USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III > Part 55
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4. 4. The notoriety of the prisoner's disgrace to a large portion of the most depraved members of society, &c.
It may casily be conceived that one of the greatest obstructions to the reform of criminals, who have for the first time violated the laws, is the abandonment of friends and relatives. Now nothing operates so much to pro. duce this abandonment as the moral contamination of gregarious confinement. We may suppose that a sin- gle crime may be forgiven, if the moral disease had not been aggravated, I will not say rendered incurable, by the mistaken vengeance of the law. What idea more revolting to our feelings, or stinging to the pride, than that the individual, in wliose fate we possibly take a deep interest, from the claims of consanguinity or early friendship, may be familiarly taken by the hand by seve- ral hundreds of the most hardened offenders. If such individual had been separately confined, he is re- turned to his friends at the expiration of his sen tence, at least not rendered worse than at its com mencement, and his disgrace is known to comparatively of the most abandoned, and no danger incurred by the individual from their seductive arts. Every circum- stance seems favourable to the exertions of his friends to bring him back to the patlı of rectitude.
lieve that "separate confinement is a wise mode of treat- ing prisoners;" inasmuch as it affords reasonable hopes of removing, either wholly or in part, the deplorable evils, to which I have adverted in the preceding part of this letter.
But, after stating the evils removed by separate con- finement, it may be worth while to inquire whether any are introduced, which are inseparably connected with the plan itself. The principal objections which have been urged against separate confinement, that now oc- cur to me, are-
1. Injury to health.
2. The expensiveness of the system, arising from the difficulty, if not impossibility, of combining it with labour.
1. Injury to Health. -
The question of injury to health cannot be answered by any general affirmation or denial; as the confinement may be either prejudicial or otherwise, according to circumstances. If we mean by health, that ideal state which is the consequence of living well, and within pro- per bounds in all respect-then I think separate confine- ment will be injurious to such health. But if we mean by health, the particular grade of physical well-being of an individual, not within the confines of indisposition, then I think it not improbable, that, taking the average grade of health of prisoners, belonging as they usually do to the debauched and intemperate portions of society, and as- suming an average length of confinement, their health would generally be improved. At least, Ifeel well con- vinced, that the mortality amongst any number of criminals on the separate confinement system, would be considerably less than amongst the same number, if we suppose them at large.
Considering the question in the abstract, all confine- ment, whether separate or gregarious, must be deemed injurious to health; but, considered relatively to the usual habits of convicted violators of the law, it may well be doubted, whether it does not prolong life. If we institute a comparison between the two systems, as to their influence on health, it may be supposed that gregarious confinement, considered simply, is the less injurious; but when taken in connection with the com- plications of exposure, cold, and insufficient space, circumstances which in practice seem invariably to at- tend that system, I much incline to the opinion, that it has a more unfavourable influence on life and health than the other. The official published reports of the Walnut Street Prison will show, that the mortality in that penitentiary, has been about six per cent. on an average, for the last six or eight years. After much re- flection, I have come to the conclusion, that it would have been less, had the same prisoners been separately confined.
A great deal has been said on the probable produc- tion of insanity by separate confinement. I have wit- nessed the effects of such confinement, continued for between six and twelve months, or a sufficient number of prisoners, to satisfy my mind, that this apprehension is not well founded. Insanity may occasionally occur, when the depressing influence of incarceration on the mind and body, happens to operate on an individual predisposed to that disease; but I have no facts that would warrant me in believing, that insanity would be more likely to occur as a consequence of this mode of treating prisoners, than of the ordinary mode.
2. The expensiveness of the system, &c.
few. No wound is inflicted by the claimed fellowship is certainly an objection to it, when its advantages over
The expensiveness of any system of prison discipline other systems which may be adopted at less cost, are problematical; but if any system can be shown to be vastly superior to every other, I think the expense of carrying it into execution should not weigh a feather. Believing, as I sincerely do, that the separate confine- ment of criminals is the true system, I of course apply a full and fair experiment of this plan, at almost any
These, then, are the principal evils of gregarious con- finement, so far as they occur to me at this moment; and they would seem to be removed by the system of sepa- | the above remark toit; and I feel prepared to advocate rate confinement. I am, therefore, constrained to be-
1829.]
