the governors -of those prisons have acknowledged, that had they to decide upon the -merits of the respective plans, they would unquestionably give their -unqualified preference to the Separate System.” - -The enlightened and excellent Count Gasparin, in a letter to George -Sumner of Boston, then in Paris, in commending the system (with the -practical operation of which in France he was perfectly familiar), -says, “Every government which in the actual state of society, and of -the progress of social science, adopts any other than the Separate -System, will expose itself to the necessity of having, before long, to -reconstruct its prisons.” - -_Insanity._--In a short paragraph in our last Annual Report, we think -that we fully met and refuted the charge frequently made by the -opponents of the system, that its discipline is liable to produce -insanity, and relieved the humane feelings of those who were under a -sincere, but mistaken apprehension of this result, by referring to the -close and systematic observation which had for many years been directed -to this point, in the Eastern State Penitentiary of Pennsylvania, -which established the fact, that instead of the mental health of the -prisoners having been injured, it had in the aggregate been decidedly -improved during their confinement. We propose now, in support of -this position, to introduce the testimony of two acute observers of -the operation of the same system in France. First, the distinguished -Physician, _Dr. Lelut_, known in America as well as in Europe, by -his important work on Insanity, &c., in speaking of the results of -an examination of the prisons on the Separate System, which he had -made by direction of the French Government, states that there were -then in France twenty-three such prisons, and that he had examined -about half of them,--and goes on to say, “In all these houses, I have -confirmed _de visu_, what was previously declared by theory, that the -Separate System, independent of all the facilities which it offers, for -elementary and professional instruction, for the moral and religious -education of the prisoners, for religious exercises--independent of -the circumstance that it alone prevents prisoners from associating -with each other, and from corrupting each other--_that it causes -infinitely fewer cases of death and insanity than any other system -of imprisonment_. The actual condition of our cellular houses, their -history, which covers already a period of three, four, and five years, -the testimony of their directors, of their physicians, of their -visitors, do no leave any doubt upon this important point.” - -The Prefect of the Department, in enclosing to the Government the -Reports of the Chaplain, Physician and Directors of the Prison of -Tours in France, writes thus: “These Reports establish in the most -complete manner, that in regard to the sanitary condition, and the -moral education of the prisoners, the system of total separation, -so violently and so unjustly attacked, produces the most remarkable -results. Of a total number of 1,626 persons who have entered the prison -since its inauguration, 16 only have been transferred to the hospital, -and one only has died,--and this single case of death was an old man of -seventy, who was laboring under a chronic affection of the lungs. If we -seek for the influence which it exercises on the intellectual faculties -of the prisoners, we must recognize, that far from disturbing their -reason, it produces on their minds the most salutary results. In proof -of this, I may mention, that not a single case of insanity has occurred -in the prison, and that many who have been condemned for a term which -require their removal to the _Maisons Centrales_, solicit as a real -favor, the permission to complete their imprisonment in their cell.” - -_M. Moreau Christophe_, Inspector of French Prisons, _Dr. Julius_, -who visited the Penitentiaries of the United States as a Commissioner -from the Prussian Government, and _M. Ducpetiaux_, Inspector General -of the Prisons of Belgium, with many other eminent foreigners, -who had facilities for closely observing the working and results -of the Separate System, and of comparing it with the “Silent” and -other Systems of imprisonment existing in different places, have in -their various Reports given very interesting and instructive views, -confirmatory of the superior value of the system adopted by us, but we -must pass them by, and proceed with our Report. - -_Tobacco._--The subject of the use of Tobacco in the Penitentiary has -again claimed our attention and care during the year now coming to a -close, as it did during the one which immediately preceded it. It will -no doubt be acknowledged by most, that the practice of using it is of -no real value to those who indulge in it, unless it be in the character -of medicine, in a very few cases, and consequently, if there was no -moral or physical evil resulting from it, its use should be discouraged -on the score of economy, and with a view to lessening the number of the -wants of individuals, and therefore, making it more easy to satisfy -them. But when, in addition to this, its use is very often attended -by serious physical and moral evils, such as impairing the bodily -health, and exciting a craving for the use of intoxicating drink, it -seems especially desirable that those who are clear on entering the -Penitentiary, shall not there be permitted to contract the habit, and -that an effort should be used to break the habit with those who have -brought it with them, and in fact, that it should be made a part of the -Prison Discipline, in teaching them habits of economy for their own -future good, during the period in which the law makes them subject to -the control of the prison authorities. Our care of the subject, which -has heretofore been in the way of moral suasion, with the prisoners, -and those who had the control of them, and which has been exercised -verbally, as suitable opportunities offered, has finally resulted -in the adoption of a Resolution, respectfully asking the Inspectors -wholly to prohibit its use in the Penitentiary, (as the Inspectors of -our County Prison have done there, with highly satisfactory results,) -unless it be in cases strictly medicinal. The quantity at present -used in the Penitentiary is much reduced, but this is done, as we -understand, as a matter of economy in conducting the Institution, as -the cost of the article has latterly been much enhanced. - -_Pardons._--The very important subject of Pardons, and the manner in -which the power is exercised, (not only in our own Commonwealth, but -in most places where it exists,) has at different times occupied our -attention, though not specially within the past year, with desires -that some result might be reached by which the acknowledged evils of -the pardoning system might be at least in part remedied. It is a power -which should exist somewhere, and be exercised sometimes; but the good -of society, and even of the parties on whom it is to operate, requires -that it should only be applied to exceptional and rare cases, and with -great caution. We have not yet succeeded in maturing any plan which -it is believed would be likely to remedy, or materially lessen, the -existing difficulties. - -_Abuses by Committing Magistrates._--We have again had under the care -of a Committee, the abuse of power by the Aldermen or Committing -Magistrates. This is an evil of great magnitude, and has claimed the -attention of the Society almost from its origin, but without yet making -much advance towards its suppression; nor do we hope to effect it, till -their mode of compensation is changed from fees to a stated salary from -the Public Treasury. As we shall have occasion to refer to this matter -again as we advance in our Report, this short notice may suffice here. - -_Better Accommodations needed by the Society._--The books and papers -of our Prison Society are accumulating to such an extent, as to make -it difficult, with the accommodations we possess, to take proper care -of them. Many of them are so valuable as to make their preservation -almost an object of public interest. An ample and secure fireproof -would be very desirable, and also much more extensive book cases than -we now have. Our funds, however, are so limited at present, as to -be barely sufficient to meet our current annual outlay, such as the -appropriation towards the support of the “Prison Agency,” that to the -Prison “Association of Women Friends,” and for the aid of discharged -prisoners, and the amount required to meet our Room Rent, the -publication of our Journal, and various necessary incidental expenses. -We therefore have nothing to spare towards procuring a suitable -building or room of our own, which we think would be very desirable. -We would therefore commend the Society and its various interests to -the kindly notice of our many benevolent citizens who are blessed with -ample means, as being deserving of their consideration and attention, -both when making their current distribution from time to time of -surplus income, and when through the medium of a will, they are making -a final appropriation of their estates. - -_The Prison Agent._--William J. Mullen, the Prison Agent, acting -under appointment and authority of the Inspectors of the County -Prison, and also on behalf of our Prison Society, has continued his -services in investigating cases of alleged oppressive and illegal -commitments to the County Prison, with unabated zeal and singleness -of purpose. He has, with the co-operation of the proper authorities, -succeeded in liberating during the year 1,223 of these from prison. -Amongst them were many very interesting cases, where the common -rights of individuals would have been successfully outraged, if they -had not been inquired into and relieved by the action of the agent. -And it should be remembered that the wrong and suffering in these -cases is by no means limited to the individuals who are incarcerated, -but that it often extends most cruelly to others connected with the -prisoners. What must be the situation of the poor wife and helpless -children, when the husband, the father, and provider for their urgent -necessities, is thus wrongfully torn from them? Some are arrested and -committed under mistake, but much of the wrong-doing in relation to -such commitments, arises from the cupidity of the Police-aldermen, -or committing magistrates, who many times, on the most frivolous -charges, and sometimes without sufficient evidence against them, commit -individuals to the prison from motives of gain. In some instances they -are content with the fees established by law, but there is ground to -believe that extortion is not unfrequently attempted to be practised, -and sometimes with success. The mode of compensating the aldermen, by -fees to be derived from the individual cases in which they act, gives -them an interest in thus oppressing the helpless, and has long been -a crying evil. Under this system, and in actual practice, there is -good reason to fear, that much of the income of many of them is not -merely “the gain of oppression,” but that of extortion also. There are -no doubt upright and honorable men among them, but until all fees for -such cases are taken away, and a fixed salary substituted, we need not -expect to find them as a class to be governed, in their official acts, -by high-minded and disinterested motives. - -We propose here giving a synopsis of a few of the cases contained -in the monthly reports received from the agent during the year, of -individuals liberated through his investigations and attentions. - -One was that of a venerable old gentleman, for many years President of -the Board of Commissioners of the Northern Liberties of Philadelphia, -who had retired from business, being worth a handsome independence. -He was in the habit of spending much of his time at the office of a -relative of his, a merchant on the wharf. The clerk of the merchant on -returning from bank, where he had been to make a deposit, found three -five dollar United States notes, which he handed to the merchant, who -advertised for the owner to come forward and identify the money, and it -would be given up. The merchant authorized his relative, the prisoner, -to act for him during his absence, and if anybody properly identified -the money, to take it from his desk and return it. Among the claimants -was an ignorant woman, who said that she and her husband had lost -$50 between Frankford and South Street, and they did not come up any -further in the city than Second Street; that the money they lost was -in one, two, and three dollar notes. The prisoner informed her that -neither the money she had lost, nor the place where she had lost it, -agreed with that which had been found, and therefore she could not have -it. She immediately went to an alderman and swore that the prisoner -said he had her lost money, but would not give it to her. Upon this -statement, accompanied by an affidavit from her husband (who had not -heard the prisoner say anything on the subject), a warrant was issued, -and he was arrested. On the hearing, the prisoner denied ever having -said what had been testified against him, and informed the alderman -that he had never seen the lost money, nor even either of the five -dollar notes which had been found. Upon a commitment being made out, he -asked the constable to go with him to get bail, which he refused to do. -He also informed the alderman that he was abundantly able to go his own -bail, which, however, he refused to take. The agent, seeing him in the -prison, procured bail to be entered, and soon had him released. - -A second was that of a woman who was committed for larceny, being -charged with having stolen a box of jewelry of but little value. Upon -investigation of her case, the agent ascertained that her prosecutor -had previously robbed her of some bed ticking, and had brought this -charge against her to defeat the ends of justice. She was arrested -and imprisoned at the very time when she was required to be at Court -to testify in reference to her stolen property. Careful examination -enabled the agent to prove in Court that instead of the prisoner having -committed a larceny, the prosecutor had entered her house during her -absence, ripped open a pillow, and after placing the jewelry in it, -sewed it up with a peculiar kind of thread, such as the agent found in -the prosecutor’s house. In confirmation of this, when the officer, in -company with the prosecutor, was searching the prisoner’s house for the -jewelry, and could not find it, the prosecutor pointed out the very -pillow which contained it, and asked to have that searched. - -A third case was that of an innocent woman who had been convicted -and sentenced to three months on a charge of “false pretence.” The -charge consisted in her having applied to a member of the St. Andrew’s -Society, of which her husband had been a contributing member, for -money to pay the funeral expenses of her deceased child, which had -been buried the day before. A police officer, who was near at the -time, arrested, and caused her to be committed, saying that she was an -impostor, and he did not believe her story about the child. When her -case came up for trial, the agent supplied her with competent counsel -who explained the case and defended her. She was, however, convicted -on the testimony of this officer, although she herself addressed the -Court, and protested against the testimony, explaining her case in a -simple, earnest, and truthful manner. Judge Ludlow, seeing her great -distress, humanely sympathized with her, and directed an officer of -the Court to accompany her to her home to ascertain the facts, see -the sexton of the ground where she said the child was buried, &c., -promising to release her yet, although convicted, if her story proved -true, but if false, to increase her sentence. The officer, after going -a short distance with her, took her back to the Court, and reported -that she was unable to direct him to a single person who had known her -to have buried a child. - -The judge then sentenced her for three months to the County Prison. - -After this, the agent investigated the case, and found that every word -she had said to the Court was literally true, as to the death, and the -time and place of burial, &c. The physician was seen, who at the time -of its death had given the certificate; the sexton who had buried it -was also seen, and the clergyman who had authorized the burial, and -paid the charges of the undertaker, with the understanding that she -was to pay him again, he having perfect confidence in her promise to -do so. When the agent had given to the Court satisfactory proof of -these facts, Judge Ludlow reconsidered her sentence and discharged her -from prison. Thus, through the services of the agent, this poor but -respectable woman was saved not only from the pains and privations -of a three months’ imprisonment, but also from the odium of being an -impostor and a convict, which would probably have been attached to her -character during the remainder of her life. - -We shall introduce one other case, for the purpose of illustrating -the value of this agency, beyond the mere liberating of persons from -prison, which is that of a “peacemaker” between the prosecutor and the -person whom he had procured to be committed, which is a frequent result -of the settlement of cases. - -This was that of a German soldier who borrowed money from two different -persons for the purpose of getting a commission as captain in the army, -and promised to pay them as soon as his commission was obtained. He -failed, however, to procure one, and having expended the money, he was -unable to repay them. They therefore had him committed to prison on -the charge of “false pretence.” The man had a wife and seven children -in New York depending upon him for support. He had an abundance of -recommendations of good character. The agent saw his prosecutors, and -succeeded in getting them to go to the prison and talk with him. They -soon became very much interested in him, gave him some money, went to -the District Attorney and asked for his discharge, and paid all the -Court charges and expenses, becoming satisfied, upon reflection, that -nothing wrong was intended by the prisoner. They invited him to their -houses, and proffered him their friendship for the future. - -Many other cases are almost equally entitled to a place in this Report, -as strikingly illustrating the value of the agency to the cause of -humanity, and also to the community, in the large annual saving of -expense to the County, resulting from the discharges effected by -it, before the cases reach the Court. The cost of maintenance and -of prosecution, thus saved in the year 1861, amounted to upwards of -$11,000. Its value is fully appreciated by the public authorities, as -the following paragraph from the Presentment of the Grand Jury for the -June Term, 1862, will testify. In speaking of their visit to the County -Prison, they say: “During a part of their visit through the prison they -had the company of the prison agent, William J. Mullen, and were glad -to find that he still continues in the discharge of his arduous duties, -thereby saving great expense to the County, as well as affording -protection to the rights of the poorer classes of society.” - -_Lunatics._--We last year referred to the practice which prevailed of -committing lunatics to the County Prison, to the great disadvantage -of that institution, and stated that this Society was co-operating -in an application then about being made to the Legislature, which, -it was hoped, would result in relieving the prison of this class of -its inmates. The contemplated application was made, and a Committee -attended at Harrisburg to make such explanations as might secure the -favorable notice and action of the Legislature, but without success. -Subsequently, however, the prison agent, after considerable effort, -succeeded in inducing the Board of Guardians of the Poor to rescind -instructions which had been issued to the officers of the almshouse, -prohibiting the admission of persons sent from the County Prison, -so far as to give their President power to admit (under certain -restrictions) such persons as he might deem proper, on application of -the Inspectors of the County Prison, to that effect. - -Under this arrangement, thirty-one insane persons, some of whom had -been imprisoned for years, have been sent from the prison to the Insane -Department of the Almshouse within the past year. - -_House of Correction._--The establishment of a House of Correction, (an -institution intermediate to the almshouse, and prison,) was referred to -last year, as an object of much interest to the community, and a hope -was expressed that this highly important advance in the reformatory -movements of our Commonwealth, might, under the Act of March, 1860, -be soon carried into effect. It is cause for regret, however, that no -substantial advance has yet been made. The delay in purchasing the -ground, and erecting the necessary buildings, is understood to be -occasioned by the City Councils having failed to make an appropriation -of the requisite funds. The measure is so important, that we earnestly -hope that the different parties having the control of it, may, by -hearty and united action, be enabled to bring this long desired -establishment into early and successful operation. - -_Prison Society’s Visitors and Visiting._--We propose now to refer -to the subject of visiting the prisons and the prisoners, the duties -of which we feel to be of constant obligation, and if faithfully -discharged, under right qualification, we believe to be of importance, -second to nothing else, which devolves upon the Society. As heretofore, -the Acting Committee, (consisting of the officers of the Society, -_ex officio_, and forty-four other members), has been divided into -two sub-committees: one of them being allotted as visitors to the -Eastern Penitentiary, and the other to the County Prison. These -Committees have been regularly organized, and each of them has held -Stated Monthly Meetings, at which Reports have been received from the -individual members, as to the character of their services during the -month, and these Reports, or a summary of them, have been transmitted -to the Monthly Meetings of the Acting Committee. From the accounts -thus received, there is reason to believe that the interest in this -service has in no degree abated, and that the duties of the visitors -are discharged with increased efficiency. Owing to the long continued -indisposition of one or two of the members of the Penitentiary -Committee, and the protracted absence from the city of others, the -aggregate number of visits paid there is not quite equal to that -reported last year. There have been, however, 175 written Reports -received from members of this Committee, by which we are informed that -656 visits were paid by them to that institution during the course of -the year, in which 7,031 interviews were had with the prisoners, 4,728 -of which took place within the cells, and 2,303 at the cell doors. We -have no doubt but that many other visits were paid, but omitted to be -reported. - -The manner of meeting the prisoners is in a kindly spirit, approaching -them not as convicts, but as men, the consequence of which is, that the -entrance of a member of the Committee into a cell proves, with rare -exceptions, a source of real satisfaction to the inmates; confidence -being by this means established, an avenue is opened to their better -feelings, and on being inquired of, they freely give a history of their -past lives, and state what were the immediate influences under which -the crime was committed, which resulted in their being confined in a -felon’s cell. The information thus obtained, has fully convinced us, -that a very large proportion of the vice existing, and of the crimes -committed, if traced to their root, will be found to spring from -Intemperance. - -It must be remembered that this baneful influence is not limited to -those individuals who commit crimes while under the immediate effect -of the intoxicating draught, nor even to such, and those who by -their ruinous habits, have brought themselves into such a state of -destitution and degradation, that their necessities present strong -temptations, and at the same time their sense of the obligations of -integrity and the rights of their fellowmen, is so weakened, that the -fatal step is easily taken. But to these two classes must be added -the children of such, who, growing up under the influence of the evil -example of the parent, feeling the degradation which he has brought -upon his family, and suffering from the destitution which he has -entailed upon them, and at the same time, being without the benefit of -any sound moral and religious instruction, and permitted to roam the -streets in idleness, without the knowledge of any business, are easy -victims to the attacks of the tempter. When will the proper authorities -of the land, by the enactment of suitable and effective laws, lay the -axe to the root of this giant evil? - -In these interviews with the prisoners, such counsel is given, as seems -suited to their condition, so far as the visitors feel themselves -qualified, not unfrequently, as we trust, seeking for Divine aid in -the performance of the service. We believe that _many_, during their -confinement, are improved in their _moral_ perceptions, and reach the -conviction that “honesty is the best policy,” and are thus brought to -resolve to endeavor to lead a correct life from the time of their -discharge, and we hope that not a few of these, with the Divine -blessing on their efforts, have not again relapsed into their former -course of vice and crime, and that some, even amongst those who may not -have yet attained to the true ground of reformation, an abhorrence of -themselves in the sight of God, may, through Divine mercy, before the -close of life, experience that change of heart which will render them -acceptable in His sight. And we feel assured, that we have witnessed -some instances of _true conversion_, which have resulted through the -co-operation of Divine grace, with the instrumentalities connected -with our prison system, and we cannot doubt but that the labors of our -Prison Society have had some agency in effecting this happy change. - -One peculiarly interesting case of this kind has recently occurred, -which is thought to be of sufficient value to justify special reference -to it. This was a young man, No. 4,160, aged 17, sentenced January -6, 1860, for two years and six months. He had been a very bad boy, -and had been imprisoned before, (but not under our System,) without -being benefited. After being in the Penitentiary several months, he -was favored with a sense of the “exceeding sinfulness of sin,” and -of his need of a Saviour, and by yielding to the monitions of Divine -grace, he in due time, as we trust, experienced an entire change of -heart, and attained to a state of acceptance in the Divine sight. -Several months before the termination of his sentence, he was attacked -with consumption, which soon gave evidence that he was not long for -this world. During the remainder of his term, his disease steadily -progressed and he often suffered much, but he was entirely reconciled -to his condition, and felt comparatively happy, esteeming it as a -great mercy that he had been placed there, where as he said he had -found his Saviour. He only hoped that he might not die till he was -discharged, and reached the arms of his pious mother at a distance -from this city, for her comfort and his own. On the 6th of July last, -at the termination of his sentence, he was discharged. This occurred -on the first day of the week. A member of our Committee took him from -the Penitentiary to his own house, and kept him there until he could -be suitably forwarded to his mother. This member in referring to him -remarks, “One evening, after our family reading [of the Scriptures], I -went up with him to his chamber and knelt with him at his bedside in -prayer, when we each offered up a petition to the Throne of Grace. I -was about leaving the room when he said, ‘Don’t go yet, stay and have -a good talk.’ I did so, when we had a full and free interchange of -thought. I questioned him as to what he was resting his hopes of pardon -on, and found that it was on the only sure foundation,--Christ Jesus -and his atoning sacrifice.” He reached his mother, and was with her -nearly a month when he died on the 8th of August last. The following -is an extract from a letter written by her to the member referred to, -a few days after his decease: “I know you and Mrs. ---- will sympathize -with a sorrow-stricken mother. My darling child is no more. He sweetly -fell asleep in Jesus, at 4 o’clock on Friday, August 8th, after three -days’ great suffering, which he bore without one murmur. His answers -to all were surprising, his conversation humble and childlike. His -confidence in his Saviour never wavered; patient, gentle, and loving -to all, but to his poor mother he was all love. How hard I feel it -to say, Thy will be done! His consoling words to me were, ‘My dear -mother, don’t weep but look up.’ In the valley he felt his Saviour’s -presence.” Soon after, she addressed to the same another letter, from -which the following is an extract: “I did not know how dear I loved -him until we were called on to part. His patience under such suffering -was surely the work of grace, so gentle, so meek. For a week he seemed -to be getting somewhat better, and a ray of hope shot up, he would -be spared for some time at least. But four days before his death, ... -his agony was great, but not one word of complaint escaped his -lips. His whole conversation was his Saviour’s wonderful love. His -anxiety for the children’s conversion, especially his brother Thomas, -was great, and his prayer that God would make him the instrument in -converting one soul was lovely to me, nor have I one doubt but that -[his] prayers will be answered.... For the whole day before he -died, he kept on saying, ‘Dearest mother, look up but don’t weep.’ At -4 o’clock he called for his brothers and sisters to bid them farewell, -which he did, shook hands and kissed each one with a prayer, that his -Saviour would grant them grace so to live, as they would meet him in -heaven,--but to Thomas he said, ‘Kneel beside me, dear brother.’ Thomas -did so, and then James said, ‘Dearest Thomas, will you promise your -dying brother to seek the Lord, to give him your whole heart?’ Thomas -said he would try; then he lifted his dying eyes to heaven and said -distinctly, ‘O Saviour, grant him grace to keep this solemn promise.’ -He seemed in great pain. I asked him how the Saviour appeared to him -in the dark valley. Aloud and clear he said, ‘Dearest mother, Jesus -is precious.’ These were his last words. He became insensible, and -continued in a sort of stupor until a few minutes before 4 o’clock, -when I whispered in his ear, ‘Do you know your mother, my son?’ He -turned such a lovely look of recognition, moved his lips for me to -kiss him, I did so, one gentle sigh, and all was over.” - -In the introduction to this branch of the Report, we speak of visiting -the _prisons_ and the _prisoners_. The Law incorporating our Prison -Society, and that conferring on the Acting Committee the character -of Official Visitors, contemplate that in addition to the salutary -influence we may endeavor to exert upon the prisoners, by social -intercourse with them, and impressing upon them moral and religious -instruction, we should also observe the workings of our Prison System, -bring anything which appears to be wrong to the notice of the proper -authorities, that it may be remedied, and suggest any reforms or -improvements in the System which may appear to be desirable. Under this -view of our duties and privileges, our Committee, besides observing the -general condition of the Institution, as to good order, cleanliness, -healthfulness, &c., make special inquiries as to the supply of labor -furnished the prisoners, whether the ignorant and illiterate among them -receive proper attention from the teacher, how they are progressing -in their learning, and if those who can read are freely supplied -with books from the prison library, and have copies of the Sacred -Scriptures placed in their cells. All these inquiries have resulted -satisfactorily, excepting that the teaching force is not sufficient -to give such frequent lessons to those requiring them, as would be -desirable. The progress which many of them make is very gratifying, -and indeed surprising. The instances are frequent, where prisoners -who entered wholly without school-learning, that is to say, without -any knowledge of letters or figures, in a very few months, are able -to read, write, and cipher, with considerable facility, and a very -gratifying circumstance connected with this is, that most of them -highly value the knowledge they are thus acquiring. - -The library is now in a very good condition, having been overhauled -during the year and a new catalogue prepared, after withdrawing several -hundred mutilated and imperfect volumes from the collection. It now -contains about 2,600 volumes, all complete and in a good state of -preservation, about 2,060 in the English, and 540 in the German and -French languages. While the library was regularly open, 11,526 books -were loaned, and in addition, considerable reading matter was furnished -during the several months in which they were engaged in examining and -re-arranging the books, of which no regular record was kept. - -The various officers of the Penitentiary, by their general kindness -and good temper in their care of and intercourse with the prisoners, -evidence their fitness for their position, and as “like begets like,” -similar deportment is reciprocated by the prisoners towards them. This -is one of the excellent features of our System, which rarely, if ever, -calls for the exercise of harshness by the keepers, and, consequently, -instead of vindictive or bitter feelings being excited towards them, -on the part of those under their control, a mutual feeling of sympathy -is frequently brought into action. This was recently very pleasantly -exemplified in the presence of a member of our Committee. A keeper, who -had charge of about thirty prisoners in one of the corridors, received -intelligence of the death of a son in the army, and having obtained -leave of absence for a few days that he might go to Virginia to bring -home the remains, before leaving, called at the cell of each of those -under his care and bade them farewell. Both the words and deportment -of the prisoners evidenced that they sympathized with their caretaker -in his bereavement. It is also a general practice with the keepers in -the evening, as they pass from cell to cell to hand in a light and -lock the doors, to exchange a parting salutation with the inmates. We -think it must be self-evident, that such a condition of things is much -more favorable as a school of reform than that where the harshness of -discipline prevails, which is said to be inseparable from the _Silent_ -System. The former is like the mellow soil moistened by the gentle -shower, which receiving the seed kindly, when deposited by the hand -of the husbandman, it soon germinates, and in due season brings forth -fruit, which abundantly rewards him for all his toil. Whilst the latter -is like the arid, indurated clay, upon which equally good seed may have -been scattered, but being dry and impenetrable, it either never springs -up, or at best it has a stunted growth, and its yield never compensates -for the labor bestowed upon it. The entire number of prisoners in the -Penitentiary during the year 1862 was 586. The largest number at any -one time was 451, on the first day of the year, and the smallest 353. -The number in confinement there on the first day of this year (1863) -was 369, to wit: white males 297, white females 18, black or colored -males 51, and black females 3. There were 6 deaths and 18 pardons in -the course of the year. - -The Committee on the County Prison have attended faithfully to their -duty as visitors during the year, but the reports from them are not -so minute as those from the Committee on the Penitentiary, and, -consequently, we are unable to analyze them so as to set forth the -particulars of their services. One of the members so thoroughly devotes -his time to the duty, as to visit the prison more than 500 times during -the year, generally twice a day for more than 250 days. The other -members report having among them paid 419 visits in the course of the -year. - -Under the care of the present judicious and efficient Board of -Inspectors, the prison has been satisfactorily conducted; but the -population is so unsettled (being largely composed of vagrants, the -untried, and those committed for petty offences), that it cannot be -considered to fairly illustrate the “Separate System,” and therefore -we think it proper to make more especial and extended reference to the -Penitentiary than to it. - -The Prison “Association of Women Friends” (which is recognized by us as -an auxiliary in the good work), have continued to be diligent visitors -to the females confined in both prisons, and have entered on the -service under a full sense of its serious importance, and with desires -that their labors might be promotive of the temporal and eternal good -of the visited. In the course of the year they paid 987 visits to the -prisoners in the two institutions. - -In addition to the moral and religious instruction communicated to -those confined in each of the institutions, through the medium of our -visitors and those of the association just referred to, the Eastern -Penitentiary has, as one of its regular officers, a “Moral Instructor,” -whose time is devoted to visiting the prisoners individually in their -cells, and there instructing them in those things which most nearly -concern their temporal and eternal interests. The present incumbent of -the office is John Ruth, a worthy minister of the Methodist persuasion, -who appears to be well fitted for the discharge of the duties of -his station. Ministers of different denominations also frequently -visit the Penitentiary, both for the purpose of having religious -opportunities with individual prisoners, and for the more general -and public discharge of the duties of their calling. In the County -Prison, although there is no regular officer employed for the purpose -as in the Penitentiary, yet the institution is pretty well supplied -with volunteer religious instructors from different sources, and, on -the first day of the week, the prison agent generally procures the -attendance there of one or more ministers. - -In our Report last year, we informed that the Quarterly Journal, -which had been published by the Society for a number of years, was -discontinued, and an Annual Report and Journal substituted for it. The -principal reason then assigned for the change was, the large absorption -of our funds which its publication occasioned, while our means for -aiding discharged prisoners and sustaining other objects of practical -benevolence in carrying out the original object of our organization, -that of “Alleviating the Miseries of Public Prisons,” were entirely -too limited. The result, we think, has already confirmed the propriety -of the course then adopted. Our financial condition has considerably -improved, and our appropriations in 1862, in aid of discharged -prisoners, were upwards of fifty per cent. greater than in 1861. - - EDWARD H. BONSALL, } - JOSEPH R. CHANDLER, } Committee on - TOWNSEND SHARPLESS, } Annual Report, &c. - CHARLES C. LATHROP, } - ALFRED H. LOVE. } - -PHILADELPHIA, _1st Mo. (Jan.) 15, 1863_. - - - - - For the Prison Journal. - -MAGISTRACY. - -The Magistrate must have his reverence, the laws their -authority.--BURKE. - - -Moses, in reply to the question of his father-in-law, “Why sittest thou -thyself alone and all the people stand by thee from morning unto even?” -said, “Because the people, when they have a matter, come unto me; and -I judge between one and another, and I do make them know the statutes -of God and his laws.” In him we have a model magistrate. But finding -the labor “too heavy” for him, by the advice of Jethro, he confined his -duties in this respect to those of an appellant judge, to be for the -people “Godward,” to “bring the causes unto God,” and to hear “every -great matter,” and he did “provide out of all the people, _able men, -such as fear God, men of truth, hating covetousness_, and placed such -over them to be rulers,” or minor magistrates, “and made them heads -over the people,” “and they judged the people at all seasons; the hard -cases they brought unto Moses, but every small matter they judged -themselves.” In this record of the first institution of the office -of the magistrate, and the qualifications considered as requisite in -the man to fill the position, we have a lesson that it becomes us -diligently to consider at the present day. If there has been degeneracy -of the world since the days of Moses, in no respect perhaps has it -been more forcibly felt, than in the mode of administering justice, -(or as it would be more properly termed _in_justice,) at the present -day, by the police or committing magistrates. The evils resulting to -the community, the cruelty done to the unfortunate being who falls -into their hands, by the system prevailing and carried out by many of -the magistrates, especially of this city, have become so aggravated -as to demand a thorough reformation. “Moses chose _able_ men,” whose -qualifications were known “out of all Israel.” Men who acted in the -“fear of God,” and “who hated covetousness;” or would not take “_fees_” -or levy severe contributions on their victims, or the victims of -others’ wrongs, or commit them to prison on false or trivial charges, -to exact the payment of “charges and costs.” He did not leave the -_election_ of the magistrate to any body of the people whom they were -to judge, much less to the worst or dissolute portion of them. - -The very word “magistrate,” (from _magister_, master,) implying -control, direction, suggests to the mind the idea of equity, safety, -and purity. It excites reverence and a sense of exalted dignity, and -imposes such a power and responsibility as never should be exercised by -a bad or incompetent man. - -In countries where the magistrate is _appointed_ by the head or ruling -power for his qualifications, and is _independent_ of the people over -whom he presides, this feeling or sentiment, as a general thing, has -been justified. The people living under the administration of such, -lay themselves down and sleep in peace, and arise and go to their -avocations, feeling that their rights, their property, and their lives -are secure, because the righteous magistrate dwells in the land! - -Under our democratic ideas, that because “the people are sovereign,” we -must therefore permit them, in carrying out these ideas, to exercise -the power of electing all of our officials from the highest to the -lowest, we run a great risk of placing the liberty and the welfare -of the citizen, in the hands of bad and immoral men. However capable -the people may be _as a whole_ to judge of the qualifications and -fitness of any certain person for a magistrate, _if they would as a -whole exercise their sovereignty_, no one, we presume, will claim -that the portion of the “sovereigns” who congregate in “grog-shops,” -and act under the inspiration of intoxicating beverages, in procuring -nominations, are properly exercising the sovereign power, or that -“the voice of _the people_,” thus expressed, is “the voice of God.” -That _some_ good magistrates, as we truly have, are elected under the -present system, but illustrates the truth _that it is possible_ to -elect the right kind of men to office, if the better class of citizens -will but exercise the privilege of the franchise, which under our -theory of government it is the _bounden duty_ of every good man to do. - -The evils arising from the magistracy, as at present administered, are -the results of two causes, which ought to be removed: - -1st. The mode of selecting or making magistrates. - -2d. The mode of compensating them. - -From the nature and duties of their office, they should be removed as -far as possible from any dependence upon the favour, the votes, or the -fees of the people over whom they judge or rule. - -Being a part of the ruling power, having delegated to them the -“mastery” over the people, they should receive their authority or -appointment from, and be dependent upon, the supreme authority or head -magistrate, or “Master” of the City or State, and his constituted -advisers, the council or senate, and removable only for cause. Being -thus appointed by him who represents the sovereignty of the people, -and by his position and responsibility to the people for his acts, we -might reasonably expect to find men appointed, capable of discharging -the duties, and worthy of the sacred trust of a magistrate. Again, as -to the second point, the magistrate should not in any way be dependent -upon, profited by, or have any portion of the “_fees_” of his office, -but should be appointed for a certain precinct, ward, or district, -and receive a certain _fixed_ compensation or salary from the public -treasury. All “fees” or charges, being the penalty for breaking or -infringing the laws, should be collected and paid over to the public -treasurer by the magistrate, leaving him free to act uninfluenced by -them, as the impartial agent of the law, as between the ruling power -or sovereignty of the people and the accused, and enable him to act -as a peacemaker, or reconciler of difficulties. Under the influence -of the “fees” to be derived from “committing” the person accused, is -there not danger that self-interest may sometimes induce the magistrate -to commit unnecessarily, or otherwise encourage bad feelings between -the accuser and the accused, when a more independent position might -lead the magistrate to secure a reconciliation and settlement of the -difficulty? - -All persons thus appointed and acting, should have power to act not -only as committing magistrates of persons after examination, to be -tried by a higher court or magistrate for heinous offences, but -they should be authorized and required to try all trivial or minor -cases, summarily, and to decide upon the same, and pronounce sentence -accordingly, without appeal except in specified cases. A system similar -to this prevails in other cities, or did at least in New Orleans -before the rebellion, where Recorders or criminal magistrates acted or -presided over certain defined districts; justices of the peace acting -in civil cases only, one being entirely separated from the other, -and the same person not allowed to act in both positions. The system -was found to work to advantage there, though the incumbents of the -position, contrary to what we deem wise, were elected by the people. -As adjuncts to such a system, a Work-house for mature offenders and -vagrants, and a House of Industry (or Refuge) for juvenile ones, to -which the magistrate could sentence them, would be needed to relieve -our County Prison of the _surfeit_ of cases now sent there, and to -relieve the public, by the fruits of their labor, from their cost of -maintenance; and so situated as to lead as far as possible to their -reformation, and to the formation of habits of industry, regularity, -and temperance. Such institutions could, as elsewhere, be made to pay -a profit to the city, instead of as now maintaining the victims of the -magistrate at heavy cost, in idleness and amidst evil associations. The -workings of the present system prevailing in our city, are forcibly -presented by the Reports of the Inspectors of the County Prison, and -those of the prison agent of the same,[2] from the latter of which we -select only the following, which are but a sample daily occurring: - -1. One of these cases is that of a young soldier committed [May 15th], -on the charge of homicide. The Agent went to Washington, visited the -camps, and saw that witnesses therefrom were brought here. These were -brought here under the charge of an officer, specially detailed by the -Court for the purpose, to prove an alibi in his behalf. It was not, -however, found necessary to present this evidence, as another witness -was found who testified to seeing the murder committed by a different -person. The prisoner, in consequence, was at once acquitted. - -2. Another case was that of a United States marine, the victim of a -conspiracy, whose object was to have him arrested and imprisoned as a -deserter, in order to recover $30, which are usually allowed in such -cases by Government. The chief actors here--as it appeared--were a -sergeant and two tavern-keepers, who sued him before two different -aldermen for an indebtedness, amounting to $17 for board and for -money obtained--as they say--under false pretence, which consisted -in his promising to pay after receiving his wages from Government. -At the settlement the sergeant claimed $135 out of $140.80; exacting -one-fourth of the sum loaned for its use, and leaving but $5.80 for the -prisoner to cancel the $17 debt. This $135 was paid to the sergeant for -the use of $101.25 advanced to the prisoner within 19 days subsequent -to his being paid--all of which he had spent. A ten days’ furlough was -granted to him, and then he was imprisoned, as above mentioned. - -In investigating the case, the Agent learned from the prosecutors, -that they intended to get paid by keeping him in prison till after -his furlough expired, and then getting the major to arrest him, as a -deserter, with a promise that he would see them paid out of money, -which the prisoner would eventually have to pay, after being put in -irons and confined, for three months, in the barracks--which is said to -be the customary punishment in such cases. - -3. Another case was that of a United States Army captain, who was -imprisoned on the charge of _enticing_ soldiers out of a regiment in -one State into a regiment of another State. It appears that, from -patriotic motives, he had resigned the command of his company in -Virginia and went to New York to raise a regiment of which he was to be -major. While he was in Philadelphia the orderly-sergeant of his former -company sent him a letter, inquiring how he progressed in forming his -new regiment, and also informing him that, after pay-day, many of his -old command would quit their company. - -This portion of the letter came to the knowledge of one of our city -aldermen, who construed it, as enticing soldiers from one company into -another, and thereupon unjustly committed the captain to prison. - -On the Agent stating the truth of the case to the alderman, and asking -the prisoner’s immediate release, as his services were needed in our -country’s defence; the magistrate refused to discharge him, unless he -or his friends would pay the costs, and thus submit to the illegal -extortion of money, as also to the imputation of having violated the -laws. Whereupon the Agent, after consulting the United States Court -officers, applied to the Court of Quarter Sessions for a writ of habeas -corpus, had the case examined, and the prisoner was discharged by the -authority of Judge Thompson. - -4. Another extraordinary case was that of a woman charged with -kidnapping and robbery. The alleged kidnapping--as was proved in -Court--consisted in her taking possession of her own son, of 16 years -old, a runaway, found by her in Schuylkill County, and the robbery -in the taking of his clothes, which she had a right to take, as was -shown by her acquittal in Court, at her hearing upon a writ of habeas -corpus, procured by the Agent; when the fact of his being her son was -established, not only by herself, his mother, but by his brother, of 19 -years old, and by a respectable citizen and others, who had known him -from infancy. - -5. Another case, presenting, perhaps, still more striking features, was -that of a woman committed, on a bail-piece issued by one of our city -aldermen, November 20th, and discharged November 21st, by bail being -entered for her appearance at Court. The original charge against her -was for assault and battery on a neighbor woman. - -According to the prisoner’s account, she got into difficulty with this -neighbor about some children belonging to another party. They struck -each other, and then the prisoner was sued by the other woman before -an alderman, who granted a warrant gratis, as at the time she had no -money. The prisoner was required to give bail, or go to prison. She -then arranged with the alderman’s constable (at his suggestion) to pay -him $2 for being her bail, on her receiving money, which she expected -daily from her husband and son, who were in the United States Army. She -also agreed to pay the alderman $1.80. On her receiving, soon after, a -remittance from her son, she promptly paid the amount agreed upon. - -She was then told, by the alderman and constable, that she must now -enter freehold bail for her appearance at Court. She replied, that she -thought that unnecessary, as she and her prosecutrix had settled their -quarrel, and were now as friendly and intimate as sisters, visiting -each other in their respective premises almost every hour in the day. -But, notwithstanding all this, and although, being a simple case of -assault and battery, it was fully within the magistrate’s power to -settle it, he would not do it, but insisted on having freehold security. - -She then consulted a distinguished lawyer on the case, who addressed a -note to the alderman, requesting him to dismiss it. He would not comply -with the request, but persisted in exacting freehold bail. - -The alderman’s constable then proposed getting his brother-in-law for -her bail, on condition that she would pay him $5 for the service. -Becoming frightened, as she had three small children, with no one but -herself to care for them, her husband and son being in the army, she -assented to his terms and paid him the money--which (be it noted) was -in addition to the $3.80 previously paid to the alderman and constable. - -She was then allowed to depart for a few days, at the end of which the -constable visited her, early one morning, and told her the bail was -about to give