every benefit to be derived from such a plan, may guard against its abuse. These regulations should not only define the cases, but prescribe the manner, in which this discretionary power should be exercised; and on this head, the observations at the close of the Report of the State prison of New-York, for 1815, reprinted in the Appendix, will be found highly valuable. The principal requisites there suggested, are, that in every recommendation for pardon, a majority of the inspectors should join; that before such recommendation, they should enquire, whether the prisoner was convicted by clear and undoubted testimony-whether the circumstances attending the commission of the crime denote a greater or less degree of depravitywhether the prisoner has already suffered a pu nishment sufficient to satisfy society, and to afford a reasonable ground to believe that his release will not diminish the dread of future punishment in him, or inspire the hope of impunity in others-whether, while in prison, he has conducted himself with uniform decency, industry, and sobriety, and has never attempted to violate any of its regulations-and lastly, from what is known of his temper, character, and deportment, whether it is probable, that if restored to society, he will become a peaceable, honest, and industrious citizen. "These enquiries," adds the judicious writer, "ought to be satisfactorily

answered in favour of the convict, before he is recommended for pardon; for it is not a common or ordinary course of good conduct and industry, but a pre-eminent and unexceptionable behaviour that should entitle a prisoner to this grace." Now, as it is obvious that these requisites cannot be complied with, unless by the confinement of the criminal for a sufficient portion of time, it will follow, as an evident consequence, that a certain interval must elapse before any criminal can be discharged by pardon; and as the convict would, at any time after the expiration of such term, have it in his power by his good behaviour to obtain a remission of his sentence, it would perhaps be proper that the ultimate term of his confinement should be extended beyond the period that has been usual, whilst imprisonment was considered (and very justly) merely as a punishment, and carried to such a distance, as to afford a reasonable and sufficient time for the inculcation of better principles and habits, and the effectual reformation of the offender; and thus a security would be obtained against the exercise either of undue partiality, or of that indiscreet compassion which " may be gratifying to the individual, but, as regulated by no fixed principle, must be injurious to the public."

From the foregoing observations it may, perhaps, sufficiently appear, that the present un

favourable condition of the Penitentiaries in the United States of America, is not to be attributed to any disadvantages unavoidably incident to the system itself, but may be fully accounted for by the relaxation of that kind and constant attention, which is requisite to the utility of such establishments; by the inadequacy of the buildings to the increasing population of the country, and the influx in consequence of emigration from the West Indies and other parts; by the privation of the prisoners, in several of the penitentiaries, of the whole, or too great a proportion of their earnings; and, above all, by the re-admission of criminals who have once been discharged, upon the conviction of a second offence.

It must indeed be admitted, that the facts here stated present a more unfavourable view of the American Penitentiaries than has before been given in this country; but this by no means militates against the truth and accuracy of the reports on this subject which have so frequently been laid before the public, and which on examination will be found to relate to a former period, whilst these institutions continued to answer their intended purpose. It is indeed only of late, that the inconveniences complained of have arisen to such an alarming degree; and these, there can be no doubt, will be speedily remedied by a recurrence to the princi

ples on which these institutions were originally founded, and to the system of discipline which was then maintained. At the same time the errors, no less, perhaps, than the improvements in criminal discipline and jurisprudence, of which the Transatlantic states have set the example, may be of use to others who choose to avail themselves of them; and may shew what is to be avoided on the one hand, as well as what is to be followed on the other.

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THE PENITENTIARY SYSTEM ON THE CONTINENT OF EUROPE.

THAT the practice of subjecting criminals to labour had been adopted by many nations on the continent of Europe, long before it was known either in this country or America, is certain. On Mr. Howard's first excursion in 1775, for the purpose of inspecting the state of the prisons in foreign parts, he found that criminals were employed, in various kinds of work, in most of the principal cities through which he passed; in some of which, it is probable, the same system had been carried on for centuries.* "Offenders," says he, "are sentenced according to their crimes, for seven, ten, fifteen, twenty years, and upwards; but, to prevent despair, seldom for life. As an encouragement to sobriety and industry, those who distinguish themselves by such behaviour, are discharged before the expiration of their term. A prisoner

* "The best and most satisfactory account both of the ancient and present state of these houses, may be found in Pontanus's Latin, and Wagenaar's Dutch, Description of Amsterdam."-Howard's Account of Lazarettos, p. 229.