BOARD OF HEALTH.
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expense. But if it should prove to be the fact, that the expense of this system has been greatly overrated, you can easily imagine that my preference for it would be still more confirmed.
In regard to labour in connection with separate con- finement, it may be interesting to inquire, 1st, whether it would be proper; and if proper, 2dly, whether it would be practicable. This appears to me to be the most difficult point of the inquiry, and one respecting which my mind has been most wavering and unsettled. I in- cline, however, to the opinion, that as a general rule the prisoner should be engaged in some useful employment in his cell, to be withdrawn at the discretion of the prin- cipal of the prison, when necessary for the enforcement of discipline. I would advocate this course, not with a view to the productiveness of the labour, but because it seems important that a habit of industry should be formed, if possible, during the prisoner's confinement, as this may have a favourable influence on his future conduct when discharged. As to the practicability of labour, I feel satisfied that there can be found a sufficient number of trades and employments, which could be car- ried on in separate small apartments. But even if this should be found impracticable, I should by no means be willing to abandon the plan of separate confinement, which I consider the all-important principle, and not to be set aside for any secondary consideration whatsoever.
It seems probable, therefore, that labour may be a- dopted, to a certain extent, in connection with separate confinement; and that a portion of the expense of keep- ing the prisoner may be defrayed by his own exertions. But conceding that nothing of much importance can be calculated from that source, still it will be recollected, that the prisoner, on the separate confinement system, will cost less for clothing and food. Besides, it must be noted, that prisoners on this system, are supposed to require a shorter sentence for any given crime, than on the prevailing system, a circumstance which will cause a very considerable saving of expense. · If we add to these considerations, the probability of the diminu- tion of prisoners, relatively to the population, as a con- sequence of the system here advocated, by reason of its breaking up the model schools of vice, which most of our prisons so effectually form on their present plan, it will not, perhaps, be too much to assert, that the sepa- rate confinement system will not be materially more ex- pensive than the existing system.
But if we take an enlarged view of the subject, we shall perceive additional reasons for believing, that the plan by separate confinement, is far from being liable to the objection of not being an economical system. Sup- pose for a moment that the system, here advocated, would diminish the number of criminals, not merely within our penitentiaries, but at large; would not such diminutions be a great saving to the public. Suppose, for instance, that the number of thieves were reduced one-third in any community, would not the annual tax, levied by those lawless depredators on public property be considerably diminished? It is true, that the public do not appreciate the extent and burden of such invol -. untary tax; but is it less a tax on that account, or rather is it not the worst possible tax, which, so far from being used for punishment and reform, constitutes at once the end and means of crime?
Were I to follow my present train of reflections, I should write more than would consist with your patience or my time. I shall, therefore, take occasion merely to add, that the plan of separate confinement at night, and joint labour by day, as pursued at the Auburn prison, seems to me to be a great improvement, when compar- ed with the prevailing system in most of our prisons; and in proportion as the discipline adopted during the day in that prison, diminishes the chances for the re- ciprocal communication of ideas and mutual observa- tion, will it approach to the perfection of the plan of entire separation. The objection to this system is, that it does not go far enough; that it leaves something un-
accomplished which is essential in the work of improve- ment. Even admitting that the Auburn plan precludes ·intimacy and familiarity, it cannot prevent the prisoners from the mutual observation of each other; and a mere knowledge of one another as inmates of a prison, is an evil of very considerable magnitude.
I hope you will not suppose, because I conceive that the separate confinement of criminals at night, as prac- tised in the Auburn prison, is a great step towards im- provement, that I approve of the chief means adopted in that penitentiary, for enforcing discipline, namely, cor- poral punishment; on the contrary, I feel the greatest repugnance to the introduction of such a mode of pun- ishment into our prisons. I cannot go into all the argu- ments, which might be brought against it, but I may be permitted to remark, that it hardens the criminal, and destroys the germ of reformation, if peradventure, it ex- ists in his breast. On the other hand, the punishments of diminished food, darkness, silence, &c. subdue the spirit and mollify the heart.