her up unless she would pay some more money. She gave him -all she had, a half-dollar, which she at the time actually needed to -get food for her children. He took it, but said it was not enough, and -he must, therefore, have her husband’s coat, which was hanging within -view. She gave him this, and he then further insisted on having some -breakfast, which she also gave him. - -He left, but not long after returned, and declared she must go to -prison, as her bail would incur no further risk unless he received more -money. She replied that she had no more money to give; but, instead -of this, she gave him her husband’s pantaloons and drawers, which he -took, and thereupon insisted on having her husband’s razor and shaving -apparatus, which she gave him. He concluded his call by demanding his -dinner, which she also gave him, and he went away. - -A few days subsequently, his brother-in-law (the bail) called, and told -her he was going to surrender her to be sent to prison, unless she -either gave him more money, or complied with certain infamous proposals -of his. The latter she promptly refused, with the remark that she -would not dishonor her husband and son, who were then enrolled for the -defence of their country. - -He then left, and went to the alderman and had her sent to prison, -cruelly separating her from her sucking infant, who was left at home -with her other two young children, and no one else. - -The Agent, on learning these atrocious facts, at once saw that the -prisoner was released on bail, and permitted to return home to her -family. - -6. Another case was that of a woman, the mother of a large family of -little children, who was committed by one of our aldermen on the vague -charge of misdemeanor. Her husband is a soldier in the United States -Army. It seems that her landlord wished to remove her from the house -she tenanted in a summary manner, and he appears to have formed a -conspiracy with the prosecutor for this object. She refused to leave -till she got a remittance from her husband. A quarrel ensued, and the -prosecutor struck and beat her most shamefully. A proof of this was -that her person, when she entered the prison, was black and blue with -bruises. After the prosecutor had done this, he went to the alderman -and sued her on the charge above named. This he did to secure himself -from being prosecuted by her for assault and battery. - -Let the community arise! Let our City Councils and our State -Legislature act, and perfect such legislation as will remedy this -crying evil, and rid our beautiful city, so distinguished for progress -in arts, science, and benevolent institutions, of this polluted sore. - - C. C. L. - - - - - For the Prison Journal. - -IMPRISONMENT. - - -So far as we are acquainted with the actual condition of the various -countries of the civilized world, we are compelled to the painful -and humiliating conviction, that there are individuals amongst their -inhabitants who are prone to, and actually will interfere with, and -depredate upon the rights of others, unless they are subjected to moral -or physical restraint. This fact has made it necessary that measures -should be adopted to protect the general mass of society against the -wrong-doing of these evil-disposed persons. It must be evident to all, -that in originating and maturing these measures, or in framing and -perfecting laws for this purpose, an intimate acquaintance with human -nature, and a high order of wisdom, are essential pre-requisites to -fit those upon whom the duty should devolve, to enter upon the highly -important work. The instinct of self-protection would naturally, and -even properly suggest, that the first object should be to secure the -community against a repetition of the wrong-doing, by placing the -individual who has committed a serious offence under such physical -restraint as to make it impossible for him for a time to continue his -evil course. This object may be secured by a close confinement of the -culprit in a prison or penitentiary. But if we rest satisfied with -having accomplished this, we are taking a very narrow view of a very -broad subject. This same instinct, if its promptings are intelligently -pursued, will convince us that the punitive character of this restraint -or imprisonment should be such as to operate upon the fears of the -evil-disposed who are at large, and thus deter them from yielding to -temptations which may prompt them to commit offences against society -or individuals. And, also, as this imprisonment cannot be permanent, -the individual incarcerated should, through this source, as well as -others, be made to feel that “the way of the transgressor is hard;” -and from this experience (in the absence of any higher motive) be -induced to so conduct himself, after his liberation, as not to render -himself liable to be subjected to a repetition of these “pains and -penalties.” At the same time, however, that the imprisonment and -discipline provided, should embrace such elements as would subject the -convict to a full sense of punishment, they should be carefully guarded -from partaking of the character of vindictiveness or revenge. If this -care is not exercised, the higher and more enlarged action of Christian -philanthropy and duty, which should immediately follow that referred -to as being prompted by the instinct of self-protection, which is, the -temporal and eternal good of the offender, by his reformation, will be -entirely defeated. - -We are aware that in some countries, in framing their penal laws and -discipline, the only object appears to be to prevent the continued -perpetration of offences by the imprisonment of those convicted as -offenders, and by the severity of their punishment to deter them from -a repetition of their crimes after their discharge; the example of -which punishment, it is desired, shall also operate to restrain others -from entering upon and pursuing an equally criminal course. This -object is effected, at the smallest possible cost to the community, by -constructing their prison buildings, almost exclusively, with reference -to the safe-keeping of the prisoners, making no arrangements for their -separation, but congregating them together in large masses, with very -little, if any, regard to difference in age or degrees of criminality. -The consequence is, that instead of the prisoners being reformed or -made better, by the discipline to which they are subjected, they are -almost inevitably made worse; and many times, those who were committed -on a charge of pocket-picking or some other minor offence, are fitted -for burglars or the commission of the highest class of crimes on their -discharge. - -A valuable member of our Prison Society who has recently spent several -years abroad, during which time he became very familiar with the penal -system and the arrangement and manner of conducting the prisons of -one of the countries of Continental Europe, having frequently visited -and personally inspected the prisons, speaks of it as being generally -admitted amongst the people there, that reformation was no part of -their plan, and was never expected to result from the imprisonment of -criminals. We are happy, however, in the belief, that this system is -now viewed by nearly all countries as being a relic of the barbarism of -the dark ages, which, besides partaking of the character of cruelty, -evidences great short-sightedness and want of wisdom, if we consider -how its results affect the best interests of the community. Instead of -being a school of reform, through whose influence the number of those -from whom outrages might be apprehended would be lessened, if it does -not actually increase them, it at least makes life-long criminals of -the most hardened character, of a large proportion of those subjected -to its discipline, who, at the time of their first commitment, were by -no means steeped in wickedness; many of them when quite young, having, -in an unguarded moment, yielded to strong temptation to commit some -minor offence, of which having been convicted, they have been thrust -amongst the most abandoned outcasts of society, and soon lost to all -hope of restoration, when by a really humane and Christian course of -treatment they might have been led back from the by-paths into which -they had, without due consideration, stepped, and have been brought -to experience the happiness of a virtuous life, and to be a blessing -instead of a curse to society. - -We believe that all reflecting men must be convinced that -the _reformation_ of criminals, besides being a question of -_expediency_, in which the community has a deep stake on the score of -self-protection, is one, the promotion of which, so far as is in our -power, is of the highest Christian obligation, in reference to both -the temporal and eternal good of those who, having by their criminal -conduct, forfeited the liberty enjoyed by the common mass of their -fellow men, have, for the security of society, been committed to -prison. In most Christian countries _reformation_, on the ground of -_expediency_ at least, and we trust, under some sense of Christian -duty, is now acknowledged to be properly _one_ of the elements of their -penal systems; and, consequently, some provisions, either theoretical -or practical, are adopted for the promotion of this object. It is much -to be regretted, however, that most of the existing prison systems are -such as greatly to interfere with, and many of them almost wholly to -defeat the accomplishment of this vitally important purpose. This state -of things exists to a great extent, not only in Europe, but throughout -most of the Commonwealths of the United States. - -The systems are generally “_congregate_,” either with little, if any, -restraint from free social intercourse between the inmates, whatever -may be their different degrees of depravity, or with the imposition -of silence while together, and separation at night and at their -meals only. The former of these, in our judgment, wholly excludes -reformatory influences, unless it be through the immediate operation -of Divine grace and mercy, which, we freely admit, can overrule -obstacles however great; but this fact will not excuse us from doing -our best to facilitate this operation. At the same time, also, that -it excludes reformation, its attendant circumstances rapidly school -the young offender in the ways of depravity and crime, and harden the -more practiced in wickedness, and prepare them for the commission of -still darker deeds than any they had previously been guilty of. Whilst -the latter system, where _silence_ is imposed, though certainly a step -in advance of the former, as it cannot so extensively _propagate_ -criminality, yet from the fact that the prisoners cannot be approached -separately, and that this system of silence and non-intercourse -amongst them, under the strong temptation to the indulgence of their -social propensities when placed in the presence of each other, is only -maintained by harsh and severe discipline; reformatory agencies can -hardly be brought to bear upon them, and efforts in this direction, -very rarely, indeed, produce the desired effect. - -It seems to us that what is generally known as the “Pennsylvania -System,” which is that of entire cellular separation of the prisoners, -by which they are precluded from either seeing each other, or holding -any kind of intercourse by word or sign, is far in advance of any other -system of imprisonment yet introduced. We do not propose at this time -to go into a general explanation of its peculiar features, but may -merely advert to a few prominent points in support of this position. - -First, as regards the effectual restraint of those found guilty of -crime from continuing their outrages upon the community; its security -against escape, is fully equal to, if not greater, than that under any -other existing prison system, and its punitive character, though really -humane and mild, is looked upon with much dread by the evil-disposed, -on account of their being subjected to separation from their fellow -convicts, and therefore it is potent in deterring from a criminal -course. - -These primary objects of imprisonment being thus effectually secured, -we are next to consider what are its effects, evil or good, upon the -moral condition of those subjected to its discipline. And here the -results of our inquiries are pre-eminently satisfactory. From the -thorough isolation maintained, we think it must be evident, that no -prison under it can ever become a moral pest-house, where the depravity -and wickedness of one prisoner may be communicated to another, or, as -it were, prove contagious, and thus spread moral corruption around him. -As neither the words, countenance, nor gestures of one can be heard or -seen by another, it is clear, that those committed are not subjected to -such influences whilst in confinement, as will make them morally worse -on leaving, than when they entered. - -Having thus demonstrated, as we trust, that our system, without doing -a moral wrong to the offender, thoroughly effects the purpose for -which society claims the _right_ to imprison--that of self-protection, -by placing him under secure restraint--we have next to consider what -is its adaptation to the higher and less selfish purpose, which -immediately follows as a Christian obligation, that of promoting -his reformation. In the first place, then, as there is nothing in -the working of the system which calls for harshness of treatment; it -is administered on principles of kindness, and consequently, instead -of the prisoners being hardened, and their vindictive and other evil -passions being called into action, they are softened, and the better -feelings of their nature (which with many had so long slept, that -the degraded beings were hardly aware that they possessed them) are -awakened. Under these favorable circumstances, those who are desirous -of communicating moral or religious instruction can visit each prisoner -in private in his separate cell, and when the service is accomplished, -leave him to his reflections, without being disturbed by the presence, -or deterred from a serious consideration of his condition by the scoffs -of depraved companions. - -The purpose of this essay has not been to suggest the details of -any particular system of imprisonment, but to call attention to the -general principles which should control the subject. And especially -have we desired to impress upon the reader the vital truth, that if we -would hope to reform the prisoner, we must treat him with comparative -kindness. We must do nothing, which either is or seems to be, by way -of revenge or retaliation. Under the present dispensation we must not -exact “an eye for an eye, and a tooth for a tooth.” If we do this, the -prisoner feels that he is persecuted, and that as society is doing its -worst by him now, he will repay it upon his discharge. In effect, that -as every man’s hand is against him, his hand shall be against every man. - - E. H. B. - - -The following are the introductory remarks of a writer in the “North -British Review” for February, 1863, to “Observations on the Treatment -of Convicts in Ireland” and the Subject of Transportation, to wit:-- - -The public mind of England awakes periodically, and with a start, to -a sense of the danger it incurs by the presence of a large criminal -population in the very heart of the community, which is dealt with on -no rational or consistent system, watched by no adequate police, and -disposed of in no conclusive manner. We rave against the evil, we abuse -our rulers, we insist upon a remedy being found, we listen eagerly to -every quack and every philosopher, we discuss the subject passionately, -illogically, and superficially; and we end by adopting some fresh -plan which touches only a small fragment of the mischief, and darns -only a small rent in the tattered garment, and which is usually some -ill-digested and unworkable compromise between old habits and new -fancies. We then grow sick of the subject, ashamed of our panic, and -stupidly satisfied with our mild aperient and our emollient plaster, -and go quietly to sleep again for another term of five or seven years. -Meanwhile, however, there are two classes of men who never sleep: the -criminals, who are always at work to invent new modes of preying on -society and new dodges for evading justice; and the officials, who are -always, after the fashion of their kind, and by a sort of ineradicable -instinct, wriggling back into the old channels, and falling away -into their normal inertness. There was such an awakening as we have -described in 1853; there was another in 1857; there is another now. Let -us see whether this last cannot be made to yield some better and more -lasting fruit than its predecessors. - -That the evil is a very great one no one can doubt. It amounts to -a positive insecurity of life and property which is disgraceful in -the richest, most civilized, most complicated society on earth. -At this moment, the number living by depredation and outrage, and -known to belong to the criminal class, is estimated to reach in -the United Kingdom to 130,000. In this year, 1863, a considerable -portion of the respectable inhabitants of London are reduced to carry -concealed weapons for their own defence; and this from no groundless -apprehensions, but because they _may_ any day be called upon to use -them, and often _are_. We annually commit to, and liberate from, our -county jails in England and Wales, at least 130,000 offenders, a very -large proportion, if not the majority, of whom are habitual pilferers, -burglars, or in other ways violators of the law, and recognized preyers -upon the industrious and peaceful part of the community. Besides these, -we turn loose every year, at the expiration of their sentence of penal -servitude, or shortly before its expiration, 3000 convicts, nearly all -of whom are professional, finished, hardened offenders, and all of -whom, with scarcely any exceptions worth naming, have been confined for -crimes in which ruffianism and dishonesty were combined. Of these 3000, -at least 2500 on an average are liberated in this country, and almost -invariably go back to their evil courses, more vicious, more skillful, -more irreclaimable than ever. Many of them have been convicted several -times, never dream of adopting an honest mode of life, and could not do -so if they wished. In a word, we have among us an army--very active, -very well trained, tolerably organized, very resolute, and in part -very desperate--of internecine enemies and spoliators, as numerous -as the troops of most European kingdoms, and more numerous than the -military and police forces in our own country combined. This is the -evil we have to deal with. It is an evil, in some degree and in some -form, incidental to every large and populous community; but the form -and degree depend entirely on our own management. We may reduce it to -the minimum which human temptation to wrong and the imperfection of -human powers of repression must always leave, a minimum which would be -seldom heard of and little felt, and which should be always tending -to decrease. Or we may suffer it, as we are in a fair way to do now, -to augment and intensify year by year till it reaches the maximum -compatible with a comfortable existence and a secure civilization. -Now what we affirm is, that, for the height to which it has reached -at the present moment, we have only ourselves to thank. For a long -time back, in spite of ceaseless warning, and ignoring all the lessons -of experience, physiology, and common sense, we have done little to -repress crime and much to encourage it. Our plans of dealing with it -have been based upon no clear understanding and no settled principle; -the changes we have introduced from time to time, have been either -inconsistent _nibblings_ or mutually destructive fluctuations; we have -neither aimed at felling the tree, nor at cutting off the nourishment -from its roots; we have simply pruned the branches, and contented -ourselves with wondering that it should flourish still. We believe that -all this is remediable still, though the mischief has assumed such vast -dimensions; but that which is imperatively needed before we can hope -to remedy it is, that we should boldly face all patent facts; that we -should courageously accept all undeniable conclusions from those facts; -that we should at once and for ever place sentiment under the control -and supremacy of sense; that no inconvenience should drive us to do -injustice to others; and that no expense should make us shrink from -doing justice to ourselves. - -Criminals, the moment we look at them closely and analytically, -divide themselves into two distinct categories--the casual and the -habitual. Many of the more trifling, and some of the most heinous -offenders, belong to the former class. Temptation there will always -be; and this will be liable to increase with the progress and -complexity of civilization, as long as some are poor and some are -rich, and as long as the appliances of wealth are spread out in the -sight of the struggling and needy. Defective moral natures there will -always be--natures weak to resist and prone to fall; but these, it -is to be hoped, will diminish as comfort and instruction penetrate -among the masses. Passions will always exist among all ranks, and -passions will occasionally burst through the restraints of morality -and law. Boys will thieve who are no worse than idle, neglected, -and ill-trained. Poor men, who are habitually respectable, will -steal under circumstances of sudden and desperate necessity. Clerks -will occasionally forge or rob to avert exposure, to meet debt, or -to purchase vicious pleasures. Any man, in any rank, of violent -or malignant temper and ill-disciplined mind, may, in a moment of -provocation or of fury, be guilty of manslaughter; or, if he be -thoroughly bad and licentious, may outrage a defenceless woman, or -murder one whom he hates, or whose possession he desires. Crimes and -criminals of this sort, however, are not those that embarrass our -police, and perplex our rulers and philosophers; they do not constitute -the social problem we have to solve. They are the casual outbreaks -of human vice and passion, incidental to all stages and forms of -civilization, and incurable by any. But besides and independent of -these cases, we have among us a large population, numbered by thousands -and tens of thousands, who _live by_ outrage and depredation; to whom -crime is an employment and _profession_; who are brought up to it; who -have no other teaching, no other vocation, no other resource; to whom -the respectable and industrious portion of society is the oyster they -have to open; who prey upon the community, and sometimes hate it also. -They are simply the enemies of society; and the protection of society -against them constitutes precisely the difficulty which at this moment -our thinkers have to master, and the duty which our rulers have to -discharge. - -Now we do not say that the obstacles and embarrassments with which -the solution of the problem is surrounded are not actually great, -because they are. But the problem itself is neither difficult nor -obscure, as soon as we take pains to place before ourselves distinctly -its precise nature and conditions. The thing to be done is simple -enough; the impediments in the way of doing it are nearly all of our -own creation, arising partly out of ignorance or thoughtlessness, and -partly out of willfulness; partly because we have not fully understood -what we had to do, and partly because we have been unwilling to -accept the consequences and incur the annoyance and expense of doing -it. Divested of all complications, our task is to _defend ourselves_ -against the criminal population,--the professional criminals; to guard -society against their outrages and depredations in the most prompt, -effectual, and enduring fashion we can devise. That is all: we have -NOT to _punish_ them; and we shall only confuse our minds and perplex -our action if we try to do so. It is the almost universal neglect of -this vital distinction, more than any other error, which has led us -into such grotesque and inconceivable blunders. _Individuals_ may -regard these offenders in any light which harmonizes with their several -idiosyncracies. Some may look at them as objects of vengeance; some -as objects of compassion; some as subjects of conversion; some as -patients to be cured; some as unfortunate lunatics to be carefully -and comfortably confined; and there may be much truth in all these -different views, and they may be allowed to influence some of the -_details_ of the practical treatment of criminals in prison and on -their discharge from prison. But _the State_, as we said, has only -got to protect the community against them--to regard them as domestic -foes, against whom self-defence is legitimate and necessary. The reason -why it should not seek to _punish_ them, in the strict and proper -meaning of that word, is, that it has not the knowledge requisite for -the just discharge of that function. It cannot possibly apportion the -penalty it inflicts to the _guilt_ of the offender, which apportionment -constitutes the very essence of _punishment_. Neither the wisest judge, -nor the most patient and enlightened jury, nor the most omniscient -police officer, can do more than form a plausible conjecture as to the -_moral criminality_ of any convict; since this, it is obvious, must -depend on the organization which he inherited, on the antecedents which -have surrounded him from the cradle, on the degree of instruction he -has received, on the special nature and _adaptation_ of the temptation, -on a multitude of circumstances which we neither can know, nor could -estimate if we did. The State, too, is just as incompetent to estimate -the severity of the infliction as the guilt of the offence. How is -the legislator who awards, or the judge who pronounces, to ascertain -the weight and bearing of any given sentence upon any individual -culprit? The same penalty which to one man would be almost too lenient -for a theft, may, to a differently organized and differently trained -offender, be too severe almost for a murder. The educated convict, -whose ungoverned passion led him to a heinous but a single crime, would -be driven mad by the association and the _entourage_ which the habitual -and hardened ruffian would find congenial and even pleasant. Punishment -which _retributes_, like vengeance which _repays_, can, by its very -term, belong only to that higher intelligence which can estimate aright -both the debt to be repaid, and the intrinsic value of the coin in -which repayment is awarded. - -The thing to be done, then, being ascertained, the next point for -consideration is how to do it. Now, society may protect itself against -habitual criminals in three ways, separately or in combination. It may -deal with him so as to _deter_ him, to _reform_ him, or to _get rid_ of -him. It may so arrange and contrive its penalties as to frighten him -from bad courses, or to incapacitate him from recurring to them, or to -persuade him to amend them. And, putting out of view the very few whom -it will or can hang, it has to effect