Page images
PDF
EPUB

who in the services rendered to another, may perhaps find the preservation of himself.

[ocr errors]

In adverting to the code of criminal law which has so long been established in Europe, and comparing it with the proposed system which has for its object the reformation of of fenders, we find them, in almost every point of view, the reverse of each other. The former owes its origin to those vindictive feelings, which are incident to a rude state of society; the other is founded on Christian principles, and applies the precepts of our religion to the conduct of our lives. The one proposes to prevent crimes by the example of severe punishments; the other conceives that the best example is that of a criminal brought by proper discipline to a due sense of his crime. By the operation of the former, great numbers of offenders perish in the strength and thoughtlessness of life the other endeavours to preserve rather than to destroy; it considers a criminal as an unfortunate fellow-creature, led on to guilt through a great variety of causes, but capable by kindness, patience, and proper discipline, of

.*

*It appears by Sir Theodore Janssen's tables, that "within twenty-three years, (ending in 1771), six hundred and seventy-eight young persons had been cut off in the prime of their lives, having been found under twenty-four years of age, one with another."

N

being reformed and restored to society. The former plan cherishes and inflames among mankind the feelings of anger and revenge, and employs the mind on the most hateful of all subjects, the devising modes of punishing or tormenting another;* the other embraces all mankind as brethren, and finds in the idea of recalling a fellow-creature from guilt to rectitude, the highest gratification. Even when compared with the milder system of criminal law, so eloquently recommended by many enlightened writers, the advantage is greatly in favour of the penitentiary plan. The one supposes that it is possible to apportion punishments to

* Dr. Paley observes, that "if a mode of execution could be devised, which would augment the horror of the punishment, without offending or impairing the public sensibility, by cruel or unseemly objects of death, it might add something to the efficacy of the example, and by being reserved for a few atrocious crimes, might also enlarge the scale of punishment, an addition to which seems wanting; for, as the matter remains at present, you hang a malefactor for a simple robbery, and can do no more to the villain who has poisoned his father. Somewhat of the kind we have been describing was the proposal not long since suggested of casting murderers into a den of wild beasts, where they would perish in a manner dreadful to the imagination, yet concealed from the view!"-Had it not been for enlarging the scale of punishment, it might have occurred to Dr. Paley, that the contrast would have been as effectual if the murderer had simply been put to death, and the robber committed to a Penitentiary to be reformed.

crimes, and that such punishments should be invariably inflicted; the other admits of no punishment but such as is necessary to reform the offender, and is as ready to pardon on evidence of repentance, as to convict on evidence of the crime; applying to practice on all occasions the Christian precept, Do unto all men as ye would they should do unto you. To extend this comparison further is surely unnecessary. If the latter plan can by any exertion be substituted for the former, is it possible that any one can doubt of its expediency?

APPENDIX,

No. 1.

REPORT of the Board of Inspectors of the Prison for the City and County of Philadelphia in the Year 1791.

TO THOMAS MIFFLIN, GOVERNOR OF THE STATE OF PENN

SYLVANIA.

Ir has been our constant endeavour to exercise the powers intrusted to us, according to the spirit of the penal code of Pennsylvania; we have, therefore, constantly kept in view three principal objects

The public security;

The reformation of the prisoners; and

Humanity towards those unhappy members of society. The first has been effected by the vigilant attention of the keeper and his deputies, which has frustrated some daring and artful plans of escape, as also by the mild and prudent treatment, which has reconciled the greater part of the prisoners to their condition.

The second object we have pursued by moral and religious instruction, by promoting habits of industry, by a separation of the sexes, by the prohibition of spirituous liquors, by exclusion of improper connexions from without, and by confining the refractory to solitude, low diet, and hard labour.

The third we have attained by supplying the prisoners with necessary food, clothing, fuel, medical assistance, and by recommending to the governor's pardon those whose trespasses are of a venial nature, and such as from their industry, quietness, and good behaviour in gaol, appeared to merit a restoration of their civil rights.

A

« PreviousContinue »