I know that much stress has been laid on the usage of flogging sailors and whipping school-boys; and it has been urged, that if it were right for them, it could not be wrong for criminals. But I am not in the least influ- enced by this argument; for I conceive there is not a class of men in the community, more reckless in their con- duct, and who disregard more the restraints of the moral faculty, than sailors, and I may add, those sailors espe- cially, who have grown up under the discipline of the lash; and as to the whipping of school-boys, I consider it an indefensible practice, which ought not to betolerated in an enlightened community. No one supposes that sailors are made better men by flogging; and if, in the public service of some countries, this practice is found convenient, because summary, and because it sooner forms an animal machine for labour and fighting; are we on that account to suppose it to furnish a proper ingre- client in the discipline of a penitentiary system, the basis of which is reform?
On this subject, I will make only one more remark: if this plan of flogging is a proper element in prison dis- cipline, it must be applicable to all sorts of criminals; but I would ask, are the favourers of this system pre- pared to advocate corporal punishment in the case of females.
·
I fear, my dear sir, that I have completely exhausted your patience by the length of this letter. I desired to be brief, but have fallen into the fault of prolixity .- The subject is so multifarious, that it is difficult to com- press without obscurity . I have given you my views free- ly and without the least reserve, and under the influence of a sincere desire to answer truly and correctly, the question propounded in your letter.
I am, dear sir, with great respect, your obed't serv't.
FRANKLIN BACHE.
ROBERTS VAUX, ESQ.
BOARD OF HEALTH.
The Select and Common Councils, 12th inst. elected the following gentlemen members of the Board of Health, for the ensuing year.
Joseph Worrell, Dr. Ezekiel Cook,
Abiah Sharpe
-
John Moss,
George Guier J. B. Budd.
The following gentlemen were elected 9th instant.
By the Commissioners of the Northern Liberties. William Binder | George Gorgas. By the Commissioners of Southwark. Dr. Jesse R. Burden.
By the Commissioners of Moyamensing : Joshua Raybold.
By the Commissioners of Penn Township. Charles Souder.
By the Commissioners of Kensington. John Harrison.
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REVOLUTIONARY-COUNCIL OF SAFETY.
[MARCH
REVOLUTIONARY-COUNCIL OF SAFETY.
By the Council of Safety of the Commonwealth of Penn'a. A PROCLAMATION.
Whereas the Representatives of the Freemen of the Common-Wealth of Pennsylvania, in General Assem- bly met, in and by a certain act, made and passed at Lancaster, the thirteenth day of this instant October, entitled "An Act for constituting a Council of Safety, and vesting the same with powers therein mention- ed," have enacted and declared as follows, to wit:
An ACT for constituting a Council of Safety, and vesting the same with the powers therein mentioned.
WHEREAS the British troops have penetrated into this state, and after much devastation and great cruelty in their progress, have seized the metropolis. AND WHEREAS, in times of such danger and confusion the or- dinary powers of government cannot be regularly ad- ministered; more especially as the term for which the present legislative body of the commonwealth have been chosen, will speedily expire, whereby evil-minded per- sons may be encouraged, by open or secret practices, to assist the common enemy, and further to distress the good people of this common wealth; for prevention whereof it hath become necessary, for a limited time, to vest fit persons with summary and adequate powers, to punish offenders, and restrain abuses.
Be it therefore enacted, and it is hereby enacted by therepre- sentatives of the freemen of the common-wealth of Penn'a. in General Assembly met, & by the authority of the same, That. the members of the supreme executive council of this state, together with John Bayard, Jonathan. Sergeant, Jonathan B. Smith, David Rittenhouse, Joseph Gardner, Robert Whitehill, Christopher Marshall, James Smith, of Yorktown, Jacob Orndt, Curtis Grubb, James Cannon, and W. Henry, of Lancaster, Esqrs. be constituted, and they are hereby constituted a Council of safety, with - full power to promote and provide for the preservation of the common-wealth, by such regulations and ordi- nances as to them shall scem necessary, and to proceed against, seize, detain, imprison, punish, either capitally or otherwise, as the case may require, in a summary mode, either by themselves, or others, by them to be appointed for that purpose; all persons who shall diso- bey, or transgress the same, or the laws of this state heretofore made, for the purpose of restraining or pun- ishing traitors, or others, who from their general con- duct or conversation may be deemed inimical to the common cause of liberty, and the United States of North America.
