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 61

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440

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Whereas, it is of essential importance that the views of the Citizens of Philadelphia in relation to the con- firmation by the Legislature of the route for the Rail Road as originally reported by the Engineers on the part of the commonwealth and subsequently altered and improved, should be made known to their repe- sentatives in that body. Therefore, be it resolved, by the Select and Common Councils, that the members from the city in either house be requested to use their exertions to procure at the hand of the Legislature, such confirmation; as it is believed that the route pro- posed meets with the approbation of nine tenths of their constituents, is calculated more than any other that could be selected to save expense to the common- wealth, and add to the advantages of the city and dis- tricts, and will give to each a fair proportion of the immense trade of which it is to be the outlet.

And be it further resolved, that any change or alter- ation in the route laid down by careful, diligent and skilful men, selected on the part of the state for that purpose, and whose report in relation thereto, is enti- tled to the fullest confidence being the result of public duty and not of individual procurement would in the opinion of Councils be of serious detriment to the in- terests of the city and surrounding districts and greatly interfese were the noble object which the common- wealth has in view that of a just distribution, (when- ever it can be effected) of the advantages likely to arise from the great scheme of Internal Improvement so hap- pily concieved and so ably executed.

And it is further resolved, that a copy of these reso- lutions be forwarded to each of the City members sign- ed by the Presidents of Councils.

The Select Council had adjourned sometime before there was an opportunity of presenting this resolution to them for concurrence.

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EXECUTION OF CRIMINALS.

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To the honourable Senate and House of Representatives of the State of Pennsylvania: The memorial of the Select and Common Councils of Philadelphia,

Respectfully Sheweth:

That your memorialists in common with the citizens of Philadelphia whom they represent, take a deep in- terest in the prosecution of that system for the admin- istration of the poor laws in this district, which was adopted at the last session of your honourable bodies. They believe the system to have been well considered, carefully prepared and that its results, ifit be unimped- ed in its operations, will be happy. They know that the bill then passed was but the reflected voice of this whole community, speaking loudly and unanimously upon the momentous subject. They believe that the public opinion remains unaltered. They see and know that the administration of that system has been com- mitted to upright, faithful and intelligent men. They believe that it has produced, and is daily producing most salutary consequences, and they did hope, and their constituents did hope that the experiment under progress would have been permitted to proceed to con- summation. But your memorialists have learned with deep regret that a bill has been laid upon your tables (No. 64 of Senate files) which in its principles subverts some of the most important features of that system and imposes by some of its provisions, duties utterly inca- pable of being performed. Your memorialists will not trouble your honourable bodies with an argument, they leave the duty of exhibiting the subject in all its details, to the representatives of this city in your house .- Your memorialists content themselves by praying on behalf of the city of Philadelphia, that you would be pleased to leave your own work untouched, by declar- ing to you solemnly that the people of this city desire no alteration; by reiterating the sentiments proclaimed in the memorials addressed to you last year and adopt- ed by these Councils, and by earnestly entreating that you will not impede the march of that plan so ardently solicited from you, so cheerfully acceded, and now so rapidly arriving at maturity. Relying upon the liber- ality with which your honourable bodies have always bestowed on applications from the extensive community whom your memorialists represent, the leave the sub- ject with perfect confidence to your wisdom.

EXECUTION OF CRIMINALS.

To the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met.

The memorial of the subscribers, respectfully show- eth,

That they regard the practice of executing criminals publicly, in open fields, or by the road side, as produc- tive of very serious evils, and pray that a stop may be speedily put to it. The evils to which they particularly allude, are the collection of the idle, the dissolute and wicked classes of society, who invariably assemble in thousands, upon such occasions, not only from our own state, but even from remote parts; the scenes of gamb- ling, low debaucheries, quarrels, the temptations to vice, and the commission of the first crimes to which they give rise, loss of one or more day's work, and the waste of money by those who cannot without injury of their families, neglect the one, or dissipate the other.

The experience of ages has moreover proved that pub- licity in executions never serves to give force to exam- ple to prevent the commission of crimes: on the con- trary, it has happened even in our own state, that a man murdered a fellow creature, the evening of the same day on which he himself had witnessed the execution of a criminal, for the same offence. We allude to the case of Burns, who was stabbed by Wilson in the year 1822, the day on which Lechler was hung at Lancaster.

It is notorious also, that robberies are constantly com- mitted under the gallows.

