this kind may be considered as chiefly applicable to the conduct of private individuals, yet the principles upon which they are founded, deserve to be regarded by legislators, so far as they can follow them consistently with the common weal. It is indeed a salutary, an essential, and even characteristic quality of justice itself, that in providing expedients for the public security, it should be wholly exempt from that vindictive spirit which obstructs the exercise of mercy."

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ORIGIN AND PRESENT STATE OF THE

PENITENTIARIES IN AMERICA.

FORTUNATELY, however, whilst the civilized world has been groaning under the effects of a barbarous and sanguinary code of laws, mitigated at times by the milder spirit of philosophy, another system has arisen, which from obscure beginnings has gradually attracted more general notice, till at length it has been adopted in practice, on an extensive scale, and affords a favourable prospect of ultimate success. The earliest traces of this system are to be sought for in a sincere and earnest attempt, to apply to the regulation of the affairs of civil life the pure and simple doctrines of Christianity. On the establishment of Pennsylvania under Charles II., the charter directed that its judicatures should be governed by the common and statute law of the mother country; but, no sooner

*The royal charter to William Penn, directs, that the laws of Pennsylvania respecting felonies, should be the same with those of England, until altered by the acts of the future legislature; who are injoined to make those acts as near as conveniently may be to those of England."-v. Bradford, p. 14.

had William Penn entered on the exercise of his authority, than, in conformity to the mild and pacific principles of the religion he professed, he formed a code of laws, which appeared to him not only more humane and rational in their principle, but more suited to the circumstances of the country for which they were intended, and which restricted the punishment of death to murder only.* This code was abrogated under Queen Anne, was again established and acted upon for several years, and again overthrown; until the final separation of the American colonies from the parent state, enabled them to adopt such measures with respect to their legislation, as appeared to them most advisable.

On framing the new constitution in 1776, the legislature was directed to proceed as soon as might be, to the reformation of the penal laws, and to invent punishments less sanguinary, and better proportioned to the various degrees of criminality. It was not, however, till the year 1786, that a new code of criminal law was

* "Murder, wilful and premeditated, is the only crime for which the infliction of death is prescribed, and this is declared to be enacted in obedience to the law of God, as though there had not been any political necessity even for this punishment apparent to the legislature."-Bradford, p. 16.

established. By this code the punishment of death was restricted to the crimes of murder, rape, arson, and treason, while all other offences were directed to be punished with whipping, imprisonment, and hard labour in public.* If ány beneficial effects were produced by this restriction of capital punishments, they were counteracted by the injudicious severity of the other enactments, which instead of reforming offenders, only served to harden them in their crimes, and led to "such a degree of depravity and insensibility, that every spark of morality appeared to be destroyed." The enormities committed by the criminals themselves, whilst exposed to labour in public, with their heads shaved, and in an infamous habit, became an intolerable evil. Several persons of acknowledged worth and talents, endeavoured by their writings to recommend a further alteration, and the introduction of a milder system. In the year 1787, Dr. Rush laid before the Society for promoting political enquiries, held at the house of Dr. Franklin in Philadelphia, an Enquiry into the effects of public punishments upon crimi

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* See Turnbull's Account of the State Prisons of Philadelphia.

† Account of the Penal Laws of Pennsylvania, by Caleb Lownes.

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nals," in which he clearly demonstrated their injurious consequences. A Society was formed under the title of The Philadelphia Society for alleviating the Miseries of Public Prisons, an attempt which so strongly attracted the notice of our benevolent countryman Mr. Howard, that in his Account of Lazarettos, he expresses This willingness to contribute towards a similar institution in his own country, and announces, that if a permanent charity should take place, under some such title as that at Philadelphia, he would most readily stand at the bottom of a page as a Subscriber for five hundred pounds.* Of the object and proceedings of this society some account will be found in the statement of Caleb Lownes, an early promoter of these beneficent plans, reprinted in the Appendix.

By the exertions of this Society, aided by a great proportion of the other inhabitants of Philadelphia, amongst whom the Quakers distinguished themselves, as well by the wisdom of their measures as by their earnestness and perseverance in the promotion of them, a decided sentiment was produced in favour of a more humane and rational system. William Bradford, who after having held the office

* Account of Lazarettos, &c. p. 259.