And the said Council of Safety are hereby authorized and impowered by the authority aforesaid, To take and seize, where it may be needful, provisions and other necessaries, for the army or the inhabitants, and to ap- praise and value the same so taken, and for this end to appoint proper persons under them, to take, seize, and appraise as aforesaid. And the said Council of Safety shall in general regulate the prices of such articles as they may think necessary, and compel a sale thereof where the same shall be wanted; with full power also to call to their aid all officers and other persons, civil and military, in the execution of the premises.
And be it further enacted by the authority aforesaid, That the President, or Vice-President of the Executive Council, and any six of the said members of the said Council of Safety, shall be a quorum to do business.
Provided always, That the exercise of the ordinary course of justice, in the tryal and punishment of offen- ders, shall proceed and take its effects, and that origi- nal writs and process in the law, for debts and demands, may be issued and carried on, notwithstanding this act, or any thing herein contained; and that all other civil and lawful business and actings be done and performed in the manner practised at the time of passing this act- as far as the present condition of the state will admit, so as that the exercise of the authority aud jurisdiction
hereby given and granted, to the said Council of Safety, or the authority given to the Supreme Executive Coun- cil, by act of General Assembly, passed this present year, entitled "An Act to impower the Supreme Exec- utive Council, of this Common-Wealth, to provide for the security thereof in special cases, where no provision is already made by law," be not obstructed or ques- tioned.
And be it further enacted by the authority aforesaid, That the members of the said Executive Council, and the said John Bayard, Jonathan Sergeant, Jonathan B. Smith, David Rittenhouse, Joseph Gardner, Robert Whitehill, Christopher Marshall, James Smith, of York- Town, Jacob Orndt, Curtis Grubb, James Cannon, and William Henry, of Lancaster, or any other persons act- ing under their authority, in the premises, or any of them, shall not at any time hereafter be liable to any suit, action, or prosecution, for any thing done in pursuance of this act, or the powers hereby given and granted; but that they and each of them, shall be col- lectively and severally indemnified, saved harmless and discharged of the same, and that all such suits, actions and prosecutions shall be barred, abated and disconti- nued by the court, before whom the proceedings shall be brought.
And be it further enacted by the authority aforesaid, That the Supreme Executive Council of this state may at any time, during the continuance of the powers and authorities hereby granted, by proclamation or other pub- lic act, renounce, determine, and extinguish the same and every part thereof, and that thereupon the said powers, and every of them shall cease and become void, and be no longer exercised or enforced.
Provided, lastly, that the powers hereby given and en- trusted, to the said Council of Safety, shall continue and remain in force (unless otherwise sooner determined) to the end of the next sitting of General Assembly, and no longer.
Enacted into a law, on Monday the 13th day of Octo- ber, A. D. 1777.
JOHN BAYARD, Speaker. JOHN MORRIS, Jun. Clerk of the General Assembly.
WE, therefore, the members of the said Council of Safety, being convened, in pursuance of the said act of General Assembly, do give this public notice of our said appointment, hereby requiring all manner of persons, as well officers civil and military, as others, to govern themselves according to the just laws of this common- wealth, and the necessary provisions which have or shall be made for the protection thereof, in this time of pub- lic danger and calamity. We do also most expressly charge and require that all persons do utterly forbear from furnishing the armies or fleets of the King of Great 'Britain, with provisions, or other necessaries, or aid, and from transporting or carrying the same provisions or other necessaries aforesaid, to any city, town or place, in the power or possession of the said fleet or armies, most earnestly intreating them to save us the irksome task of punishing thein with immediate death, as their crimes deserve. And we do most solemnly command all forestallers and ingrossers of provisions, and other necessaries, by whose most horrible and pernicious practices and examples we are threatened with want, in the midst of plenty, that they do wholly cease and abstain from preying on the necessitous, abusing the public and aggravating the distresses of their country, lest they be overtaken in their iniquities, and dealt with according to their demerits; and it is recommended to all persons, possessed of provisions and other neces- saries, cautiously to avoid selling the same to such fore- stallers and engrossers, but to dispose of them for the use of the American army, or to persons who may be in want of them, for their own immediate use, at a reason- able price, otherwise this council must interpose their authority to prevent and redress such abuses. And all the good people of this common-wealth are called upon
1829.]