these objects by such secondary -punishments as lie within its reach, as the public purse will pay for, -and public conscience and feeling will allow the State to inflict. - - - - -MEMBERS. - - - Ashhurst, Lewis R. Kintzing, William F. - Armstrong, William Kitchen, James, M. D. - Anderson, V. William Kneedler, J. S. - Atmore, Frederick B. Knight, Edward C. - Knorr, G. Frederick - Brown, John A. Klapp, Joseph, M. D. - Brown, Frederick - Brown, Moses Laing, Henry M. - Brown, Thomas Wistar Lambert, John - Brown, Abraham C. Landell, Washington J. - Brown, N. B. Lathrop, Charles C. - Brown, David S. Latimer, Thomas - Brown, Joseph D. Leeds, Josiah W. - Brown, Benneville D. Lewis, Henry, Jr. - Brown, Mary D. Lewis, Edward - Bell, John M. D. Lippincott, John - Biddle, William Lippincott, Joshua - Biddle, John Longstreth, J. Cooke - Barton, Isaac Lovering, Joseph S. - Burgin, George H., M. D. Lovering, Joseph S., Jr. - Bohlen, John Ludwig, William C. - Binney, Horace, Jr. Lynch, William - Bayard, James Lytle, John J. - Beesley, T. E., M. D. - Beesley, B. Wistar McCall, Peter - Bowen, William E. Meredith, William M. - Bettle, Samuel Milliken, George - Bettle, William Myers, John B. - Baldwin, Matthias W. Morris, Isaac P. - Barcroft, Stacy B. Massey, Robert V. - Bailey, Joshua L. Maris, John M. - Baily, Joel J. Morris, Charles M. - Burr, William H. Morris, Wistar - Boardman, H. A. Morris, Caspar, M. D. - Bunting, Jacob T. Morris, Anthony P. - Bacon, Richard W. Morris, Elliston P. - Bacon, Josiah Montgomery, Richard R. - Brock, Jonathan Mercer, Singleton A. - Barclay, Andrew C. Mullen, William J. - Brooke, Stephen H. Megarge, Charles - Baines, Edward Martin, William - Budd, Thomas A. Martin, Abraham - Bispham, Samuel McAllister, John, Jr. - Broadbent, S. McAllister, John A. - Brant, Josiah McAllister, William Y. - Beaux, John Adolph Macadam, William R. - McAllister, F. H. - Corse, J. M., M. D. Marsh, Benjamin V. - Cope, Alfred Morton, Samuel C. - Cope, M. C. Merrill, William O. B. - Cope, Henry Morrell, R. B. - Cope, Francis R. Mellor, Thomas - Cope, Thomas P. Mitcheson, M. J. - Colwell, Stephen - Caldwell, James E. Norris, Samuel - Caldwell, William Warner Neall, Daniel - Cresson, John C. Needles, William N. - Claghorn, John W. Nesmith, Alfred - Chandler, Joseph R. Nicholson, William - Carter, John Neuman, L. C. - Carter, John E. - Campbell, James R. Ormsby, Henry - Comegys, B. B. Orne, Benjamin - Childs, George W. - Child, H. T., M. D. Purves, William - Chance, Jeremiah C. Parrish, William D. - Coates, Benjamin Parrish, Joseph, M. D. - Chamberlain, Lloyd Poulson, Charles A. - Conrad, James M. Perot, William S. - Cooke, Jay Perot, Francis - Collier, Daniel L. Perot, Charles P. - Comly, Franklin A. Perot, T. Morris - Patterson, Joseph - Demmé, Charles R. Patterson, Morris - Ducachet, Henry W. Patterson, William C. - Dawson, Mordecai L. Potter, Alonzo, D.D. - Dorsey, William Price, Eli K. - Dutilh, E. G. Price, Richard - Ditzler, William U. Pearsall, Robert - Dreer, Ferdinand J. Pitfield, Benjamin H. - Dickinson, Mahlon H. Peters, James - Davis, R. C. Peterson, Lawrence - Derbyshire, Alexander J. Potts, Joseph - Derbyshire, John Parry, Samuel - Dennis, William H. Palmer, Charles - Duane, William Perkins, Henry - - Earp, Thomas Quinn, John A. - Evans, Charles, M. D. - Evans, William, Jr. Richardson, Richard - Evans, Robert E. Richardson, William H. - Evans, J. Wistar Robins, Thomas - Erringer, J. L. Robins, John, Jr. - Edwards, William L. Ritter, Abraham, Jr. - Elkinton, Joseph Rasin, Warner M. - Elkinton, George M. Read, W. H. J. - Ellison, John B. Robb, Charles - Emlen, Samuel Rehn, William L. - Eyre, Edward E. Rutter, Clement S. - Eyre, William Ruth, John - Erety, George Roberts, Algernon S. - Ridgway, Thomas - Farnum, John Robinson, Thomas A. - Fraley, Frederick Randolph, Philip P. - Fullerton, Alex. Rowland, A. G. - Farr, John C. Richards, George K. - Frazier, John F. - Ford, William Smedley, Nathan - Ford, John M. Shippen, William, M. D. - Furness, William H. Scull, David - Field, Charles J. Schaffer, William L. - Fox, Henry C. Scattergood, Joseph - Franciscus, Albert H. Shannon, Ellwood - Funk, Charles W. Sharpless, William P. - Simons, George W. - Garrett, Thomas C. Smith, Nathan - Griffin, E., M. D. Stokes, Shmuel E. - Greeves, James R. Shoemaker, Benjamin H. - Gilpin, John F. Speakman, Thomas H. - Grigg, John Starr, F. Ratchford - Gummere, Charles J. Saunders, McPherson - Gardiner, Richard, M. D. Stokes, Edward D. - Sloan, Samuel - Hunt, Uriah Smith, Joseph P. - Hockley, John Stone, James N. - Holloway, John S. Simes, Samuel - Husband, Thomas J. Stuart, George H. - Hughes, Joseph B. Stewart, William S. - Homer, Henry Stevens, Edwin P. - Homer, Benjamin - Hancock, Samuel P. Townsend, Edward - Hand, James C. Taylor, Franklin - Hazeltine, John Taylor, John D. - Hastings, Matthew Taylor, George W. - Huston, Samuel Trewendt, Theodore - Hacker, Morris Tredick, B. T. - Hacker, William Thomas, John - Hunt, William, M. D. Taber, George - Hurley, Aaron A. Troutman, George M. - Harbert, Charles Thornley, Joseph H. - Thissel, H. N. - Ingersoll, Joseph R. - Ingram, William Van Pelt, Peter - Iungerich, Lewis Vaux, George - - Jackson, Charles C. Wharton, Thomas F. - Janney, Benjamin S., Jr. Wood, Horatio C. - Jeanes, Joshua T. Wood, Richard, Jr. - Jenks, William P. Welsh, William - Jones, Isaac C. Welsh, Samuel - Jones, Jacob P. Welsh, John - Jones, Isaac T. Wetherill, John M. - Jones, William D. Williamson, Passmore - Jones, Justus P. White, John J. - Jones, William Pennel Wainwright, William - Johnson, Israel H. Wright, Samuel - Johnson, Ellwood Wright, Isaac - Johnston, Robert S. Willets, Jeremiah - Justice, Philip S. Wiegand, John - Wilstach, William P. - Kaighn, James E. Williamson, Peter - Kane, Thomas L. Warner, Redwood F. - Kelly, William D. Walton, Coates - Kelly, Henry H. Williams, Jacob T. - Ketcham, John Wilson, Ellwood, M. D. - Kiderlen, William L. J. Woodward, Charles W. - Kimber, Thomas Whilldin, Alexander - Kingsbury, Charles A., M. D. - Kinsey, William Zell, T. Ellwood - Kirkpatrick, James A. - - -LIFE MEMBERS. - -ON PAYMENT OF TWENTY DOLLARS AND UPWARDS. - - Barclay, James J. Ogden, John M. - Bache, Franklin, M. D. - Bonsall, Edward H. Perot, Joseph - Besson, Charles A. Perkins, Samuel H. - Parrish, Dillwyn - Cope, Caleb Powers, Thomas H. - Potter, Thomas - Ellis, Charles - Sharpless, Townsend - Fotteral, Stephen G. Sharpless, Charles L. - Foulke, William P. Sharpless, Samuel J. - Steedman, Miss Rosa - Hacker, Jeremiah - Horton, John Turnpenny, Joseph C. - Hollingsworth, Thomas G. Townsend, Samuel - - Knight, Reeve L. Whelen, E. S. - Willits, A. A. - Learning, J. Fisher Weightman, William - Love, Alfred H. Wilhams, Henry J. - Longstreth, William W. Wain, S. Morris - - Marshall, Richard M. Yarnall, Charles - Yarnall, Benjamin H. - - -ARTICLE IV. - -The Treasurer shall keep the moneys and securities, and pay all orders -of the Society or of the Acting Committee, signed by the presiding -officer and Secretary; and shall present a statement of the condition -of the finances of the Society at each stated meeting thereof. - -All bequests, donations, and life subscriptions, shall be safely -invested; only the income thereof to be applied to the current expenses -of the Society. - - -ARTICLE V. - -The Acting Committee shall consist of the officers of the Society, -ex-officio, and fifty other members. They shall visit the prison at -least twice a month, inquire into the circumstances of the prisoners, -and report such abuses as they shall discover, to the proper officers -appointed to remedy them. They shall examine the influence of -confinement on the morals of the prisoners. They shall keep regular -minutes of their proceedings, which shall be submitted at every stated -meeting of the Society; and shall be authorized to fill vacancies -occurring in their own body, whether arising from death, or removal -from the city; or from inability or neglect to visit the prisons in -accordance with their regulations. They shall also have the sole power -of electing new members. - - -ARTICLE VI. - -Candidates for membership may be proposed at any meeting of the -Society or of the Acting Committee; but no election shall take place -within ten days after such nomination. Each member shall pay an annual -contribution of two dollars; but the payment of twenty dollars at any -one time shall constitute a life membership. - - -ARTICLE VII. - -Honorary members may be elected at such times as the Society may deem -expedient. - - -ARTICLE VIII. - -The Society shall hold stated meetings on the _fourth_ fifth-day -(Thursday) in the months called January, April, July, and October, of -whom seven shall constitute a quorum. - - -ARTICLE IX. - -No alterations of the Constitution shall be made, unless the same -shall have been proposed at a stated meeting of the Society held not -less than a month previous to the adoption of such alterations. All -questions shall be decided where there is a division, by a majority of -votes; in those where the Society is equally divided, the presiding -officer shall have the casting vote. - - - - -OFFICERS OF THE SOCIETY. - - - PRESIDENT,--JAMES J. BARCLAY. - - VICE PRESIDENTS, { TOWNSEND SHARPLESS, - { WILLIAM SHIPPEN, M. D. - - TREASURER,--EDWARD H. BONSALL. - - { JOHN J. LYTLE, - SECRETARIES, { EDWARD TOWNSEND. - - { HENRY J. WILLIAMS, - COUNSELLORS, { CHARLES GIBBONS. - - -_Members of the Acting Committee._ - - Charles Ellis, Mahlon H. Dickinson, Joseph R. Chandler, - William S. Perot, William Ingram, Samuel Townsend, - Thomas Latimer, James Peters, Albert G. Roland, - John M. Wetherill, Robert E. Evans, Benj. H. Shoemaker, - Abram C. Brown, Charles Palmer, Lewis C. Neuman, - Benjamin H. Pitfield, Charles P. Perot, Wm. Warner Caldwell, - James E. Kaighn, Charles C. Lathrop, Henry Perkins, - Alfred H. Love, William Dorsey, George M. Elkinton, - Jeremiah Willits, Abram Martin, William R. MacAdam, - William H. Burr, John Adolph Beaux, J. M. Corse, M. D., - Jacob T. Bunting, Wm. Armstrong, M. D., E. Griffin, M. D., - John C. Farr, Wm. Nicholson, William Hacker, - George Taber, Charles W. Funk, John E. Carter. - William L. J. Kiderlen, Philip P. Randolph, - - -_Visiting Committee on the Eastern Penitentiary._ - - Townsend Sharpless, George Taber, William Nicholson, - Edward H. Bonsall, William L. J. Kiderlen, Charles W. Funk, - John J. Lytle, Mahlon H. Dickinson, Samuel Townsend, - Edward Townsend, James Peters, Albert G. Roland, - Abram C. Brown, Robert E. Evans, Benj. H. Shoemaker, - James E. Kaighn, William R. MacAdam, William Hacker, - Alfred H. Love, Charles Palmer, J. M. Corse, M. D., - Jeremiah Willits, William Dorsey, E. Griffin, M. D. - William H. Burr, - - -_Visiting Committee on the County Prison._ - - William Shippen, M.D., John C. Farr, Philip P. Randolph, - Charles Ellis, William Ingram, Joseph R. Chandler, - William S. Perot, Charles P. Perot, L. C. Neuman, - Thomas Latimer, Charles C. Lathrop, Henry Perkins, - John M. Wetherill, Abram Martin, George M. Elkinton, - Benj. H. Pitfield, John Adolph Beaux, Wm. Warner Caldwell, - Jacob T. Bunting, Wm. Armstrong, M.D., John E. Carter. - -👉 WM. J. MULLEN is Agent of the County Prison, appointed by the -Inspectors, and acting under their direction, and also appointed by the -Prison Society. - - - - -FOOTNOTES: - -[1] Less than one-sixth the size of the cells in the corridors which -were then completed in our penitentiary, as described by the same -writer, to wit: eleven feet nine inches long, seven feet six inches -wide, and sixteen feet high to the top of the arched ceiling. - -[2] William J. Mullen. - - -[Transcriber's Note: - -Dialect, obsolete and alternative spellings were left unchanged. -Printing errors, such as backwards or upside down letters, were -corrected; duplicate words were deleted; missing punctuation was added.] - - - - - -End of the Project Gutenberg EBook of The Journal of Prison Discipline and -Philanthropy, January, 1863, by Anonymous - -*** END OF THIS PROJECT GUTENBERG EBOOK JOURNAL OF PRISON DISCIPLINE, JAN 1863 *** - -***** This file should be named 55567-0.txt or 55567-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/5/5/6/55567/ - -Produced by Larry B. 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You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Journal of Prison Discipline and Philanthropy, January, 1863 - -Author: Anonymous - -Release Date: September 17, 2017 [EBook #55567] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK JOURNAL OF PRISON DISCIPLINE, JAN 1863 *** - - - - -Produced by Larry B. Harrison, Wayne Hammond and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -book was produced from images made available by the -HathiTrust Digital Library.) - - - - - - -</pre> - - -<div class="figcenter"> -<img src="images/cover.jpg" alt="" /> -</div> - -<h1 class="bbox"> -<span class="table medium w100"> -<span class="tcell">NEW SERIES]</span> -<span class="tcell tdr">[NO. 2.</span> -</span> -<br /> -<span class="x-large">THE JOURNAL</span><br /> - -<small>OF</small><br /> - -PRISON DISCIPLINE<br /> - -<small>AND</small><br /> - -<span class="x-large">PHILANTHROPY.</span><br /> -<br /> - -<span class="medium table">PUBLISHED ANNUALLY<br /> -<br /> -UNDER THE DIRECTION OF “THE PHILADELPHIA SOCIETY FOR<br /> -ALLEVIATING THE MISERIES OF PUBLIC PRISONS,”<br /> -INSTITUTED 1787.</span><br /> - -<span class="large">JANUARY, 1863.</span><br /> -<br /> - -<span class="medium table">PHILADELPHIA:<br /> -HENRY B. ASHMEAD, BOOK AND JOB PRINTER,<br /> -<small><span class="smcap">Nos. 1102 and 1104 Sansom Street</span>.<br /> -1863.</small></span><br /> -</h1> - -<h2 id="CONSTITUTION">CONSTITUTION<br /> - -<small>OF THE</small><br /> - -<span class="antiqua">Philadelphia Society for Alleviating the Miseries of Public -Prisons.</span></h2> - -<p>When we consider that the obligations of benevolence which -are founded on the precepts and examples of the Author of -Christianity, are not cancelled by the follies or crimes of our -fellow-creatures; and when we reflect upon the miseries which -penury, hunger, cold, unnecessary severity, unwholesome -apartments, and guilt, (the usual attendants of prisons,) involve -with them, it becomes us to extend our compassion to that part -of mankind, who are the subjects of those miseries. By the -aid of humanity, their undue and illegal sufferings may be -prevented; the links which should bind the whole family of -mankind together, under all circumstances, be preserved unbroken; -and such degrees and modes of punishment may be -discovered and suggested, as may, instead of continuing habits -of vice, become the means of restoring our fellow-creatures to -virtue and happiness. From a conviction of the truth and -obligation of these principles, the subscribers have associated -themselves under the title of “<span class="smcap">The Philadelphia Society -for Alleviating the Miseries of Public Prisons</span>.”</p> - -<p>For effecting these purposes, they have adopted the following -<span class="smcap">Constitution</span>.</p> - -<h3>ARTICLE I.</h3> - -<p>The Officers of the Society shall consist of a President; two -Vice-Presidents, two Secretaries, a Treasurer, two Counsellors, -and an Acting Committee; all of whom shall be chosen at the -stated meeting to be held in the first month (January) of each -year, and shall continue in office until their successors are -elected; but in case an election from any cause shall not be -then held, it shall be the duty of the President to call a special -meeting of the Society within thirty days, for the purpose of -holding such election, of which at least three days’ notice shall -be given.</p> - -<h3>ARTICLE II.</h3> - -<p>The President shall preside in all meetings, and subscribe -all public acts of the Society. He may call special meetings -whenever he may deem it expedient; and shall do so when -requested in writing by five members. In his absence, one of -the Vice-Presidents may act in his place.</p> - -<h3>ARTICLE III.</h3> - -<p>The Secretaries shall keep fair records of the proceedings of -the Society, and shall conduct its correspondence. -<span class="pagenum" id="Page_1">1</span></p> - -<h2 class="xx-large"> -<span class="table medium w100"> -<span class="tcell">NEW SERIES]</span> -<span class="tcell tdr">[NO. 2.</span> -</span> -<br /> -<span class="x-large">THE JOURNAL</span><br /> - -<small>OF</small><br /> - -PRISON DISCIPLINE<br /> - -<small>AND</small><br /> - -<span class="x-large">PHILANTHROPY.</span><br /> -<br /> - -<span class="medium table">PUBLISHED ANNUALLY<br /> -<br /> -UNDER THE DIRECTION OF “THE PHILADELPHIA SOCIETY FOR<br /> -ALLEVIATING THE MISERIES OF PUBLIC PRISONS,”<br /> -INSTITUTED 1787.</span><br /> - -<span class="large">JANUARY, 1863.</span><br /> -<br /> - -<span class="medium table">PHILADELPHIA:<br /> -HENRY B. ASHMEAD, BOOK AND JOB PRINTER,<br /> -<small><span class="smcap">Nos. 1102 and 1104 Sansom Street</span>.<br /> -1863.</small></span><br /> -</h2> - -<p><span class="pagenum" id="Page_2">2</span></p> - -<p><span class="pagenum" id="Page_3">3</span></p> - -<h2 id="ANNUAL_REPORT">ANNUAL REPORT.</h2> - -<hr class="short" /> - -<p>In accordance with the present arrangement which requires -that an Annual Report should be prepared of the -proceedings of “The Philadelphia Society for Alleviating -the Miseries of Public Prisons,” the “Acting Committee” -now proceed to exhibit to the Seventy-Seventh Annual -Meeting, such matters of interest as have resulted from -the action of the Society, or have come under its notice -during the year just past.</p> - -<p><i>Law Shortening Sentences.</i>—As the proceedings of the -Society in procuring the passage of a Law shortening -the sentences of prisoners for good conduct, occupied -considerable space in connection with the last Report, -which announced that the provisions of this Law had not -then been carried out in the Eastern State Penitentiary, -it seems proper that we should again advert to the subject, -that those who feel an interest in it may understand -its present position. As the authorities to whom -the execution of the Law was delegated, declined acting -under it, for reasons which they deemed sufficient, the -Society, upon consultation with their counsel, concluded -that the most amicable mode of proceeding for the purpose -of testing its constitutionality, and the obligation -resting upon these authorities to extend to the prisoners -the proffered boon, would be by <i>Habeas Corpus</i>, they -therefore had the cases of two prisoners believed by them -to be entitled to their discharge under the Law, brought -before the Judges of the Supreme Court. The decision -<span class="pagenum" id="Page_4">4</span> -was adverse, and the prisoners were remanded to serve -out the entire term of their sentences. The ground -taken by the Judges in their decision, was so broad as -to make it very difficult to frame a modification of the -Law which would not contravene the objections raised, -and yet retain what were deemed to be some of its most -valuable features. Under all the circumstances, it has -been thought best to let the matter rest for the present. -It is hoped, however, that by the joint action of the -Prison Society, and the Inspectors of the Penitentiary, -we may yet procure a Bill to be enacted into a Law, -which shall be so framed as to enable us, in some measure -at least, to effect our desired object. We should have -freely acquiesced in some verbal amendments to the -Law, but much regret that all of its provisions should -thus have been rendered inoperative, as we feel assured -that the <i>principle</i> contended for is founded in justice, and -that its practical effect on the prisoners would be salutary -as a part of the Prison Discipline,—not only by way -of prompting to obedience to the established rules, and -to habitual good conduct while in confinement, but also -in aiding to promote their actual and permanent reformation, -by practically showing them, that as it is evidently -to their interest to conduct well while there, it must doubtless -be equally so when they are at large in the community; -and the habit thus acquired of looking to this -motive, and practising this restraint on their heretofore -comparatively unbridled propensities, must be of great -service to them, on again going abroad into the world. -If this is the practical effect of the Law, it is plain, that -it is not only a boon to the prisoner, but that the community -is equally interested in its operation, as fewer of -the prisoners will resume their depredations on society -after their discharge. Besides, is it not the part of wisdom -<span class="pagenum" id="Page_5">5</span> -at least, if not of duty, in framing laws for the temporal -government of society, to follow the example of the -Divine Law-giver? We do not find his code to be a -system of punishment only, but also largely one of reward. -If we have there placed before us a fear of -punishment for breaking the Divine Law, we have also -exhibited to our view, in most attractive form, the hope -and assurance of reward, if we do that which is right.</p> - -<p><i>Employment for the Prisoners.</i>—Owing to the derangement -of the business affairs of the country, resulting -from the existing Rebellion, it seemed probable for a -time, that many of those confined in the Eastern State -Penitentiary would be very much without work. The -subject of suitable and constant employment for the -prisoners has therefore claimed our attention during the -past year, as one of considerable importance. We have -had under appointment, a Committee, whose special duty -it was to attend to this matter, and to devising means -by which healthful exercise might be secured, especially -for the benefit of such as might not have sufficient work -to occupy their time. We view labor, in connection with -the prisoners, in a two-fold light. The possession of it -is a positive good, not only as a comfort and companion -in their solitary hours, but also as a reformatory agent. -And the want of it is not only a negative, but a positive -evil, especially with those of a low order of education and -intelligence, who, being unable to read, and possessing -very little matter for reflection, have no resource -with which to occupy and interest the mind, and consequently -there is danger that by constantly preying -upon itself, it may become diseased. Besides, as idleness -has been said to be the parent of crime, it would be -no small matter, if by furnishing employment, we could -do nothing more than establish habits of industry, which -<span class="pagenum" id="Page_6">6</span> -probably very few of those confined in prisons had ever -practised in their previous lives. While at large, plotting -or practising mischief and crime, labor has appeared -to them repulsive, and never having enjoyed its rewards, -they have shrunk from it,—but when their evil career -has been thus suddenly brought to a close, and social -intercourse of every kind with their fellowmen is very -much restricted, and that with their former associates is -wholly cut off, labor is soon sought after, and is found -to be such an alleviation to their present condition, that -they cherish it as a blessing. And when to this is -added the “hope of reward” which it is most truly said -“sweetens labor,” which the credit for “over work,” -granted to the prisoners in our Penitentiary, presents to -them, a powerful additional motive to application is -brought into action with most salutary results. One of -the prisoners in the Penitentiary recently informed a -member of our Committee, that he had earned in one -month $17, by over work, after performing his allotted -task,—that is to say, $8 50 for himself, and the same -amount for the Penitentiary, for the use of the County -from which he came, and he added, with an appearance -of much interest, that he expected at the end of the -three years he had yet to serve, to take out with him -between three and four hundred dollars. Many of them -are thus soon brought to see and feel that labor instead -of being repulsive, as it had formerly appeared to them, -greatly alleviates the necessary discomforts of their -present condition, and also that it is a reliable resource -for the maintenance of those who apply themselves to it. -Many also, who on entering had no knowledge of any -kind of trade, on leaving, take with them, not only habits -of industry, but also a pretty thorough acquaintance with -some one or more of the mechanic arts, such as shoe-making, -<span class="pagenum" id="Page_7">7</span> -cane-seating of chairs, weaving, &c. They are -thus qualified, upon again going forth into the world, to -take a reputable position in society, and secure a livelihood -without resuming their depredations on the community. -Estimating the value of labor for the prisoners -as we do, it is gratifying to us to know that they have -recently been pretty fully supplied with it. It is the -intention and direction of the Law, that it shall be thus -supplied; and we believe, as will be seen by our foregoing -remarks, that it is a valuable adjunct in the Pennsylvania -or Separate System of Prison Discipline. In the -early period of the introduction of this system, some men, -of undoubted talent and philanthropy, strongly advocated -separate confinement, <i>without labor</i>, as being the true -system, and this plan was actually introduced and practically -tested at the Western Penitentiary of this State, -established at Pittsburg; but it was soon found to be -wrong, and to have an injurious effect, both upon the -mental and physical health of the prisoners. It was -also tried in the State Penitentiary at Auburn, New -York, in 1822, under accompanying circumstances however -of great cruelty, and of unfairness so far as it was -intended as a test of the effect of the Separate System -on the mental and bodily condition of those subjected to -it.</p> - -<p>William Crawford, who visited this country in 1833 -and 1834, under appointment by the British Government, -to inspect the several penitentiaries in the United -States, with a view to applying at home, any parts of -the systems on which they were governed, which might -appear desirable, in the report of his labors and inquiries, -which he published after his return, makes the following -statement: “In America, the opponents of this (the -Separate) System, have produced very erroneous impressions -<span class="pagenum" id="Page_8">8</span> -by the publication of certain experiments made -a few years since, of solitude without labor; statements -which have also been widely circulated in England, to -the great prejudice of solitary imprisonment of every -description. Having carefully inspected the prisons in -question, I feel bound to state my conviction, that the -fatal effects which have been described, were not the -result of solitude, but of the contracted dimensions and -unhealthy condition of the cells in which the experiments -were conducted. A trial of solitary confinement -day and night, without labor, was made at Auburn in -the year 1822 for ten months, upon eighty of the most -hardened convicts. They were each confined in a cell -only seven feet long, three feet and a half wide, and -seven feet high.