the operation of the penitentiary system, generally, and particularly to invite the attention of all good men, who feel a due sense of the importance of the subject, to a serious consideration of this important question,

Whether, on the facts stated, it is not absolutely necessary, immediately to pursue further measures, not only for the improvement, but for the very preservation of the system, against the evils resulting from the incompetency of the means of carrying it on, with all the effects proposed to be produced by its benevolent authors.

In the year 1795, a publication similar to the present appeared under the authority of very respectable names, subjoined to an excellent essay on the criminal law of Pennsylvania, by the late William Bradford, Esq. formerly attorney general of this state, and of the United States, a gentleman eminently distinguished by his active benevolence, and the dignity and splendour of his public character. The present penal code was chiefly composed by that gentleman, and it will ever remain a monument of his knowledge, and love of human nature. Among other interesting facts stated in the publication referred to, are the following: that after the system had been in operation not more than two years, such was its efficacy, that out of near two hundred persons, who had at different times been pardoned, only four had returned; that there had been but two instances of conviction of picking pockets or burglaries, in the city and county for near two years; that the number of persons convicted in the several courts had constantly decreased, thirty and upwards of a session, having been frequently added to the list; that, although the city and county courts were but a few days distant, there were but five persons for trial. Such were the means then in the power of the inspectors, of executing the system in its spirit and design, with the aid of extensive accommodations, and sufficient and suitable labour, that the rooms in the prison, and the prison yard, afforded convenient and ample room for the separation and employment of the convicts; and finally so productive was their labour, that when discharged, considerable balances were found in favour of some; and but few, who had not more or less; that those

balances often exceeded ten pounds, and that some of the prisoners appropriated part of their earnings to the support of their families. Such at that time was the happy effect of

the system when properly executed.

The present state of the penitentiary affords a melancholy and striking contrast: the building in which the prisoners are confined, and the yard in which they are employed, are the same used for those purposes in the year 1795: no additional accommodations, either for the lodging or employment of the convicts, have been provided.

The following facts, which appear in the recent presentment of a respectable grand jury, will enable every one to appreciate the importance, indeed necessity, of giving due efficacy to this benignant system. "That while thus the "grand jury notice with pleasure the high degree of order " and cleanliness, they are compelled by a sense of duty to "present as an evil of considerable magnitude, the present

very crowded state of the penitentiary. The number of 66 persons of all classes continues to increase, so that from "thirty to forty are lodged in rooms of eighteen feet square." So many are thus crowded together in so small a space, and so much intermixed, the innocent with the guilty, the young offender, and often the disobedient servant or apprentice, with the most experienced and hardened culprit; that the institution already begins to assume, especially as respects untried prisoners, the character of an European prison, and a seminary for every vice; in which the unfortunate being, who commits a first offence, and knows none of the arts of methodised villainy, can scarcely avoid the contamination, which leads to extreme depravity, and with which from the insufficiency of the room to form separate accommodations, he must be associated in his confinement.

There are at this time (January, 1817), 451 convicts in the Penitentiary; of which number, 162 have been before convicted and pardoned. The number of untried prisoners returned on the calendars, at the different sessions of the mayor's court of the city and quarter session of the county of Philadelphia, was

Having presented these reflections and truths to public notice, and beseeching a particular regard to their importance, we leave the subject to a virtuous community, upon the remedy of which there is ample opportunity and occasion for calling forth genuine benevolence and charity.

In the month of April, 1816, the Philadelphia Society, for alleviating the miseries of public prisons, appointed a committee to prepare and publish for the use of the society, a statistical view of the operation and effect of the amended penal code of the state of Pennsylvania, as exhibited in the numerical amount of convictions; so far as could be obtained from a recurrence to the records of the Philadelphia prison, and to such other means of information, as the committee might have it in their power conveniently to refer to. It may be proper to state, that persons convicted in any county in Pennsylvania, other than Philadelphia county, of any crime (except murder of the first degree,) if punished with imprisonment, for one year or upwards, are usually removed to Philadelphia prison. A statement therefore of the numerical amount of convicts in that prison, together with the numerical amount, (ascertainable at Harrisburg,) of convictions. throughout the State, for murder in the first degree, would present a sufficiently accurate view of the number of convictions in Pennsylvania, during the period taken, for such crimes. The committee, in execution of the duty imposed upon them, have had as complete a statement as was conveniently practicable drawn up at the Philadelphia prison.. They regret to state that their endeavours to add the most important item, to wit, the number of convictions in Pennsylvania, for murder of the first degree, during the period assumed, by an application to the competent authority at Harrisburg, have not been successful: with a view of obtaining this information, the publication of the present statement has been much delayed. In order to prevent further delay, it is now published with the disadvantage of exhibiting the number of convictions for murder in the first degree, in the county of Philadelphia alone.

TABLE I.

Being a view of the operation of the penal code, for a period of not quite eight years, from 1779, to 1786, the year in which the number of capital crimes was first reduced.

By the act of 1718, the following crimes were made capital, viz. Treason, Murder, Robbery, Burglary, Rape, the crime against nature, malicious Maiming, Manslaughter by stabbing, Arson; and by subsequent acts, counterfeiting bills of credit, or the current coin were added, and the crime of arson extended to include certain public buildings. All these crimes were capital until the first of November, 1786.

CRIMES. 1779 1780 1781 1782 1783 1784 1785 1786 Total.

TABLE II.

Containing a similar enumeration, for the same period, from 1786 to 1794, when the punishment of death, except for murder of the first degree, was abolished.

By the act of the 15th of September, 1786, robbery, burglary, and the crime against nature, were made punishable by servitude at hard labour, &c.

By the act of the 22d April, 1794, the punishment of death, except for murder in the first degree, was abolished.

CRIMES,

1786 1787 1788 1789 1790 1791 1792 1793 Total.

Servitude at hard labour, deaths, escapes, &c. 112