MEDICAL COMMENCEMENTS-JEFFERSON MEDICAL COLLEGE.
201
and invited to join with us in the most speedy and vi- gorous exertions, for rescuing this state from the tyran- ny, devastation and oppression of her cruel enemies, that we may again see good days, and enjoy the inesti- mable blessings of liberty and peace.
Given at Lancaster, the seventeenth day of October, in the year of our Lord, one thousand seven hundred and seventy-seven.
By order of the Council of Safety. THOMAS WHARTON, jun. President. [Handbill-Printed at Lancaster.
PRICES OF PROVISIONS.
Committee- Room, June 6, 1779.
Agreeable to the resolution of the last General Town Meeting, for lowering the prices month by month, the following list of several articles, and the prices they bore on the first day of April last, is published for the guidance of buyer and seller, for the month of July, and to commence on the first day thereof.
And the several dealers and others are likewise desi- red to take notice, that if any article or articles, wheth- er mentioned in this list or shall, after the first of July, be charged higher than the same was charged on the first day of April last, that such person or persons will, on detection, be proceeded against in the same manner as if such article or articles was herein mentioned and limited.
And it is furthermore intended that the regulations do take place as well in the Markets as the shops, of which all persons, as well buyers and sellers, are desi- red to take notice, and abide the consequences.
And whereas murmurings and discontents have arisen, respecting the price of butter. Therefore,
Resolved, That if any inhabitant of this city shall give more than Fifteen Shillings for a pound of butter, such person or persons so purchasing, whether man or wo- man, shall either be summoned to appear at the next Town Meeting, or pay Twenty Shillings into the hands of this Committee, to be applied to the relief of the poor; one half thereof to the poor of this city, and the other half to the poor of the township where the seller of such butter shall live.
Prices of the following Articles on the first of April, which are to continue for the month of July.
WHOLESALE.
RETAIL.
l. s. d.
l. s. d.
Coffee per lb.
0 15 0
0 16 0
Chocolate, do
1 17 6
per lb. do
2 00
Bohea Tea, do
4 10 0
do
4 15 0
Com. Green,do
5 10 0 from 6l. to 7. 10 0
Best Hyson, do
18 00
20 0 0
West India Rum, 2
6 5 0
6 12 6
Country do
4 10 0
4 15 0
French do
4 10 0
4 15 0
Madeira Wine, per gal.
10 00
Muscovado Sugar, from 2 70/. to 95l. percwt. 5
from 15s. to 20s. per lb.
Loaf Sugar, from 42s. 2 6d. to 50s. per lb. Rice
from 478. 6d. to 52s. 6d. per lb.
3s. p. Ib.
French Indigo, per lb. 2 15 0
60s.
Carolina do
2 00
45s.
Black Pepper,
1 17 6
42s.
Cotton, from
40s. to 55s.
45s. to 60s.
Hemp,
8s.
Candles,
14s. 6d. 15s.
Best Hard Soap, Butter,
15s.
Bloomery Bar Iron per ton, 500l. per cwt. 28/.
Refined do
700%.
381.
Nail Rod Iron,
10001.
55l.
Sheet Iron, per lb.
12s. per lb. 158.
Best dintle soal leather, per pound,
20s
150s.
A calf-skin that will cut 4 pair of shoes, 150s.
Best boot legs, per pair, 1808.
Harness Leather, per pound, Bridle ditto, per side, 150s. 20s.
Boots, per pair, from 377. to 401.
Men's best leather shoes, from 135s. to 150g ..
Women's shoes, 120s.
The Committee have continued the price of flour, middlings, &c. the same as on the last month, and are happy to inform the public, that the price of molasses and the various kinds of salt are at present lower than on the first of April, and the committee expect they will not be raised higher than at present.
Signed by order of the Committee, WILLIAM HENRY, Chairman. Committee-Room, June 26, 1779.
Whereas, under pretence of supplying our fellow- citizens in the country, great quantities of goods are daily removed from this city, and there is reason to be- lieve, with a design of concealment, in order to produce a scarcity. Therefore,
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