<a id="FNanchor_1" href="#Footnote_1" class="fnanchor">1</a> They were on no account permitted -to leave the cell during that long period, on any occasion, -not even for the purposes of nature. They had no -means of obtaining any change of air, nor opportunities -of taking exercise. The most disastrous consequences -were the natural result. Several persons became insane, -health was impaired and life endangered. The -discipline of the prison at that period was one of unmixed -severity. There was no moral nor religious instruction -of any kind communicated within its walls, nor -any consolation administered by which the convict was -enabled to bear up against the cruelty of this treatment. -Nor was a trial of the same description, which took place -in the State of Maine, conducted under more advantageous -circumstances. The night rooms or cells at this -prison are literally pits, entered from the top by a ladder, -<span class="pagenum" id="Page_9">9</span> -through an aperture about two feet square. The -opening is secured by an iron grate used as a trap-door; -the only other orifice is one at the bottom, about an inch -and a half in diameter, for the admission of warm air -from underneath. The cells are eight feet nine inches -long, four feet six inches wide, and nine feet eight -inches high. The gloom is indescribable. The diet -during confinement was bread and water only. Thus -immured, and without any occupation, it will excite no -surprise to learn that a man who had been sentenced to -pass seventy days in one of these miserable pits, hung -himself after four days’ imprisonment. Another condemned -to sixty days, also committed suicide on the -twenty-fourth day.” Our author goes on to speak of -similar experiments having been made in Virginia, where -the cells were in fact mere dungeons, being in the basement, -and so dark as to require a lamp in visiting them. -They were not warmed at any season of the year, and -a prisoner’s feet were actually frozen during the confinement. -In damp weather the water stood in drops on -the walls, &c. He then adds: “From experiments of -this character no just conclusions can therefore be derived, -unfriendly to solitary imprisonment of any kind, -especially when accompanied by employment, in large -and well-ventilated cells, the arrangements of which -have reference to the preservation of the health, regular -employment, and the improvement of the mind of the -offender.”</p> - -<p>We are aware that the disastrous results of the treatment -of the prisoners, as set forth in these extracts, was -not wholly owing to their being deprived of labor, but it -is evident from the manner in which the subject is -treated by the author, that the evil was greatly aggravated -by this circumstance. We here see, however, -<span class="pagenum" id="Page_10">10</span> -what monstrous cruelty has been practised in the name -of the “Separate System,” and these deplorable but inevitable -results were immediately seized by its opponents -and spread abroad through the length and breadth of -the land, both in Europe and America, as conclusive -evidence, that these evil consequences were necessarily -inherent in, and a part of the system itself. The consequence -was, that many philanthropic and well meaning -persons beyond the limits of Pennsylvania, became -prejudiced against it to that degree, that there was no -opening in their minds to hear the truth, and on merely -<i>naming</i> the system to them they would almost turn from -you in disgust. This prejudice is largely operative to -the present time, and the much to be regretted result -has been that this system, truly humane as it is, when -properly carried out (of which the Eastern State Penitentiary -of Pennsylvania may be taken as a practical -illustration), and superior, as we believe, to all others, -has not made one tithe the progress in the world which -we feel assured it would have done if its true character -had been understood.</p> - -<p><i>The “Separate” and the “Silent” Systems compared.</i>—It -may be thought that we have dwelt long enough on -this branch of the subject; but as its discussion has in -some measure brought into view our particular prison -system, that of the entire separation of the prisoners -from each other, day and night, during the whole term -of their confinement, and by inference, if not directly, -contrasted it with the “Auburn” or “Silent” System, -where they are separated only at night and at their -meals, but at other times are congregated in their workshops, -&c., under a peremptory rule of silence. We avail -ourselves of the opportunity to introduce two or three -short paragraphs from high authority, with a view to -<span class="pagenum" id="Page_11">11</span> -assisting those who may read this report beyond the -limits of our Society, in arriving at a correct understanding -of the important question at issue.</p> - -<p>William Crawford, from whom we have already -quoted, a commissioner of the British Government, and -a man distinguished for his humanity and intelligence, -who during more than twenty years had devoted his -time to visiting the prisons and penitentiaries in the -United States and England, in a report on the systems -just referred to, made to the British Parliament, places -them in contrast in the following manner, to wit: “In -judging of the comparative merits of the two systems it -will be seen, that the discipline of Auburn is of a physical, -that of Philadelphia of a moral character; the whip -inflicts immediate pain, but solitude inspires permanent -terror. The former degrades while it humiliates, the -latter subdues but it does not debase. At Auburn the -convict is uniformly treated with harshness, at Philadelphia -with civility; the one contributes to harden, the -other to soften the affections. Auburn stimulates vindictive -feelings, Philadelphia induces habitual submission. -The Auburn prisoner when liberated, conscious that he -is known to past associates, and that the public eye has -gazed upon him, sees an accuser in every man he meets. -The Philadelphia convict quits his cell secure from -recognition, and exempt from reproach.” He also says, -“It is a curious fact, that some of the strongest testimonies -in favor of individual separation, may be collected -from those who are the best acquainted with the -operation of the Silent System. We can assert with -confidence, that there is not one of the best conducted -prisons, in which the Silent System is effectually enforced, -that we have not repeatedly visited and closely -inspected; and we can truly state, that with one exception -<span class="pagenum" id="Page_12">12</span> -only, the governors of those prisons have acknowledged, -that had they to decide upon the merits -of the respective plans, they would unquestionably give -their unqualified preference to the Separate System.”</p> - -<p>The enlightened and excellent Count Gasparin, in a -letter to George Sumner of Boston, then in Paris, in -commending the system (with the practical operation of -which in France he was perfectly familiar), says, “Every -government which in the actual state of society, and of -the progress of social science, adopts any other than the -Separate System, will expose itself to the necessity of -having, before long, to reconstruct its prisons.”</p> - -<p><i>Insanity.</i>—In a short paragraph in our last Annual -Report, we think that we fully met and refuted the -charge frequently made by the opponents of the system, -that its discipline is liable to produce insanity, and relieved -the humane feelings of those who were under a -sincere, but mistaken apprehension of this result, by referring -to the close and systematic observation which -had for many years been directed to this point, in the -Eastern State Penitentiary of Pennsylvania, which -established the fact, that instead of the mental health of -the prisoners having been injured, it had in the aggregate -been decidedly improved during their confinement. -We propose now, in support of this position, to introduce -the testimony of two acute observers of the operation -of the same system in France. First, the distinguished -Physician, <i>Dr. Lelut</i>, known in America as well as in -Europe, by his important work on Insanity, &c., in -speaking of the results of an examination of the prisons -on the Separate System, which he had made by direction -of the French Government, states that there were then -in France twenty-three such prisons, and that he had -examined about half of them,—and goes on to say, “In -<span class="pagenum" id="Page_13">13</span> -all these houses, I have confirmed <i>de visu</i>, what was previously -declared by theory, that the Separate System, -independent of all the facilities which it offers, for elementary -and professional instruction, for the moral and -religious education of the prisoners, for religious exercises—independent -of the circumstance that it alone prevents -prisoners from associating with each other, and -from corrupting each other—<i>that it causes infinitely fewer -cases of death and insanity than any other system of imprisonment</i>. -The actual condition of our cellular houses, -their history, which covers already a period of three, -four, and five years, the testimony of their directors, of -their physicians, of their visitors, do no leave any doubt -upon this important point.”</p> - -<p>The Prefect of the Department, in enclosing to the -Government the Reports of the Chaplain, Physician and -Directors of the Prison of Tours in France, writes thus: -“These Reports establish in the most complete manner, -that in regard to the sanitary condition, and the moral -education of the prisoners, the system of total separation, -so violently and so unjustly attacked, produces the most -remarkable results. Of a total number of 1,626 persons -who have entered the prison since its inauguration, 16 -only have been transferred to the hospital, and one only -has died,—and this single case of death was an old man -of seventy, who was laboring under a chronic affection of -the lungs. If we seek for the influence which it exercises -on the intellectual faculties of the prisoners, we -must recognize, that far from disturbing their reason, it -produces on their minds the most salutary results. In proof -of this, I may mention, that not a single case of insanity -has occurred in the prison, and that many who have been -condemned for a term which require their removal to the -<i>Maisons Centrales</i>, solicit as a real favor, the permission -to complete their imprisonment in their cell.” -<span class="pagenum" id="Page_14">14</span></p> - -<p><i>M. Moreau Christophe</i>, Inspector of French Prisons, -<i>Dr. Julius</i>, who visited the Penitentiaries of the -United States as a Commissioner from the Prussian -Government, and <i>M. Ducpetiaux</i>, Inspector General of -the Prisons of Belgium, with many other eminent -foreigners, who had facilities for closely observing the -working and results of the Separate System, and of comparing -it with the “Silent” and other Systems of imprisonment -existing in different places, have in their -various Reports given very interesting and instructive -views, confirmatory of the superior value of the system -adopted by us, but we must pass them by, and proceed -with our Report.</p> - -<p><i>Tobacco.</i>—The subject of the use of Tobacco in the -Penitentiary has again claimed our attention and care -during the year now coming to a close, as it did during -the one which immediately preceded it. It will no -doubt be acknowledged by most, that the practice of -using it is of no real value to those who indulge in it, -unless it be in the character of medicine, in a very few -cases, and consequently, if there was no moral or -physical evil resulting from it, its use should be discouraged -on the score of economy, and with a view to -lessening the number of the wants of individuals, and -therefore, making it more easy to satisfy them. But -when, in addition to this, its use is very often attended by -serious physical and moral evils, such as impairing the -bodily health, and exciting a craving for the use of intoxicating -drink, it seems especially desirable that those -who are clear on entering the Penitentiary, shall not -there be permitted to contract the habit, and that an -effort should be used to break the habit with those who -have brought it with them, and in fact, that it should be -made a part of the Prison Discipline, in teaching them -<span class="pagenum" id="Page_15">15</span> -habits of economy for their own future good, during the -period in which the law makes them subject to the control -of the prison authorities. Our care of the subject, -which has heretofore been in the way of moral suasion, -with the prisoners, and those who had the control of -them, and which has been exercised verbally, as suitable -opportunities offered, has finally resulted in the adoption -of a Resolution, respectfully asking the Inspectors -wholly to prohibit its use in the Penitentiary, (as the -Inspectors of our County Prison have done there, with -highly satisfactory results,) unless it be in cases strictly -medicinal. The quantity at present used in the Penitentiary -is much reduced, but this is done, as we understand, -as a matter of economy in conducting the Institution, -as the cost of the article has latterly been much -enhanced.</p> - -<p><i>Pardons.</i>—The very important subject of Pardons, -and the manner in which the power is exercised, (not -only in our own Commonwealth, but in most places where -it exists,) has at different times occupied our attention, -though not specially within the past year, with desires -that some result might be reached by which the acknowledged -evils of the pardoning system might be at least -in part remedied. It is a power which should exist -somewhere, and be exercised sometimes; but the good of -society, and even of the parties on whom it is to operate, -requires that it should only be applied to exceptional -and rare cases, and with great caution. We have not -yet succeeded in maturing any plan which it is believed -would be likely to remedy, or materially lessen, the -existing difficulties.</p> - -<p><i>Abuses by Committing Magistrates.</i>—We have again -had under the care of a Committee, the abuse of power -by the Aldermen or Committing Magistrates. This is -<span class="pagenum" id="Page_16">16</span> -an evil of great magnitude, and has claimed the attention -of the Society almost from its origin, but without -yet making much advance towards its suppression; nor -do we hope to effect it, till their mode of compensation -is changed from fees to a stated salary from the Public -Treasury. As we shall have occasion to refer to this -matter again as we advance in our Report, this short -notice may suffice here.</p> - -<p><i>Better Accommodations needed by the Society.</i>—The -books and papers of our Prison Society are accumulating -to such an extent, as to make it difficult, with the accommodations -we possess, to take proper care of them. -Many of them are so valuable as to make their preservation -almost an object of public interest. An ample and -secure fireproof would be very desirable, and also much -more extensive book cases than we now have. Our -funds, however, are so limited at present, as to be barely -sufficient to meet our current annual outlay, such as the -appropriation towards the support of the “Prison -Agency,” that to the Prison “Association of Women -Friends,” and for the aid of discharged prisoners, and -the amount required to meet our Room Rent, the publication -of our Journal, and various necessary incidental -expenses. We therefore have nothing to spare towards -procuring a suitable building or room of our own, which -we think would be very desirable. We would therefore -commend the Society and its various interests to the -kindly notice of our many benevolent citizens who are -blessed with ample means, as being deserving of their -consideration and attention, both when making their -current distribution from time to time of surplus income, -and when through the medium of a will, they are -making a final appropriation of their estates.</p> - -<p><i>The Prison Agent.</i>—William J. Mullen, the Prison -<span class="pagenum" id="Page_17">17</span> -Agent, acting under appointment and authority of the -Inspectors of the County Prison, and also on behalf of -our Prison Society, has continued his services in investigating -cases of alleged oppressive and illegal commitments -to the County Prison, with unabated zeal and -singleness of purpose. He has, with the co-operation -of the proper authorities, succeeded in liberating during -the year 1,223 of these from prison. Amongst them -were many very interesting cases, where the common -rights of individuals would have been successfully outraged, -if they had not been inquired into and relieved -by the action of the agent. And it should be remembered -that the wrong and suffering in these cases is by -no means limited to the individuals who are incarcerated, -but that it often extends most cruelly to others -connected with the prisoners. What must be the situation -of the poor wife and helpless children, when the -husband, the father, and provider for their urgent necessities, -is thus wrongfully torn from them? Some are -arrested and committed under mistake, but much of the -wrong-doing in relation to such commitments, arises from -the cupidity of the Police-aldermen, or committing -magistrates, who many times, on the most frivolous -charges, and sometimes without sufficient evidence -against them, commit individuals to the prison from -motives of gain. In some instances they are content -with the fees established by law, but there is ground to -believe that extortion is not unfrequently attempted to -be practised, and sometimes with success. The mode -of compensating the aldermen, by fees to be derived -from the individual cases in which they act, gives them -an interest in thus oppressing the helpless, and has long -been a crying evil. Under this system, and in actual -practice, there is good reason to fear, that much of the -<span class="pagenum" id="Page_18">18</span> -income of many of them is not merely “the gain of oppression,” -but that of extortion also. There are no -doubt upright and honorable men among them, but until -all fees for such cases are taken away, and a fixed salary -substituted, we need not expect to find them as a class -to be governed, in their official acts, by high-minded and -disinterested motives.</p> - -<p>We propose here giving a synopsis of a few of the -cases contained in the monthly reports received from -the agent during the year, of individuals liberated -through his investigations and attentions.</p> - -<p>One was that of a venerable old gentleman, for many -years President of the Board of Commissioners of the -Northern Liberties of Philadelphia, who had retired from -business, being worth a handsome independence. He -was in the habit of spending much of his time at the -office of a relative of his, a merchant on the wharf. The -clerk of the merchant on returning from bank, where he -had been to make a deposit, found three five dollar -United States notes, which he handed to the merchant, -who advertised for the owner to come forward and -identify the money, and it would be given up. The -merchant authorized his relative, the prisoner, to act for -him during his absence, and if anybody properly identified -the money, to take it from his desk and return it. -Among the claimants was an ignorant woman, who said -that she and her husband had lost $50 between Frankford -and South Street, and they did not come up any -further in the city than Second Street; that the money -they lost was in one, two, and three dollar notes. The -prisoner informed her that neither the money she had -lost, nor the place where she had lost it, agreed with -that which had been found, and therefore she could not -have it. She immediately went to an alderman and -<span class="pagenum" id="Page_19">19</span> -swore that the prisoner said he had her lost money, but -would not give it to her. Upon this statement, accompanied -by an affidavit from her husband (who had not -heard the prisoner say anything on the subject), a warrant -was issued, and he was arrested. On the hearing, -the prisoner denied ever having said what had been -testified against him, and informed the alderman that he -had never seen the lost money, nor even either of the -five dollar notes which had been found. Upon a commitment -being made out, he asked the constable to go -with him to get bail, which he refused to do. He also -informed the alderman that he was abundantly able to -go his own bail, which, however, he refused to take. -The agent, seeing him in the prison, procured bail to be -entered, and soon had him released.</p> - -<p>A second was that of a woman who was committed -for larceny, being charged with having stolen a box of -jewelry of but little value. Upon investigation of her -case, the agent ascertained that her prosecutor had previously -robbed her of some bed ticking, and had brought -this charge against her to defeat the ends of justice. -She was arrested and imprisoned at the very time when -she was required to be at Court to testify in reference -to her stolen property. Careful examination enabled -the agent to prove in Court that instead of the prisoner -having committed a larceny, the prosecutor had entered -her house during her absence, ripped open a pillow, and -after placing the jewelry in it, sewed it up with a peculiar -kind of thread, such as the agent found in the prosecutor’s -house. In confirmation of this, when the officer, -in company with the prosecutor, was searching the -prisoner’s house for the jewelry, and could not find it, -the prosecutor pointed out the very pillow which contained -it, and asked to have that searched. -<span class="pagenum" id="Page_20">20</span></p> - -<p>A third case was that of an innocent woman who had -been convicted and sentenced to three months on a -charge of “false pretence.” The charge consisted in -her having applied to a member of the St. Andrew’s Society, -of which her husband had been a contributing -member, for money to pay the funeral expenses of her -deceased child, which had been buried the day before. -A police officer, who was near at the time, arrested, and -caused her to be committed, saying that she was an impostor, -and he did not believe her story about the child. -When her case came up for trial, the agent supplied her -with competent counsel who explained the case and -defended her. She was, however, convicted on the -testimony of this officer, although she herself addressed -the Court, and protested against the testimony, explaining -her case in a simple, earnest, and truthful manner. -Judge Ludlow, seeing her great distress, humanely sympathized -with her, and directed an officer of the Court -to accompany her to her home to ascertain the facts, see -the sexton of the ground where she said the child was -buried, &c., promising to release her yet, although convicted, -if her story proved true, but if false, to increase -her sentence. The officer, after going a short distance -with her, took her back to the Court, and reported that -she was unable to direct him to a single person who had -known her to have buried a child.</p> - -<p>The judge then sentenced her for three months to the -County Prison.</p> - -<p>After this, the agent investigated the case, and found -that every word she had said to the Court was literally -true, as to the death, and the time and place of burial, -&c. The physician was seen, who at the time of its -death had given the certificate; the sexton who had -buried it was also seen, and the clergyman who had authorized -<span class="pagenum" id="Page_21">21</span> -the burial, and paid the charges of the undertaker, -with the understanding that she was to pay him -again, he having perfect confidence in her promise to do -so. When the agent had given to the Court satisfactory -proof of these facts, Judge Ludlow reconsidered her -sentence and discharged her from prison. Thus, through -the services of the agent, this poor but respectable -woman was saved not only from the pains and privations -of a three months’ imprisonment, but also from the -odium of being an impostor and a convict, which would -probably have been attached to her character during the -remainder of her life.</p> - -<p>We shall introduce one other case, for the purpose of -illustrating the value of this agency, beyond the mere -liberating of persons from prison, which is that of a -“peacemaker” between the prosecutor and the person -whom he had procured to be committed, which is a frequent -result of the settlement of cases.</p> - -<p>This was that of a German soldier who borrowed -money from two different persons for the purpose of -getting a commission as captain in the army, and promised -to pay them as soon as his commission was obtained. -He failed, however, to procure one, and having expended -the money, he was unable to repay them. They therefore -had him committed to prison on the charge of “false -pretence.” The man had a wife and seven children in -New York depending upon him for support. He had -an abundance of recommendations of good character. -The agent saw his prosecutors, and succeeded in getting -them to go to the prison and talk with him. They soon -became very much interested in him, gave him some -money, went to the District Attorney and asked for his -discharge, and paid all the Court charges and expenses, -becoming satisfied, upon reflection, that nothing wrong -<span class="pagenum" id="Page_22">22</span> -was intended by the prisoner. They invited him to -their houses, and proffered him their friendship for the -future.</p> - -<p>Many other cases are almost equally entitled to a -place in this Report, as strikingly illustrating the value -of the agency to the cause of humanity, and also to the -community, in the large annual saving of expense to the -County, resulting from the discharges effected by it, -before the cases reach the Court. The cost of maintenance -and of prosecution, thus saved in the year 1861, -amounted to upwards of $11,000. Its value is fully -appreciated by the public authorities, as the following -paragraph from the Presentment of the Grand Jury for -the June Term, 1862, will testify. In speaking of their -visit to the County Prison, they say: “During a part -of their visit through the prison they had the company -of the prison agent, William J. Mullen, and were glad -to find that he still continues in the discharge of his -arduous duties, thereby saving great expense to the -County, as well as affording protection to the rights of -the poorer classes of society.”</p> - -<p><i>Lunatics.</i>—We last year referred to the practice which -prevailed of committing lunatics to the County Prison, to -the great disadvantage of that institution, and stated -that this Society was co-operating in an application then -about being made to the Legislature, which, it was hoped, -would result in relieving the prison of this class of its -inmates. The contemplated application was made, and -a Committee attended at Harrisburg to make such explanations -as might secure the favorable notice and -action of the Legislature, but without success. Subsequently, -however, the prison agent, after considerable -effort, succeeded in inducing the Board of Guardians of -the Poor to rescind instructions which had been issued -<span class="pagenum" id="Page_23">23</span> -to the officers of the almshouse, prohibiting the admission -of persons sent from the County Prison, so far as to -give their President power to admit (under certain restrictions) -such persons as he might deem proper, on -application of the Inspectors of the County Prison, to -that effect.</p> - -<p>Under this arrangement, thirty-one insane persons, -some of whom had been imprisoned for years, have been -sent from the prison to the Insane Department of the -Almshouse within the past year.</p> - -<p><i>House of Correction.</i>—The establishment of a House -of Correction, (an institution intermediate to the almshouse, -and prison,) was referred to last year, as an object -of much interest to the community, and a hope was expressed -that this highly important advance in the reformatory -movements of our Commonwealth, might, under -the Act of March, 1860, be soon carried into effect. It -is cause for regret, however, that no substantial advance -has yet been made. The delay in purchasing the ground, -and erecting the necessary buildings, is understood to be -occasioned by the City Councils having failed to make -an appropriation of the requisite funds. The measure is -so important, that we earnestly hope that the different -parties having the control of it, may, by hearty and -united action, be enabled to bring this long desired -establishment into early and successful operation.</p> - -<p><i>Prison Society’s Visitors and Visiting.</i>—We propose -now to refer to the subject of visiting the prisons and -the prisoners, the duties of which we feel to be of constant -obligation, and if faithfully discharged, under right -qualification, we believe to be of importance, second to -nothing else, which devolves upon the Society. As -heretofore, the Acting Committee, (consisting of the -officers of the Society, <i>ex officio</i>, and forty-four other -<span class="pagenum" id="Page_24">24</span> -members), has been divided into two sub-committees: -one of them being allotted as visitors to the Eastern -Penitentiary, and the other to the County Prison. These -Committees have been regularly organized, and each of -them has held Stated Monthly Meetings, at which -Reports have been received from the individual members, -as to the character of their services during the -month, and these Reports, or a summary of them, have -been transmitted to the Monthly Meetings of the Acting -Committee. From the accounts thus received, there is -reason to believe that the interest in this service has in -no degree abated, and that the duties of the visitors are -discharged with increased efficiency. Owing to the -long continued indisposition of one or two of the members -of the Penitentiary Committee, and the protracted -absence from the city of others, the aggregate number -of visits paid there is not quite equal to that reported -last year. There have been, however, 175 written -Reports received from members of this Committee, by -which we are informed that 656 visits were paid by them -to that institution during the course of the year, in which -7,031 interviews were had with the prisoners, 4,728 of -which took place within the cells, and 2,303 at the cell -doors. We have no doubt but that many other visits -were paid, but omitted to be reported.</p> - -<p>The manner of meeting the prisoners is in a kindly -spirit, approaching them not as convicts, but as men, the -consequence of which is, that the entrance of a member -of the Committee into a cell proves, with rare exceptions, -a source of real satisfaction to the inmates; confidence -being by this means established, an avenue is opened to -their better feelings, and on being inquired of, they -freely give a history of their past lives, and state what -were the immediate influences under which the crime -<span class="pagenum" id="Page_25">25</span> -was committed, which resulted in their being confined -in a felon’s cell. The information thus obtained, has -fully convinced us, that a very large proportion of the -vice existing, and of the crimes committed, if traced to -their root, will be found to spring from Intemperance.</p> - -<p>It must be remembered that this baneful influence is -not limited to those individuals who commit crimes while -under the immediate effect of the intoxicating draught, -nor even to such, and those who by their ruinous habits, -have brought themselves into such a state of destitution -and degradation, that their necessities present strong -temptations, and at the same time their sense of the -obligations of integrity and the rights of their fellowmen, -is so weakened, that the fatal step is easily taken. -But to these two classes must be added the children of -such, who, growing up under the influence of the evil -example of the parent, feeling the degradation which he -has brought upon his family, and suffering from the destitution -which he has entailed upon them, and at the -same time, being without the benefit of any sound moral -and religious instruction, and permitted to roam the streets -in idleness, without the knowledge of any business, are -easy victims to the attacks of the tempter. When will -the proper authorities of the land, by the enactment of -suitable and effective laws, lay the axe to the root of -this giant evil?</p> - -<p>In these interviews with the prisoners, such counsel is -given, as seems suited to their condition, so far as the -visitors feel themselves qualified, not unfrequently, as we -trust, seeking for Divine aid in the performance of the -service. We believe that <i>many</i>, during their confinement, -are improved in their <i>moral</i> perceptions, and reach -the conviction that “honesty is the best policy,” and are -thus brought to resolve to endeavor to lead a correct -<span class="pagenum" id="Page_26">26</span> -life from the time of their discharge, and we hope that -not a few of these, with the Divine blessing on their -efforts, have not again relapsed into their former course -of vice and crime, and that some, even amongst those -who may not have yet attained to the true ground of -reformation, an abhorrence of themselves in the sight -of God, may, through Divine mercy, before the close -of life, experience that change of heart which will render -them acceptable in His sight. And we feel assured, that -we have witnessed some instances of <i>true conversion</i>, -which have resulted through the co-operation of Divine -grace, with the instrumentalities connected with our -prison system, and we cannot doubt but that the labors -of our Prison Society have had some agency in effecting -this happy change.</p> - -<p>One peculiarly interesting case of this kind has recently -occurred, which is thought to be of sufficient -value to justify special reference to it. This was a young -man, No. 4,160, aged 17, sentenced January 6, 1860, for -two years and six months. He had been a very bad -boy, and had been imprisoned before, (but not under -our System,) without being benefited. After being in -the Penitentiary several months, he was favored with -a sense of the “exceeding sinfulness of sin,” and of his -need of a Saviour, and by yielding to the monitions of -Divine grace, he in due time, as we trust, experienced -an entire change of heart, and attained to a state of acceptance -in the Divine sight. Several months before -the termination of his sentence, he was attacked with -consumption, which soon gave evidence that he was not -long for this world. During the remainder of his term, -his disease steadily progressed and he often suffered -much, but he was entirely reconciled to his condition, -and felt comparatively happy, esteeming it as a great -<span class="pagenum" id="Page_27">27</span> -mercy that he had been placed there, where as he said -he had found his Saviour. He only hoped that he might -not die till he was discharged, and reached the arms of -his pious mother at a distance from this city, for her -comfort and his own. On the 6th of July last, at the -termination of his sentence, he was discharged. This -occurred on the first day of the week. A member of our -Committee took him from the Penitentiary to his own -house, and kept him there until he could be suitably forwarded -to his mother. This member in referring to him -remarks, “One evening, after our family reading [of the -Scriptures], I went up with him to his chamber and -knelt with him at his bedside in prayer, when we each -offered up a petition to the Throne of Grace. I was -about leaving the room when he said, ‘Don’t go yet, -stay and have a good talk.’ I did so, when we had a -full and free interchange of thought. I questioned him -as to what he was resting his hopes of pardon on, and -found that it was on the only sure foundation,—Christ -Jesus and his atoning sacrifice.” He reached his mother, -and was with her nearly a month when he died on the -8th of August last. The following is an extract from a -letter written by her to the member referred to, a few -days after his decease: “I know you and Mrs. —— -will sympathize with a sorrow-stricken mother. My -darling child is no more. He sweetly fell asleep in -Jesus, at 4 o’clock on Friday, August 8th, after three -days’ great suffering, which he bore without one murmur. -His answers to all were surprising, his conversation -humble and childlike. His confidence in his Saviour -never wavered; patient, gentle, and loving to all, but to -his poor mother he was all love. How hard I feel it to say, -Thy will be done! His consoling words to me were, ‘My -dear mother, don’t weep but look up.’ In the valley he -<span class="pagenum" id="Page_28">28</span> -felt his Saviour’s presence.” Soon after, she addressed -to the same another letter, from which the following is -an extract: “I did not know how dear I loved him until -we were called on to part. His patience under such -suffering was surely the work of grace, so gentle, so -meek. For a week he seemed to be getting somewhat -better, and a ray of hope shot up, he would be spared -for some time at least. But four days before his death, -<span class="nowrap">...</span> his agony was great, but not one word of complaint -escaped his lips. His whole conversation was his Saviour’s -wonderful love. His anxiety for the children’s conversion, -especially his brother Thomas, was great, and his -prayer that God would make him the instrument in converting -one soul was lovely to me, nor have I one doubt -but that [his] prayers will be answered<span class="nowrap">....</span> -For the whole day before he died, he kept on saying, -‘Dearest mother, look up but don’t weep.’ At 4 o’clock -he called for his brothers and sisters to bid them farewell, -which he did, shook hands and kissed each one -with a prayer, that his Saviour would grant them grace -so to live, as they would meet him in heaven,—but to -Thomas he said, ‘Kneel beside me, dear brother.’ Thomas -did so, and then James said, ‘Dearest Thomas, will you -promise your dying brother to seek the Lord, to give -him your whole heart?’ Thomas said he would try; -then he lifted his dying eyes to heaven and said distinctly, -‘O Saviour, grant him grace to keep this solemn promise.’ -He seemed in great pain. I asked him how the Saviour -appeared to him in the dark valley. Aloud and clear -he said, ‘Dearest mother, Jesus is precious.’ These were -his last words. He became insensible, and continued -in a sort of stupor until a few minutes before 4 o’clock, -when I whispered in his ear, ‘Do you know your mother, -my son?’ He turned such a lovely look of recognition, -<span class="pagenum" id="Page_29">29</span> -moved his lips for me to kiss him, I did so, one gentle -sigh, and all was over.”</p> - -<p>In the introduction to this branch of the Report, we -speak of visiting the <i>prisons</i> and the <i>prisoners</i>. The -Law incorporating our Prison Society, and that conferring -on the Acting Committee the character of Official -Visitors, contemplate that in addition to the salutary influence -we may endeavor to exert upon the prisoners, by -social intercourse with them, and impressing upon them -moral and religious instruction, we should also observe -the workings of our Prison System, bring anything which -appears to be wrong to the notice of the proper authorities, -that it may be remedied, and suggest any reforms -or improvements in the System which may appear to be -desirable. Under this view of our duties and privileges, -our Committee, besides observing the general condition of -the Institution, as to good order, cleanliness, healthfulness, -&c., make special inquiries as to the supply of -labor furnished the prisoners, whether the ignorant and -illiterate among them receive proper attention from the -teacher, how they are progressing in their learning, and -if those who can read are freely supplied with books -from the prison library, and have copies of the Sacred -Scriptures placed in their cells. All these inquiries have -resulted satisfactorily, excepting that the teaching force -is not sufficient to give such frequent lessons to those -requiring them, as would be desirable. The progress -which many of them make is very gratifying, and indeed -surprising. The instances are frequent, where prisoners -who entered wholly without school-learning, that is to -say, without any knowledge of letters or figures, in a -very few months, are able to read, write, and cipher, -with considerable facility, and a very gratifying circumstance -connected with this is, that most of them highly -value the knowledge they are thus acquiring. -<span class="pagenum" id="Page_30">30</span></p> - -<p>The library is now in a very good condition, having -been overhauled during the year and a new catalogue -prepared, after withdrawing several hundred mutilated -and imperfect volumes from the collection. It now contains -about 2,600 volumes, all complete and in a good -state of preservation, about 2,060 in the English, and -540 in the German and French languages. While the -library was regularly open, 11,526 books were loaned, -and in addition, considerable reading matter was furnished -during the several months in which they were -engaged in examining and re-arranging the books, of -which no regular record was kept.</p> - -<p>The various officers of the Penitentiary, by their -general kindness and good temper in their care of and -intercourse with the prisoners, evidence their fitness for -their position, and as “like begets like,” similar deportment -is reciprocated by the prisoners towards them. -This is one of the excellent features of our System, -which rarely, if ever, calls for the exercise of harshness -by the keepers, and, consequently, instead of vindictive -or bitter feelings being excited towards them, on the -part of those under their control, a mutual feeling of -sympathy is frequently brought into action. This was -recently very pleasantly exemplified in the presence of -a member of our Committee. A keeper, who had charge -of about thirty prisoners in one of the corridors, received -intelligence of the death of a son in the army, and having -obtained leave of absence for a few days that he might -go to Virginia to bring home the remains, before leaving, -called at the cell of each of those under his care and bade -them farewell. Both the words and deportment of the -prisoners evidenced that they sympathized with their -caretaker in his bereavement. It is also a general -practice with the keepers in the evening, as they pass -<span class="pagenum" id="Page_31">31</span> -from cell to cell to hand in a light and lock the doors, -to exchange a parting salutation with the inmates. We -think it must be self-evident, that such a condition of -things is much more favorable as a school of reform than -that where the harshness of discipline prevails, which is -said to be inseparable from the <i>Silent</i> System. The -former is like the mellow soil moistened by the gentle -shower, which receiving the seed kindly, when deposited -by the hand of the husbandman, it soon germinates, and -in due season brings forth fruit, which abundantly rewards -him for all his toil. Whilst the latter is like the -arid, indurated clay, upon which equally good seed may -have been scattered, but being dry and impenetrable, it -either never springs up, or at best it has a stunted -growth, and its yield never compensates for the labor -bestowed upon it. The entire number of prisoners in -the Penitentiary during the year 1862 was 586. The -largest number at any one time was 451, on the first -day of the year, and the smallest 353. The number in -confinement there on the first day of this year (1863) -was 369, to wit: white males 297, white females 18, -black or colored males 51, and black females 3. There -were 6 deaths and 18 pardons in the course of the year.</p> - -<p>The Committee on the County Prison have attended -faithfully to their duty as visitors during the year, but -the reports from them are not so minute as those from -the Committee on the Penitentiary, and, consequently, -we are unable to analyze them so as to set forth the -particulars of their services. One of the members so -thoroughly devotes his time to the duty, as to visit the -prison more than 500 times during the year, generally -twice a day for more than 250 days. The other members -report having among them paid 419 visits in the -course of the year. -<span class="pagenum" id="Page_32">32</span></p> - -<p>Under the care of the present judicious and efficient -Board of Inspectors, the prison has been satisfactorily -conducted; but the population is so unsettled (being -largely composed of vagrants, the untried, and those -committed for petty offences), that it cannot be considered -to fairly illustrate the “Separate System,” and -therefore we think it proper to make more especial and -extended reference to the Penitentiary than to it.</p> - -<p>The Prison “Association of Women Friends” (which -is recognized by us as an auxiliary in the good work), -have continued to be diligent visitors to the females confined -in both prisons, and have entered on the service -under a full sense of its serious importance, and with -desires that their labors might be promotive of the -temporal and eternal good of the visited. In the course -of the year they paid 987 visits to the prisoners in the -two institutions.</p> - -<p>In addition to the moral and religious instruction -communicated to those confined in each of the institutions, -through the medium of our visitors and those of -the association just referred to, the Eastern Penitentiary -has, as one of its regular officers, a “Moral Instructor,” -whose time is devoted to visiting the prisoners individually -in their cells, and there instructing them in -those things which most nearly concern their temporal -and eternal interests. The present incumbent of the -office is John Ruth, a worthy minister of the Methodist -persuasion, who appears to be well fitted for the discharge -of the duties of his station. Ministers of different -denominations also frequently visit the Penitentiary, both -for the purpose of having religious opportunities with -individual prisoners, and for the more general and public -discharge of the duties of their calling. In the County -Prison, although there is no regular officer employed for -<span class="pagenum" id="Page_33">33</span> -the purpose as in the Penitentiary, yet the institution is -pretty well supplied with volunteer religious instructors -from different sources, and, on the first day of the week, -the prison agent generally procures the attendance there -of one or more ministers.</p> - -<p>In our Report last year, we informed that the Quarterly -Journal, which had been published by the Society -for a number of years, was discontinued, and an Annual -Report and Journal substituted for it. The principal -reason then assigned for the change was, the large absorption -of our funds which its publication occasioned, -while our means for aiding discharged prisoners and sustaining -other objects of practical benevolence in carrying -out the original object of our organization, that of -“Alleviating the Miseries of Public Prisons,” were entirely -too limited. The result, we think, has already -confirmed the propriety of the course then adopted. -Our financial condition has considerably improved, and -our appropriations in 1862, in aid of discharged prisoners, -were upwards of fifty per cent. greater than in 1861.</p> - -<table> - <tr> - <td><span class="smcap">Edward H. Bonsall</span>,</td> - <td class="br bt"></td> - <td rowspan="5">Committee on<br />Annual Report, &c.</td> - </tr> - <tr> - <td><span class="smcap">Joseph R. Chandler</span>,</td> - <td class="br"></td> - <td /> - </tr> - <tr> - <td><span class="smcap">Townsend Sharpless</span>,</td> - <td class="br"></td> - </tr> - <tr> - <td><span class="smcap">Charles C. Lathrop</span>,</td> - <td class="br"></td> - </tr> - <tr> - <td><span class="smcap">Alfred H. Love.</span></td> - <td class="bb br"></td> - </tr> -</table> - -<p><span class="smcap">Philadelphia</span>, <i>1st Mo. (Jan.) 15, 1863</i>. -<span class="pagenum" id="Page_34">34</span></p> - -<h3><span class="medium author"> -For the Prison Journal.</span><br /> - -MAGISTRACY.</h3> - -<h4>The Magistrate must have his reverence, the laws their authority.—<span class="smcap">Burke.</span></h4> - -<p>Moses, in reply to the question of his father-in-law, -“Why sittest thou thyself alone and all the people stand -by thee from morning unto even?” said, “Because the -people, when they have a matter, come unto me; and I -judge between one and another, and I do make them know -the statutes of God and his laws.” In him we have a -model magistrate. But finding the labor “too heavy” -for him, by the advice of Jethro, he confined his duties -in this respect to those of an appellant judge, to be for -the people “Godward,” to “bring the causes unto God,” -and to hear “every great matter,” and he did “provide -out of all the people, <i>able men, such as fear God, men of -truth, hating covetousness</i>, and placed such over them to be -rulers,” or minor magistrates, “and made them heads -over the people,” “and they judged the people at all -seasons; the hard cases they brought unto Moses, but -every small matter they judged themselves.” In this -record of the first institution of the office of the magistrate, -and the qualifications considered as requisite in the man -to fill the position, we have a lesson that it becomes us -diligently to consider at the present day. If there has -been degeneracy of the world since the days of Moses, -in no respect perhaps has it been more forcibly felt, than -in the mode of administering justice, (or as it would be -more properly termed <i>in</i>justice,) at the present day, by -the police or committing magistrates. The evils resulting -to the community, the cruelty done to the unfortunate -being who falls into their hands, by the system prevailing -and carried out by many of the magistrates, especially of -this city, have become so aggravated as to demand a -thorough reformation. “Moses chose <i>able</i> men,” whose -qualifications were known “out of all Israel.” Men who -<span class="pagenum" id="Page_35">35</span> -acted in the “fear of God,” and “who hated covetousness;” -or would not take “<i>fees</i>” or levy severe contributions -on their victims, or the victims of others’ wrongs, -or commit them to prison on false or trivial charges, to -exact the payment of “charges and costs.” He did not -leave the <i>election</i> of the magistrate to any body of the -people whom they were to judge, much less to the worst -or dissolute portion of them.</p> - -<p>The very word “magistrate,” (from <i>magister</i>, master,) -implying control, direction, suggests to the mind the idea -of equity, safety, and purity. It excites reverence and -a sense of exalted dignity, and imposes such a power -and responsibility as never should be exercised by a bad -or incompetent man.</p> - -<p>In countries where the magistrate is <i>appointed</i> by the -head or ruling power for his qualifications, and is <i>independent</i> -of the people over whom he presides, this feeling -or sentiment, as a general thing, has been justified. -The people living under the administration of such, lay -themselves down and sleep in peace, and arise and go to -their avocations, feeling that their rights, their property, -and their lives are secure, because the righteous magistrate -dwells in the land!</p> - -<p>Under our democratic ideas, that because “the people -are sovereign,” we must therefore permit them, in carrying -out these ideas, to exercise the power of electing all -of our officials from the highest to the lowest, we run -a great risk of placing the liberty and the welfare of the -citizen, in the hands of bad and immoral men. However -capable the people may be <i>as a whole</i> to judge of the -qualifications and fitness of any certain person for a -magistrate, <i>if they would as a whole exercise their sovereignty</i>, -no one, we presume, will claim that the portion of -the “sovereigns” who congregate in “grog-shops,” and -act under the inspiration of intoxicating beverages, in -procuring nominations, are properly exercising the sovereign -power, or that “the voice of <i>the people</i>,” thus expressed, -is “the voice of God.” That <i>some</i> good magistrates, -as we truly have, are elected under the present -system, but illustrates the truth <i>that it is possible</i> to elect -<span class="pagenum" id="Page_36">36</span> -the right kind of men to office, if the better class of -citizens will but exercise the privilege of the franchise, -which under our theory of government it is the <i>bounden -duty</i> of every good man to do.</p> - -<p>The evils arising from the magistracy, as at present -administered, are the results of two causes, which ought -to be removed:</p> - -<p>1st. The mode of selecting or making magistrates.</p> - -<p>2d. The mode of compensating them.</p> - -<p>From the nature and duties of their office, they should -be removed as far as possible from any dependence upon -the favour, the votes, or the fees of the people over whom -they judge or rule.</p> - -<p>Being a part of the ruling power, having delegated to -them the “mastery” over the people, they should receive -their authority or appointment from, and be dependent -upon, the supreme authority or head magistrate, or -“Master” of the City or State, and his constituted advisers, -the council or senate, and removable only for cause. -Being thus appointed by him who represents the sovereignty -of the people, and by his position and responsibility -to the people for his acts, we might reasonably -expect to find men appointed, capable of discharging the -duties, and worthy of the sacred trust of a magistrate. -Again, as to the second point, the magistrate should not -in any way be dependent upon, profited by, or have any -portion of the “<i>fees</i>” of his office, but should be appointed -for a certain precinct, ward, or district, and receive a -certain <i>fixed</i> compensation or salary from the public -treasury. All “fees” or charges, being the penalty for -breaking or infringing the laws, should be collected and -paid over to the public treasurer by the magistrate, leaving -him free to act uninfluenced by them, as the impartial -agent of the law, as between the ruling power or -sovereignty of the people and the accused, and enable -him to act as a peacemaker, or reconciler of difficulties. -Under the influence of the “fees” to be derived from -“committing” the person accused, is there not danger -that self-interest may sometimes induce the magistrate -to commit unnecessarily, or otherwise encourage bad -<span class="pagenum" id="Page_37">37</span> -feelings between the accuser and the accused, when a -more independent position might lead the magistrate to -secure a reconciliation and settlement of the difficulty?</p> - -<p>All persons thus appointed and acting, should have -power to act not only as committing magistrates of persons -after examination, to be tried by a higher court or -magistrate for heinous offences, but they should be authorized -and required to try all trivial or minor cases, -summarily, and to decide upon the same, and pronounce -sentence accordingly, without appeal except in specified -cases. A system similar to this prevails in other cities, -or did at least in New Orleans before the rebellion, where -Recorders or criminal magistrates acted or presided -over certain defined districts; justices of the peace acting -in civil cases only, one being entirely separated from -the other, and the same person not allowed to act in -both positions. The system was found to work to -advantage there, though the incumbents of the position, -contrary to what we deem wise, were elected by the -people. As adjuncts to such a system, a Work-house -for mature offenders and vagrants, and a House of -Industry (or Refuge) for juvenile ones, to which the -magistrate could sentence them, would be needed to relieve -our County Prison of the <i>surfeit</i> of cases now sent -there, and to relieve the public, by the fruits of their -labor, from their cost of maintenance; and so situated -as to lead as far as possible to their reformation, and to -the formation of habits of industry, regularity, and temperance. -Such institutions could, as elsewhere, be made -to pay a profit to the city, instead of as now maintaining -the victims of the magistrate at heavy cost, in idleness -and amidst evil associations. The workings of the -present system prevailing in our city, are forcibly presented -by the Reports of the Inspectors of the County -Prison, and those of the prison agent of the same,<a id="FNanchor_2" href="#Footnote_2" class="fnanchor">2</a> from -the latter of which we select only the following, which -are but a sample daily occurring:</p> - -<p>1. One of these cases is that of a young soldier committed [May -15th], on the charge of homicide. The Agent went to Washington, -<span class="pagenum" id="Page_38">38</span> -visited the camps, and saw that witnesses therefrom were brought -here. These were brought here under the charge of an officer, -specially detailed by the Court for the purpose, to prove an alibi in -his behalf. It was not, however, found necessary to present this evidence, -as another witness was found who testified to seeing the murder -committed by a different person. The prisoner, in consequence, was -at once acquitted.</p> - -<p>2. Another case was that of a United States marine, the victim of -a conspiracy, whose object was to have him arrested and imprisoned -as a deserter, in order to recover $30, which are usually allowed in -such cases by Government. The chief actors here—as it appeared—were -a sergeant and two tavern-keepers, who sued him before two -different aldermen for an indebtedness, amounting to $17 for board -and for money obtained—as they say—under false pretence, which -consisted in his promising to pay after receiving his wages from -Government. At the settlement the sergeant claimed $135 out of -$140.80; exacting one-fourth of the sum loaned for its use, and -leaving but $5.80 for the prisoner to cancel the $17 debt. This $135 -was paid to the sergeant for the use of $101.25 advanced to the -prisoner within 19 days subsequent to his being paid—all of which -he had spent. A ten days’ furlough was granted to him, and then he -was imprisoned, as above mentioned.</p> - -<p>In investigating the case, the Agent learned from the prosecutors, -that they intended to get paid by keeping him in prison till after his -furlough expired, and then getting the major to arrest him, as a deserter, -with a promise that he would see them paid out of money, -which the prisoner would eventually have to pay, after being put in -irons and confined, for three months, in the barracks—which is said -to be the customary punishment in such cases.</p> - -<p>3. Another case was that of a United States Army captain, who -was imprisoned on the charge of <i>enticing</i> soldiers out of a regiment -in one State into a regiment of another State. It appears that, from -patriotic motives, he had resigned the command of his company in -Virginia and went to New York to raise a regiment of which he was -to be major. While he was in Philadelphia the orderly-sergeant of -his former company sent him a letter, inquiring how he progressed in -forming his new regiment, and also informing him that, after pay-day, -many of his old command would quit their company.</p> - -<p>This portion of the letter came to the knowledge of one of our city -aldermen, who construed it, as enticing soldiers from one company -into another, and thereupon unjustly committed the captain to prison.</p> - -<p>On the Agent stating the truth of the case to the alderman, and -asking the prisoner’s immediate release, as his services were needed -in our country’s defence; the magistrate refused to discharge him, -unless he or his friends would pay the costs, and thus submit to the -illegal extortion of money, as also to the imputation of having violated -the laws. Whereupon the Agent, after consulting the United States -Court officers, applied to the Court of Quarter Sessions for a writ of -habeas corpus, had the case examined, and the prisoner was discharged -by the authority of Judge Thompson. -<span class="pagenum" id="Page_39">39</span></p> - -<p>4. Another extraordinary case was that of a woman charged with -kidnapping and robbery. The alleged kidnapping—as was proved in -Court—consisted in her taking possession of her own son, of 16 years -old, a runaway, found by her in Schuylkill County, and the robbery -in the taking of his clothes, which she had a right to take, as was -shown by her acquittal in Court, at her hearing upon a writ of habeas -corpus, procured by the Agent; when the fact of his being her son -was established, not only by herself, his mother, but by his brother, -of 19 years old, and by a respectable citizen and others, who had -known him from infancy.</p> - -<p>5. Another case, presenting, perhaps, still more striking features, -was that of a woman committed, on a bail-piece issued by one of our -city aldermen, November 20th, and discharged November 21st, by -bail being entered for her appearance at Court. The original charge -against her was for assault and battery on a neighbor woman.</p> - -<p>According to the prisoner’s account, she got into difficulty with -this neighbor about some children belonging to another party. They -struck each other, and then the prisoner was sued by the other woman -before an alderman, who granted a warrant gratis, as at the time she -had no money. The prisoner was required to give bail, or go to -prison. She then arranged with the alderman’s constable (at his -suggestion) to pay him $2 for being her bail, on her receiving money, -which she expected daily from her husband and son, who were in the -United States Army. She also agreed to pay the alderman $1.80. -On her receiving, soon after, a remittance from her son, she promptly -paid the amount agreed upon.</p> - -<p>She was then told, by the alderman and constable, that she must -now enter freehold bail for her appearance at Court. She replied, -that she thought that unnecessary, as she and her prosecutrix had -settled their quarrel, and were now as friendly and intimate as sisters, -visiting each other in their respective premises almost every hour in -the day. But, notwithstanding all this, and although, being a simple -case of assault and battery, it was fully within the magistrate’s power -to settle it, he would not do it, but insisted on having freehold -security.</p> - -<p>She then consulted a distinguished lawyer on the case, who addressed -a note to the alderman, requesting him to dismiss it. He -would not comply with the request, but persisted in exacting freehold -bail.</p> - -<p>The alderman’s constable then proposed getting his brother-in-law -for her bail, on condition that she would pay him $5 for the service. -Becoming frightened, as she had three small children, with no one -but herself to care for them, her husband and son being in the army, -she assented to his terms and paid him the money—which (be it -noted) was in addition to the $3.80 previously paid to the alderman -and constable.</p> - -<p>She was then allowed to depart for a few days, at the end of which -the constable visited her, early one morning, and told her the bail -was about to give her up unless she would pay some more money. -She gave him all she had, a half-dollar, which she at the time actually -<span class="pagenum" id="Page_40">40</span> -needed to get food for her children. He took it, but said it was -not enough, and he must, therefore, have her husband’s coat, which -was hanging within view. She gave him this, and he then further -insisted on having some breakfast, which she also gave him.</p> - -<p>He left, but not long after returned, and declared she must go to -prison, as her bail would incur no further risk unless he received more -money. She replied that she had no more money to give; but, instead -of this, she gave him her husband’s pantaloons and drawers, -which he took, and thereupon insisted on having her husband’s razor -and shaving apparatus, which she gave him. He concluded his call -by demanding his dinner, which she also gave him, and he went -away.</p> - -<p>A few days subsequently, his brother-in-law (the bail) called, and -told her he was going to surrender her to be sent to prison, unless -she either gave him more money, or complied with certain infamous -proposals of his. The latter she promptly refused, with the remark -that she would not dishonor her husband and son, who were then -enrolled for the defence of their country.</p> - -<p>He then left, and went to the alderman and had her sent to prison, -cruelly separating her from her sucking infant, who was left at home -with her other two young children, and no one else.</p> - -<p>The Agent, on learning these atrocious facts, at once saw that the -prisoner was released on bail, and permitted to return home to her -family.</p> - -<p>6. Another case was that of a woman, the mother of a large family -of little children, who was committed by one of our aldermen on the -vague charge of misdemeanor. Her husband is a soldier in the -United States Army. It seems that her landlord wished to remove -her from the house she tenanted in a summary manner, and he appears -to have formed a conspiracy with the prosecutor for this object. -She refused to leave till she got a remittance from her husband. A -quarrel ensued, and the prosecutor struck and beat her most shamefully. -A proof of this was that her person, when she entered the -prison, was black and blue with bruises. After the prosecutor had -done this, he went to the alderman and sued her on the charge above -named. This he did to secure himself from being prosecuted by her -for assault and battery.</p> - -<p>Let the community arise! Let our City Councils and -our State Legislature act, and perfect such legislation -as will remedy this crying evil, and rid our beautiful -city, so distinguished for progress in arts, science, and -benevolent institutions, of this polluted sore.</p> - -<p class="author"> -C. C. L. -<span class="pagenum" id="Page_41">41</span></p> - -<p class="author small">For the Prison Journal.</p> - -<h3>IMPRISONMENT.</h3> - -<p>So far as we are acquainted with the actual condition -of the various countries of the civilized world, we are -compelled to the painful and humiliating conviction, that -there are individuals amongst their inhabitants who are -prone to, and actually will interfere with, and depredate -upon the rights of others, unless they are subjected to -moral or physical restraint. This fact has made it necessary -that measures should be adopted to protect the -general mass of society against the wrong-doing of these -evil-disposed persons. It must be evident to all, that in -originating and maturing these measures, or in framing -and perfecting laws for this purpose, an intimate acquaintance -with human nature, and a high order of wisdom, -are essential pre-requisites to fit those upon whom -the duty should devolve, to enter upon the highly important -work. The instinct of self-protection would -naturally, and even properly suggest, that the first object -should be to secure the community against a repetition -of the wrong-doing, by placing the individual who has -committed a serious offence under such physical restraint -as to make it impossible for him for a time to -continue his evil course. This object may be secured -by a close confinement of the culprit in a prison or penitentiary. -But if we rest satisfied with having accomplished -this, we are taking a very narrow view of a very -broad subject. This same instinct, if its promptings are -intelligently pursued, will convince us that the punitive -character of this restraint or imprisonment should be -such as to operate upon the fears of the evil-disposed -who are at large, and thus deter them from yielding to -temptations which may prompt them to commit offences -against society or individuals. And, also, as this imprisonment -cannot be permanent, the individual incarcerated -should, through this source, as well as others, -be made to feel that “the way of the transgressor is -<span class="pagenum" id="Page_42">42</span> -hard;” and from this experience (in the absence of any -higher motive) be induced to so conduct himself, after -his liberation, as not to render himself liable to be subjected -to a repetition of these “pains and penalties.” -At the same time, however, that the imprisonment and -discipline provided, should embrace such elements as -would subject the convict to a full sense of punishment, -they should be carefully guarded from partaking of the -character of vindictiveness or revenge. If this care is -not exercised, the higher and more enlarged action of -Christian philanthropy and duty, which should immediately -follow that referred to as being prompted by the -instinct of self-protection, which is, the temporal and -eternal good of the offender, by his reformation, will be -entirely defeated.</p> - -<p>We are aware that in some countries, in framing their -penal laws and discipline, the only object appears to be -to prevent the continued perpetration of offences by the -imprisonment of those convicted as offenders, and by the -severity of their punishment to deter them from a repetition -of their crimes after their discharge; the example -of which punishment, it is desired, shall also operate to -restrain others from entering upon and pursuing an -equally criminal course. This object is effected, at the -smallest possible cost to the community, by constructing -their prison buildings, almost exclusively, with reference -to the safe-keeping of the prisoners, making no arrangements -for their separation, but congregating them together -in large masses, with very little, if any, regard to -difference in age or degrees of criminality. The consequence -is, that instead of the prisoners being reformed -or made better, by the discipline to which they are subjected, -they are almost inevitably made worse; and many -times, those who were committed on a charge of pocket-picking -or some other minor offence, are fitted for burglars -or the commission of the highest class of crimes on -their discharge.</p> - -<p>A valuable member of our Prison Society who has recently -spent several years abroad, during which time he -became very familiar with the penal system and the arrangement -<span class="pagenum" id="Page_43">43</span> -and manner of conducting the prisons of one -of the countries of Continental Europe, having frequently -visited and personally inspected the prisons, speaks of -it as being generally admitted amongst the people there, -that reformation was no part of their plan, and was -never expected to result from the imprisonment of -criminals. We are happy, however, in the belief, that -this system is now viewed by nearly all countries as -being a relic of the barbarism of the dark ages, which, -besides partaking of the character of cruelty, evidences -great short-sightedness and want of wisdom, if we consider -how its results affect the best interests of the community. -Instead of being a school of reform, through -whose influence the number of those from whom outrages -might be apprehended would be lessened, if it -does not actually increase them, it at least makes life-long -criminals of the most hardened character, of a large -proportion of those subjected to its discipline, who, at -the time of their first commitment, were by no means -steeped in wickedness; many of them when quite young, -having, in an unguarded moment, yielded to strong -temptation to commit some minor offence, of which -having been convicted, they have been thrust amongst -the most abandoned outcasts of society, and soon lost -to all hope of restoration, when by a really humane and -Christian course of treatment they might have been -led back from the by-paths into which they had, without -due consideration, stepped, and have been brought -to experience the happiness of a virtuous life, and to -be a blessing instead of a curse to society.</p> - -<p>We believe that all reflecting men must be convinced -that the <i>reformation</i> of criminals, besides being a question -of <i>expediency</i>, in which the community has a deep stake -on the score of self-protection, is one, the promotion of -which, so far as is in our power, is of the highest Christian -obligation, in reference to both the temporal and -eternal good of those who, having by their criminal conduct, -forfeited the liberty enjoyed by the common mass -of their fellow men, have, for the security of society, -been committed to prison. In most Christian countries -<span class="pagenum" id="Page_44">44</span> -<i>reformation</i>, on the ground of <i>expediency</i> at least, and we -trust, under some sense of Christian duty, is now acknowledged -to be properly <i>one</i> of the elements of their -penal systems; and, consequently, some provisions, -either theoretical or practical, are adopted for the promotion -of this object. It is much to be regretted, however, -that most of the existing prison systems are such -as greatly to interfere with, and many of them almost -wholly to defeat the accomplishment of this vitally important -purpose. This state of things exists to a great -extent, not only in Europe, but throughout most of the -Commonwealths of the United States.</p> - -<p>The systems are generally “<i>congregate</i>,” either with -little, if any, restraint from free social intercourse between -the inmates, whatever may be their different degrees -of depravity, or with the imposition of silence -while together, and separation at night and at their -meals only. The former of these, in our judgment, wholly -excludes reformatory influences, unless it be through -the immediate operation of Divine grace and mercy, -which, we freely admit, can overrule obstacles however -great; but this fact will not excuse us from doing our -best to facilitate this operation. At the same time, also, -that it excludes reformation, its attendant circumstances -rapidly school the young offender in the ways of depravity -and crime, and harden the more practiced in -wickedness, and prepare them for the commission of still -darker deeds than any they had previously been guilty -of. Whilst the latter system, where <i>silence</i> is imposed, -though certainly a step in advance of the former, as it -cannot so extensively <i>propagate</i> criminality, yet from -the fact that the prisoners cannot be approached separately, -and that this system of silence and non-intercourse -amongst them, under the strong temptation to -the indulgence of their social propensities when placed -in the presence of each other, is only maintained by -harsh and severe discipline; reformatory agencies can -hardly be brought to bear upon them, and efforts in this -direction, very rarely, indeed, produce the desired -effect. -<span class="pagenum" id="Page_45">45</span></p> - -<p>It seems to us that what is generally known as the -“Pennsylvania System,” which is that of entire cellular -separation of the prisoners, by which they are precluded -from either seeing each other, or holding any kind of -intercourse by word or sign, is far in advance of any -other system of imprisonment yet introduced. We do -not propose at this time to go into a general explanation -of its peculiar features, but may merely advert to a few -prominent points in support of this position.</p> - -<p>First, as regards the effectual restraint of those found -guilty of crime from continuing their outrages upon the -community; its security against escape, is fully equal -to, if not greater, than that under any other existing -prison system, and its punitive character, though really -humane and mild, is looked upon with much dread by -the evil-disposed, on account of their being subjected to -separation from their fellow convicts, and therefore it is -potent in deterring from a criminal course.</p> - -<p>These primary objects of imprisonment being thus -effectually secured, we are next to consider what are its -effects, evil or good, upon the moral condition of those -subjected to its discipline. And here the results of our -inquiries are pre-eminently satisfactory. From the -thorough isolation maintained, we think it must be evident, -that no prison under it can ever become a moral -pest-house, where the depravity and wickedness of one -prisoner may be communicated to another, or, as it were, -prove contagious, and thus spread moral corruption -around him. As neither the words, countenance, nor -gestures of one can be heard or seen by another, it is -clear, that those committed are not subjected to such influences -whilst in confinement, as will make them morally -worse on leaving, than when they entered.</p> - -<p>Having thus demonstrated, as we trust, that our system, -without doing a moral wrong to the offender, -thoroughly effects the purpose for which society claims -the <i>right</i> to imprison—that of self-protection, by placing -him under secure restraint—we have next to consider -what is its adaptation to the higher and less selfish purpose, -which immediately follows as a Christian obligation, -<span class="pagenum" id="Page_46">46</span> -that of promoting his reformation. In the first -place, then, as there is nothing in the working of the -system which calls for harshness of treatment; it is administered -on principles of kindness, and consequently, -instead of the prisoners being hardened, and their vindictive -and other evil passions being called into action, -they are softened, and the better feelings of their nature -(which with many had so long slept, that the degraded -beings were hardly aware that they possessed them) are -awakened. Under these favorable circumstances, those -who are desirous of communicating moral or religious instruction -can visit each prisoner in private in his separate -cell, and when the service is accomplished, leave him to -his reflections, without being disturbed by the presence, -or deterred from a serious consideration of his condition -by the scoffs of depraved companions.</p> - -<p>The purpose of this essay has not been to suggest the -details of any particular system of imprisonment, but to -call attention to the general principles which should -control the subject. And especially have we desired to -impress upon the reader the vital truth, that if we would -hope to reform the prisoner, we must treat him with -comparative kindness. We must do nothing, which either -is or seems to be, by way of revenge or retaliation. -Under the present dispensation we must not exact “an -eye for an eye, and a tooth for a tooth.” If we do this, -the prisoner feels that he is persecuted, and that as -society is doing its worst by him now, he will repay it -upon his discharge. In effect, that as every man’s hand -is against him, his hand shall be against every man.</p> - -<p class="author"> -E. H. B. -<span class="pagenum" id="Page_47">47</span></p> - -<p>The following are the introductory remarks of a writer in -the “North British Review” for February, 1863, to “Observations -on the Treatment of Convicts in Ireland” and the -Subject of Transportation, to wit:—</p> - -<p>The public mind of England awakes periodically, and with -a start, to a sense of the danger it incurs by the presence of a -large criminal population in the very heart of the community, -which is dealt with on no rational or consistent system, watched -by no adequate police, and disposed of in no conclusive manner. -We rave against the evil, we abuse our rulers, we insist -upon a remedy being found, we listen eagerly to every quack -and every philosopher, we discuss the subject passionately, -illogically, and superficially; and we end by adopting some -fresh plan which touches only a small fragment of the mischief, -and darns only a small rent in the tattered garment, and -which is usually some ill-digested and unworkable compromise -between old habits and new fancies. We then grow sick of -the subject, ashamed of our panic, and stupidly satisfied with -our mild aperient and our emollient plaster, and go quietly -to sleep again for another term of five or seven years. Meanwhile, -however, there are two classes of men who never sleep: -the criminals, who are always at work to invent new modes of -preying on society and new dodges for evading justice; and -the officials, who are always, after the fashion of their kind, -and by a sort of ineradicable instinct, wriggling back into the -old channels, and falling away into their normal inertness. -There was such an awakening as we have described in 1853; -there was another in 1857; there is another now. Let us see -whether this last cannot be made to yield some better and -more lasting fruit than its predecessors.</p> - -<p>That the evil is a very great one no one can doubt. It -amounts to a positive insecurity of life and property which is -disgraceful in the richest, most civilized, most complicated -society on earth. At this moment, the number living by -depredation and outrage, and known to belong to the criminal -class, is estimated to reach in the United Kingdom to 130,000. -In this year, 1863, a considerable portion of the respectable -inhabitants of London are reduced to carry concealed weapons -for their own defence; and this from no groundless apprehensions, -but because they <i>may</i> any day be called upon to use -them, and often <i>are</i>. We annually commit to, and liberate -<span class="pagenum" id="Page_48">48</span> -from, our county jails in England and Wales, at least 130,000 -offenders, a very large proportion, if not the majority, of whom -are habitual pilferers, burglars, or in other ways violators of -the law, and recognized preyers upon the industrious and -peaceful part of the community. Besides these, we turn loose -every year, at the expiration of their sentence of penal servitude, -or shortly before its expiration, 3000 convicts, nearly all -of whom are professional, finished, hardened offenders, and all -of whom, with scarcely any exceptions worth naming, have -been confined for crimes in which ruffianism and dishonesty -were combined. Of these 3000, at least 2500 on an average -are liberated in this country, and almost invariably go back to -their evil courses, more vicious, more skillful, more irreclaimable -than ever. Many of them have been convicted several -times, never dream of adopting an honest mode of life, and -could not do so if they wished. In a word, we have among -us an army—very active, very well trained, tolerably organized, -very resolute, and in part very desperate—of internecine enemies -and spoliators, as numerous as the troops of most European -kingdoms, and more numerous than the military and police -forces in our own country combined. This is the evil we have -to deal with. It is an evil, in some degree and in some form, -incidental to every large and populous community; but the -form and degree depend entirely on our own management. -We may reduce it to the minimum which human temptation -to wrong and the imperfection of human powers of repression -must always leave, a minimum which would be seldom heard -of and little felt, and which should be always tending to decrease. -Or we may suffer it, as we are in a fair way to do -now, to augment and intensify year by year till it reaches the -maximum compatible with a comfortable existence and a secure -civilization. Now what we affirm is, that, for the height to -which it has reached at the present moment, we have only -ourselves to thank. For a long time back, in spite of ceaseless -warning, and ignoring all the lessons of experience, physiology, -and common sense, we have done little to repress crime -and much to encourage it. Our plans of dealing with it have -been based upon no clear understanding and no settled principle; -the changes we have introduced from time to time, have -been either inconsistent <i>nibblings</i> or mutually destructive -fluctuations; we have neither aimed at felling the tree, nor at -cutting off the nourishment from its roots; we have simply -pruned the branches, and contented ourselves with wondering -that it should flourish still. We believe that all this is remediable -still, though the mischief has assumed such vast dimensions; -but that which is imperatively needed before we can -<span class="pagenum" id="Page_49">49</span> -hope to remedy it is, that we should boldly face all patent -facts; that we should courageously accept all undeniable conclusions -from those facts; that we should at once and for ever -place sentiment under the control and supremacy of sense; -that no inconvenience should drive us to do injustice to others; -and that no expense should make us shrink from doing justice -to ourselves.</p> - -<p>Criminals, the moment we look at them closely and analytically, -divide themselves into two distinct categories—the -casual and the habitual. Many of the more trifling, and some -of the most heinous offenders, belong to the former class. -Temptation there will always be; and this will be liable to increase -with the progress and complexity of civilization, as long -as some are poor and some are rich, and as long as the appliances -of wealth are spread out in the sight of the struggling -and needy. Defective moral natures there will always be—natures -weak to resist and prone to fall; but these, it is to be -hoped, will diminish as comfort and instruction penetrate -among the masses. Passions will always exist among all ranks, -and passions will occasionally burst through the restraints of -morality and law. Boys will thieve who are no worse than -idle, neglected, and ill-trained. Poor men, who are habitually -respectable, will steal under circumstances of sudden and desperate -necessity. Clerks will occasionally forge or rob to -avert exposure, to meet debt, or to purchase vicious pleasures. -Any man, in any rank, of violent or malignant temper and ill-disciplined -mind, may, in a moment of provocation or of fury, -be guilty of manslaughter; or, if he be thoroughly bad and -licentious, may outrage a defenceless woman, or murder one -whom he hates, or whose possession he desires. Crimes and -criminals of this sort, however, are not those that embarrass -our police, and perplex our rulers and philosophers; they do -not constitute the social problem we have to solve. They are -the casual outbreaks of human vice and passion, incidental to -all stages and forms of civilization, and incurable by any. But -besides and independent of these cases, we have among us a -large population, numbered by thousands and tens of thousands, -who <i>live by</i> outrage and depredation; to whom crime is -an employment and <i>profession</i>; who are brought up to it; -who have no other teaching, no other vocation, no other resource; -to whom the respectable and industrious portion of -society is the oyster they have to open; who prey upon the -community, and sometimes hate it also. They are simply the -enemies of society; and the protection of society against them -constitutes precisely the difficulty which at this moment our -<span class="pagenum" id="Page_50">50</span> -thinkers have to master, and the duty which our rulers have -to discharge.</p> - -<p>Now we do not say that the obstacles and embarrassments -with which the solution of the problem is surrounded are not -actually great, because they are. But the problem itself is -neither difficult nor obscure, as soon as we take pains to place -before ourselves distinctly its precise nature and conditions. -The thing to be done is simple enough; the impediments in -the way of doing it are nearly all of our own creation, arising -partly out of ignorance or thoughtlessness, and partly out of -willfulness; partly because we have not fully understood what -we had to do, and partly because we have been unwilling to -accept the consequences and incur the annoyance and expense -of doing it. Divested of all complications, our task is to <i>defend -ourselves</i> against the criminal population,—the professional -criminals; to guard society against their outrages and depredations -in the most prompt, effectual, and enduring fashion we -can devise. That is all: we have <small>NOT</small> to <i>punish</i> them; and -we shall only confuse our minds and perplex our action if we -try to do so. It is the almost universal neglect of this vital -distinction, more than any other error, which has led us into -such grotesque and inconceivable blunders. <i>Individuals</i> may -regard these offenders in any light which harmonizes with their -several idiosyncracies. Some may look at them as objects of -vengeance; some as objects of compassion; some as subjects -of conversion; some as patients to be cured; some as unfortunate -lunatics to be carefully and comfortably confined; -and there may be much truth in all these different views, and -they may be allowed to influence some of the <i>details</i> of the -practical treatment of criminals in prison and on their discharge -from prison. But <i>the State</i>, as we said, has only got -to protect the community against them—to regard them as -domestic foes, against whom self-defence is legitimate and necessary. -The reason why it should not seek to <i>punish</i> them, -in the strict and proper meaning of that word, is, that it has -not the knowledge requisite for the just discharge of that -function. It cannot possibly apportion the penalty it inflicts -to the <i>guilt</i> of the offender, which apportionment constitutes -the very essence of <i>punishment</i>. Neither the wisest judge, nor -the most patient and enlightened jury, nor the most omniscient -police officer, can do more than form a plausible conjecture as -to the <i>moral criminality</i> of any convict; since this, it is obvious, -must depend on the organization which he inherited, on the -antecedents which have surrounded him from the cradle, on -the degree of instruction he has received, on the special nature -and <i>adaptation</i> of the temptation, on a multitude of circumstances -<span class="pagenum" id="Page_51">51</span> -which we neither can know, nor could estimate if we -did. The State, too, is just as incompetent to estimate the -severity of the infliction as the guilt of the offence. How is -the legislator who awards, or the judge who pronounces, to -ascertain the weight and bearing of any given sentence upon -any individual culprit? The same penalty which to one man -would be almost too lenient for a theft, may, to a differently -organized and differently trained offender, be too severe almost -for a murder. The educated convict, whose ungoverned -passion led him to a heinous but a single crime, would be -driven mad by the association and the <i>entourage</i> which the -habitual and hardened ruffian would find congenial and even -pleasant. Punishment which <i>retributes</i>, like vengeance which -<i>repays</i>, can, by its very term, belong only to that higher intelligence -which can estimate aright both the debt to be repaid, -and the intrinsic value of the coin in which repayment -is awarded.</p> - -<p>The thing to be done, then, being ascertained, the next -point for consideration is how to do it. Now, society may -protect itself against habitual criminals in three ways, separately -or in combination. It may deal with him so as to <i>deter</i> -him, to <i>reform</i> him, or to <i>get rid</i> of him. It may so arrange -and contrive its penalties as to frighten him from bad courses, -or to incapacitate him from recurring to them, or to persuade -him to amend them. And, putting out of view the very few -whom it will or can hang, it has to effect these objects by such -secondary punishments as lie within its reach, as the public -purse will pay for, and public conscience and feeling will allow -the State to inflict. -<span class="pagenum" id="Page_52">52</span></p> - -<table class="members"> -<caption>MEMBERS.</caption> -<tr> -<td> -Ashhurst, Lewis R.<br /> -Armstrong, William<br /> -Anderson, V. William<br /> -Atmore, Frederick B.<br /> -<br /> -Brown, John A.<br /> -Brown, Frederick<br /> -Brown, Moses<br /> -Brown, Thomas Wistar<br /> -Brown, Abraham C.<br /> -Brown, N. B.<br /> -Brown, David S.<br /> -Brown, Joseph D.<br /> -Brown, Benneville D.<br /> -Brown, Mary D.<br /> -Bell, John M. D.<br /> -Biddle, William<br /> -Biddle, John<br /> -Barton, Isaac<br /> -Burgin, George H., M. D.<br /> -Bohlen, John<br /> -Binney, Horace, Jr.<br /> -Bayard, James<br /> -Beesley, T. E., M. D.<br /> -Beesley, B. Wistar<br /> -Bowen, William E.<br /> -Bettle, Samuel<br /> -Bettle, William<br /> -Baldwin, Matthias W.<br /> -Barcroft, Stacy B.<br /> -Bailey, Joshua L.<br /> -Baily, Joel J.<br /> -Burr, William H.<br /> -Boardman, H. A.<br /> -Bunting, Jacob T.<br /> -Bacon, Richard W.<br /> -Bacon, Josiah<br /> -Brock, Jonathan<br /> -Barclay, Andrew C.<br /> -Brooke, Stephen H.<br /> -Baines, Edward<br /> -Budd, Thomas A.<br /> -Bispham, Samuel<br /> -Broadbent, S.<br /> -Brant, Josiah<br /> -Beaux, John Adolph<br /> -<br /> -Corse, J. M., M. D.<br /> -Cope, Alfred<br /> -Cope, M. C.<br /> -Cope, Henry<br /> -Cope, Francis R.<br /> -Cope, Thomas P.<br /> -Colwell, Stephen<br /> -Caldwell, James E.<br /> -Caldwell, William Warner<br /> -Cresson, John C.<br /> -Claghorn, John W.<br /> -Chandler, Joseph R.<br /> -Carter, John<br /> -Carter, John E.<br /> -Campbell, James R.<br /> -Comegys, B. B.<br /> -Childs, George W.<br /> -Child, H. T., M. D.<br /> -Chance, Jeremiah C.<br /> -Coates, Benjamin<br /> -Chamberlain, Lloyd<br /> -Conrad, James M.<br /> -Cooke, Jay<br /> -Collier, Daniel L.<br /> -Comly, Franklin A.<br /> -<br /> -Demmé, Charles R.<br /> -Ducachet, Henry W.<br /> -Dawson, Mordecai L.<br /> -Dorsey, William<br /> -Dutilh, E. G.<br /> -Ditzler, William U.<br /> -Dreer, Ferdinand J.<br /> -Dickinson, Mahlon H.<br /> -Davis, R. C.<br /> -Derbyshire, Alexander J.<br /> -Derbyshire, John<br /> -Dennis, William H.<br /> -Duane, William<br /> -<br /> -Earp, Thomas<br /> -Evans, Charles, M. D.<br /> -Evans, William, Jr.<br /> -Evans, Robert E.<br /> -Evans, J. Wistar<br /> -Erringer, J. L.<br /> -Edwards, William L.<br /> -Elkinton, Joseph<br /> -Elkinton, George M.<br /> -Ellison, John B.<br /> -Emlen, Samuel<br /> -Eyre, Edward E.<br /> -Eyre, William<br /> -Erety, George<br /> -<br /> -Farnum, John<br /> -Fraley, Frederick<br /> -Fullerton, Alex.<br /> -Farr, John C.<br /> -Frazier, John F.<br /> -Ford, William<br /> -<span class="pagenum" id="Page_53">53</span> -Ford, John M.<br /> -Furness, William H.<br /> -Field, Charles J.<br /> -Fox, Henry C.<br /> -Franciscus, Albert H.<br /> -Funk, Charles W.<br /> -<br /> -Garrett, Thomas C.<br /> -Griffin, E., M. D.<br /> -Greeves, James R.<br /> -Gilpin, John F.<br /> -Grigg, John<br /> -Gummere, Charles J.<br /> -Gardiner, Richard, M. D.<br /> -<br /> -Hunt, Uriah<br /> -Hockley, John<br /> -Holloway, John S.<br /> -Husband, Thomas J.<br /> -Hughes, Joseph B.<br /> -Homer, Henry<br /> -Homer, Benjamin<br /> -Hancock, Samuel P.<br /> -Hand, James C.<br /> -Hazeltine, John<br /> -Hastings, Matthew<br /> -Huston, Samuel<br /> -Hacker, Morris<br /> -Hacker, William<br /> -Hunt, William, M. D.<br /> -Hurley, Aaron A.<br /> -Harbert, Charles<br /> -<br /> -Ingersoll, Joseph R.<br /> -Ingram, William<br /> -Iungerich, Lewis<br /> -<br /> -Jackson, Charles C.<br /> -Janney, Benjamin S., Jr.<br /> -Jeanes, Joshua T.<br /> -Jenks, William P.<br /> -Jones, Isaac C.<br /> -Jones, Jacob P.<br /> -Jones, Isaac T.<br /> -Jones, William D.<br /> -Jones, Justus P.<br /> -Jones, William Pennel<br /> -Johnson, Israel H.<br /> -Johnson, Ellwood<br /> -Johnston, Robert S.<br /> -Justice, Philip S.<br /> -<br /> -Kaighn, James E.<br /> -Kane, Thomas L.<br /> -Kelly, William D.<br /> -Kelly, Henry H.<br /> -Ketcham, John<br /> -Kiderlen, William L. J.<br /> -Kimber, Thomas<br /> -Kingsbury, Charles A., M. D.<br /> -Kinsey, William<br /> -Kirkpatrick, James A.<br /> -</td> -<td> -Kintzing, William F.<br /> -Kitchen, James, M. D.<br /> -Kneedler, J. S.<br /> -Knight, Edward C.<br /> -Knorr, G. Frederick<br /> -Klapp, Joseph, M. D.<br /> -<br /> -Laing, Henry M.<br /> -Lambert, John<br /> -Landell, Washington J.<br /> -Lathrop, Charles C.<br /> -Latimer, Thomas<br /> -Leeds, Josiah W.<br /> -Lewis, Henry, Jr.<br /> -Lewis, Edward<br /> -Lippincott, John<br /> -Lippincott, Joshua<br /> -Longstreth, J. Cooke<br /> -Lovering, Joseph S.<br /> -Lovering, Joseph S., Jr.<br /> -Ludwig, William C.<br /> -Lynch, William<br /> -Lytle, John J.<br /> -<br /> -McCall, Peter<br /> -Meredith, William M.<br /> -Milliken, George<br /> -Myers, John B.<br /> -Morris, Isaac P.<br /> -Massey, Robert V.<br /> -Maris, John M.<br /> -Morris, Charles M.<br /> -Morris, Wistar<br /> -Morris, Caspar, M. D.<br /> -Morris, Anthony P.<br /> -Morris, Elliston P.<br /> -Montgomery, Richard R.<br /> -Mercer, Singleton A.<br /> -Mullen, William J.<br /> -Megarge, Charles<br /> -Martin, William<br /> -Martin, Abraham<br /> -McAllister, John, Jr.<br /> -McAllister, John A.<br /> -McAllister, William Y.<br /> -Macadam, William R.<br /> -McAllister, F. H.<br /> -Marsh, Benjamin V.<br /> -Morton, Samuel C.<br /> -Merrill, William O. B.<br /> -Morrell, R. B.<br /> -Mellor, Thomas<br /> -Mitcheson, M. J.<br /> -<span class="pagenum" id="Page_54">54</span> -<br /> -Norris, Samuel<br /> -Neall, Daniel<br /> -Needles, William N.<br /> -Nesmith, Alfred<br /> -Nicholson, William<br /> -Neuman, L. C.<br /> -<br /> -Ormsby, Henry<br /> -Orne, Benjamin<br /> -<br /> -Purves, William<br /> -Parrish, William D.<br /> -Parrish, Joseph, M. D.<br /> -Poulson, Charles A.<br /> -Perot, William S.<br /> -Perot, Francis<br /> -Perot, Charles P.<br /> -Perot, T. Morris<br /> -Patterson, Joseph<br /> -Patterson, Morris<br /> -Patterson, William C.<br /> -Potter, Alonzo, D.D.<br /> -Price, Eli K.<br /> -Price, Richard<br /> -Pearsall, Robert<br /> -Pitfield, Benjamin H.<br /> -Peters, James<br /> -Peterson, Lawrence<br /> -Potts, Joseph<br /> -Parry, Samuel<br /> -Palmer, Charles<br /> -Perkins, Henry<br /> -<br /> -Quinn, John A.<br /> -<br /> -Richardson, Richard<br /> -Richardson, William H.<br /> -Robins, Thomas<br /> -Robins, John, Jr.<br /> -Ritter, Abraham, Jr.<br /> -Rasin, Warner M.<br /> -Read, W. H. J.<br /> -Robb, Charles<br /> -Rehn, William L.<br /> -Rutter, Clement S.<br /> -Ruth, John<br /> -Roberts, Algernon S.<br /> -Ridgway, Thomas<br /> -Robinson, Thomas A.<br /> -Randolph, Philip P.<br /> -Rowland, A. G.<br /> -Richards, George K.<br /> -<br /> -Smedley, Nathan<br /> -Shippen, William, M. D.<br /> -Scull, David<br /> -Schaffer, William L.<br /> -Scattergood, Joseph<br /> -Shannon, Ellwood<br /> -Sharpless, William P.<br /> -Simons, George W.<br /> -Smith, Nathan<br /> -Stokes, Shmuel E.<br /> -Shoemaker, Benjamin H.<br /> -Speakman, Thomas H.<br /> -Starr, F. Ratchford<br /> -Saunders, McPherson<br /> -Stokes, Edward D.<br /> -Sloan, Samuel<br /> -Smith, Joseph P.<br /> -Stone, James N.<br /> -Simes, Samuel<br /> -Stuart, George H.<br /> -Stewart, William S.<br /> -Stevens, Edwin P.<br /> -<br /> -Townsend, Edward<br /> -Taylor, Franklin<br /> -Taylor, John D.<br /> -Taylor, George W.<br /> -Trewendt, Theodore<br /> -Tredick, B. T.<br /> -Thomas, John<br /> -Taber, George<br /> -Troutman, George M.<br /> -Thornley, Joseph H.<br /> -Thissel, H. N.<br /> -<br /> -Van Pelt, Peter<br /> -Vaux, George<br /> -<br /> -Wharton, Thomas F.<br /> -Wood, Horatio C.<br /> -Wood, Richard, Jr.<br /> -Welsh, William<br /> -Welsh, Samuel<br /> -Welsh, John<br /> -Wetherill, John M.<br /> -Williamson, Passmore<br /> -White, John J.<br /> -Wainwright, William<br /> -Wright, Samuel<br /> -Wright, Isaac<br /> -Willets, Jeremiah<br /> -Wiegand, John<br /> -Wilstach, William P.<br /> -Williamson, Peter<br /> -Warner, Redwood F.<br /> -Walton, Coates<br /> -Williams, Jacob T.<br /> -Wilson, Ellwood, M. D.<br /> -Woodward, Charles W.<br /> -Whilldin, Alexander<br /> -<br /> -Zell, T. Ellwood</td> -</tr> -</table> - -<p><span class="pagenum" id="Page_55">55</span></p> - -<table class="members"> -<caption>LIFE MEMBERS.<br /> -<span class="copy">ON PAYMENT OF TWENTY DOLLARS AND UPWARDS.</span></caption> -<tr> -<td> -Barclay, James J.<br /> -Bache, Franklin, M. D.<br /> -Bonsall, Edward H.<br /> -Besson, Charles A.<br /> -<br /> -Cope, Caleb<br /> -<br /> -Ellis, Charles<br /> -<br /> -Fotteral, Stephen G.<br /> -Foulke, William P.<br /> -<br /> -Hacker, Jeremiah<br /> -Horton, John<br /> -Hollingsworth, Thomas G.<br /> -<br /> -Knight, Reeve L.<br /> -<br /> -Learning, J. Fisher<br /> -Love, Alfred H.<br /> -Longstreth, William W.<br /> -<br /> -Marshall, Richard M.<br /> -</td> -<td> -Ogden, John M.<br /> -<br /> -Perot, Joseph<br /> -Perkins, Samuel H.<br /> -Parrish, Dillwyn<br /> -Powers, Thomas H.<br /> -Potter, Thomas<br /> -<br /> -Sharpless, Townsend<br /> -Sharpless, Charles L.<br /> -Sharpless, Samuel J.<br /> -Steedman, Miss Rosa<br /> -<br /> -Turnpenny, Joseph C.<br /> -Townsend, Samuel<br /> -<br /> -Whelen, E. S.<br /> -Willits, A. A.<br /> -Weightman, William<br /> -Wilhams, Henry J.<br /> -Wain, S. Morris<br /> -<br /> -Yarnall, Charles<br /> -Yarnall, Benjamin H.<br /> -<span class="pagenum" id="Page_56">56</span></td> -</tr> -</table> - -<p><span class="pagenum" id="Page_57">57</span></p> - -<h3>ARTICLE IV.</h3> - -<p>The Treasurer shall keep the moneys and securities, and pay -all orders of the Society or of the Acting Committee, signed -by the presiding officer and Secretary; and shall present a -statement of the condition of the finances of the Society at -each stated meeting thereof.</p> - -<p>All bequests, donations, and life subscriptions, shall be safely -invested; only the income thereof to be applied to the current -expenses of the Society.</p> - -<h3>ARTICLE V.</h3> - -<p>The Acting Committee shall consist of the officers of the -Society, ex-officio, and fifty other members. They shall visit -the prison at least twice a month, inquire into the circumstances -of the prisoners, and report such abuses as they shall discover, -to the proper officers appointed to remedy them. They shall -examine the influence of confinement on the morals of the -prisoners. They shall keep regular minutes of their proceedings, -which shall be submitted at every stated meeting of the -Society; and shall be authorized to fill vacancies occurring in -their own body, whether arising from death, or removal from -the city; or from inability or neglect to visit the prisons in -accordance with their regulations. They shall also have the -sole power of electing new members.</p> - -<h3>ARTICLE VI.</h3> - -<p>Candidates for membership may be proposed at any meeting -of the Society or of the Acting Committee; but no election -shall take place within ten days after such nomination. Each -member shall pay an annual contribution of two dollars; but -the payment of twenty dollars at any one time shall constitute -a life membership.</p> - -<h3>ARTICLE VII.</h3> - -<p>Honorary members may be elected at such times as the -Society may deem expedient.</p> - -<h3>ARTICLE VIII.</h3> - -<p>The Society shall hold stated meetings on the <i>fourth</i> fifth-day -(Thursday) in the months called January, April, July, and -October, of whom seven shall constitute a quorum.</p> - -<h3>ARTICLE IX.</h3> - -<p>No alterations of the Constitution shall be made, unless the -same shall have been proposed at a stated meeting of the -Society held not less than a month previous to the adoption of -such alterations. All questions shall be decided where there -is a division, by a majority of votes; in those where the Society -is equally divided, the presiding officer shall have the casting -vote. -<span class="pagenum" id="Page_58">58</span></p> - -<div class="bbox"> - -<h2 id="OFFICERS_OF_THE_SOCIETY">OFFICERS OF THE SOCIETY.</h2> - -<hr class="short" /> - -<table> - <tr> - <td class="smcap tdr">President,—</td> - <td /> - <td>JAMES J. BARCLAY.</td> - </tr> - <tr> - <td rowspan="2" class="smcap tdr">Vice Presidents,</td> - <td class="bt bl" /> - <td>TOWNSEND SHARPLESS,</td> - </tr> - <tr> - <td class="bb bl" /> - <td class="tdr">WILLIAM SHIPPEN, M. D.</td> - </tr> - <tr> - <td class="tdr smcap">Treasurer,—</td> - <td /> - <td colspan="2">EDWARD H. BONSALL.</td> - </tr> - <tr> - <td rowspan="2" class="tdr smcap">Secretaries,</td> - <td class="bt bl" /> - <td>JOHN J. LYTLE,</td> - </tr> - <tr> - <td class="bb bl" /> - <td>EDWARD TOWNSEND.</td> - </tr> - <tr> - <td rowspan="2" class="tdr"><span class="smcap">Counsellors</span>,</td> - <td class="bt bl" /> - <td>HENRY J. WILLIAMS,</td> - </tr> - <tr> - <td class="bb bl" /> - <td>CHARLES GIBBONS.</td> - </tr> -</table> - -<table class="members"> -<caption><i>Members of the Acting Committee.</i></caption> -<tr> -<td> -Charles Ellis,<br /> -William S. Perot,<br /> -Thomas Latimer,<br /> -John M. Wetherill,<br /> -Abram C. Brown,<br /> -Benjamin H. Pitfield,<br /> -James E. Kaighn,<br /> -Alfred H. Love,<br /> -Jeremiah Willits,<br /> -William H. Burr,<br /> -Jacob T. Bunting,<br /> -John C. Farr,<br /> -George Taber,<br /> -William L. J. Kiderlen,<br /> -</td> -<td> -Mahlon H. Dickinson,<br /> -William Ingram,<br /> -James Peters,<br /> -Robert E. Evans,<br /> -Charles Palmer,<br /> -Charles P. Perot,<br /> -Charles C. Lathrop,<br /> -William Dorsey,<br /> -Abram Martin,<br /> -John Adolph Beaux,<br /> -Wm. Armstrong, M. D.,<br /> -Wm. Nicholson,<br /> -Charles W. Funk,<br /> -Philip P. Randolph,<br /> -</td> -<td> -Joseph R. Chandler,<br /> -Samuel Townsend,<br /> -Albert G. Roland,<br /> -Benj. H. Shoemaker,<br /> -Lewis C. Neuman,<br /> -Wm. Warner Caldwell,<br /> -Henry Perkins,<br /> -George M. Elkinton,<br /> -William R. MacAdam,<br /> -J. M. Corse, M. D.,<br /> -E. Griffin, M. D.,<br /> -William Hacker,<br /> -John E. Carter.<br /></td> -</tr> -</table> - -<table class="members"> -<caption><i>Visiting Committee on the Eastern Penitentiary.</i></caption> -<tr> -<td> -Townsend Sharpless,<br /> -Edward H. Bonsall,<br /> -John J. Lytle,<br /> -Edward Townsend,<br /> -Abram C. Brown,<br /> -James E. Kaighn,<br /> -Alfred H. Love,<br /> -Jeremiah Willits,<br /> -William H. Burr,<br /> -</td> -<td> -George Taber,<br /> -William L. J. Kiderlen,<br /> -Mahlon H. Dickinson,<br /> -James Peters,<br /> -Robert E. Evans,<br /> -William R. MacAdam,<br /> -Charles Palmer,<br /> -William Dorsey,<br /> -</td> -<td> -William Nicholson,<br /> -Charles W. Funk,<br /> -Samuel Townsend,<br /> -Albert G. Roland,<br /> -Benj. H. Shoemaker,<br /> -William Hacker,<br /> -J. M. Corse, M. D.,<br /> -E. Griffin, M. D.<br /></td> -</tr> -</table> - -<table class="members"> -<caption><i>Visiting Committee on the County Prison.</i></caption> -<tr> -<td> -William Shippen, M.D.,<br /> -Charles Ellis,<br /> -William S. Perot,<br /> -Thomas Latimer,<br /> -John M. Wetherill,<br /> -Benj. H. Pitfield,<br /> -Jacob T. Bunting,<br /> -</td> -<td> -John C. Farr,<br /> -William Ingram,<br /> -Charles P. Perot,<br /> -Charles C. Lathrop,<br /> -Abram Martin,<br /> -John Adolph Beaux,<br /> -Wm. Armstrong, M.D.,<br /> -</td> -<td> -Philip P. Randolph,<br /> -Joseph R. Chandler,<br /> -L. C. Neuman,<br /> -Henry Perkins,<br /> -George M. Elkinton,<br /> -Wm. Warner Caldwell,<br /> -John E. Carter.<br /></td> -</tr> -</table> - -<p><span class="large">👉</span> <span class="smcap">Wm. J. Mullen</span> is Agent of the County Prison, appointed by the -Inspectors, and acting under their direction, and also appointed by the -Prison Society.</p> - -</div> - -<div class="footnotes"> -<h2 id="FOOTNOTES">FOOTNOTES:</h2> - -<hr class="short" /> - -<div class="footnote"> - -<p><a id="Footnote_1" href="#FNanchor_1" class="label">1</a> -Less than one-sixth the size of the cells in the corridors which were -then completed in our penitentiary, as described by the same writer, to -wit: eleven feet nine inches long, seven feet six inches wide, and sixteen -feet high to the top of the arched ceiling.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_2" href="#FNanchor_2" class="label">2</a> -William J. Mullen.</p></div> -</div> - -<div class="transnote"> - -<h3>Transcriber's Note:</h3> - -<p>Dialect, obsolete and alternative spellings were left unchanged. -Printing errors, such as backwards or upside down letters, were -corrected; duplicate words were deleted; missing punctuation was added.</p> -</div> - - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of The Journal of Prison Discipline and -Philanthropy, January, 1863, by Anonymous - -*** END OF THIS PROJECT GUTENBERG EBOOK JOURNAL OF PRISON DISCIPLINE, JAN 1863 *** - -***** This file should be named 55567-h.htm or 55567-h.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/5/5/6/55567/ - -Produced by Larry B. 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