We view public executions as the remnant of the ferocious policy, and barbarous ideas which prevailed in the benighted age of the world, and consider them a disgrace to the present enlightened' state of society; opposed to the principle of the mild system, which to the honor of Pennsylvania, was first introduced in the U. States, into her reformed penal code, and as tending to harden the heart, by rendering mankind familiar with scenes of death.

Without expressing our opinion as to the expedien- ency of continuing the punishment of hanging in our penal code, your memorialists earnestly pray, that so long as it is permitted to remain, the infliction of it may take place in the prison yard; and that no person be al- lowed to witness it, except the sheriff, the magistrates and the constables of the city or county, and such others as the sheriff may deem absolutely necessary on the oc- casion. We beg leave respectfully to suggest further, the propriety of making provision for the presence of a certain number of witnesses to every execution.

In reference to the supposed influence of example, your memorialists are satisfied, that the general knowl. edge of the fact that an execution was about to take place in the prison yard, would have a much greater effect, than the pompcus parade usual on such occasi- ons, in the presence of a multitude.

They lastly pray, that the British mode of executing criminals may be adopted, viz. dropping them through an enclosed platform, as in this way, the least possible violence will be done to the feelings of the spectators .. Philadelphia, October 16, 1828.

James Mease, M. D. P. S. Du Ponceau

Robert Ralston Roberts Vaux

Alexander Henry John Vaughan

Horace Binney George Emlen

James M. Broom Henry J. Williams

Robert Wharton

Wm. M. Walmsley W. S. Warder

John Bacon

John Sergeant Mathew Carey

Jos. R. Ingersoll Wm. White, D.D.

Thos. Cadwalader

Nicholas Biddle

Reuben Haines

Joseph R. Chandler.

REMARKS.

Having frequently witnessed private executions, (as far as was practicable,) as well as public ones, and judging from the effects of both upon his own feelings, the Editor is decidedly in favour of the suggestions of the above Memorial-at the same time, however, he is of the opinion, that while the operation is not seen by the public, there should be some public annunciation of the fact, at the moment, calculated solemnly to impress the mind, that crime has met with its merited reward .- He therefore deems it not unsuitable to the occasion, to introduce the following narrative of the manner of con- ducting such executions, in the place where his own observations were made. As he has never seen any of these facts before noticed, lie presumes they may be new to many of his readers, and perhaps not prove al- together uninteresting .-

During a residence at Canea, in the island of Candia, (the ancient Crete ) for a considerable portion of the time from 1812 to the close of the war in 1815-he had very frequent opportunities of witnessing executions of Turks as well as of Greeks-the mode in the case of each being different-the former are strangled or "bow strung," the latter suspended from a gallows-that pun- ishment being considered most disgraceful of the two, and more correspondent with the ideas entertained by the Turks of that oppressed people. The castle in which

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EXECUTION OF CRIMINALS-TURKISH MANNER.

1829.]'

the Turkish prisoners are confined and executed, is situated upon a wall, erected for the purpose of exclud- ing the sea, and thereby forming the port: This part of the harbour is somewhat in the form of a horse shoe,- there being a pathway, or road, from the Castle, around the head of the bay, communicating with the rest of the town. The Pacha's palace, where criminals have their trial, is at the water's edge, on the side of the port op- posite to the castle: the vessel to which the Editor was attached was moored nearly in a line from the palace to the Castle, so that the best opportunity was afforded of witnessing whatever was to be seen of this melancholy spectacle. The prisoners, after undergoing their ex- amination before the Pacha, were transported to the castle opposite, in the harbour-master's boat when it was convenient, and when otherwise, our own boat was frequently pressed into the service-one or more Janis- saries accompanying the prisoner. On one occasion, we witnessed an attempt to escape-by the prisoner leaping out of the boat; the Janissary immediately drew a pistol from his belt, fired, and wounded the man so severely, that his execution, which would not have taken place till the evening, was accomplished in a short time after reaching the Castle. It was generally known, when an execution was to take place in the evening, by a general commotion during some part of the day among the Greek-sailors, in their attempts to elude the observation of the Harbour Master, whose duty it was to summon them to be the executioners, and who dare not disobey the summons when received.

A little after dark, a body of Janissaries is seen issu- ing from the gate of the Pacha's palace, each having his lighted lantern, and marching in procession along the pathway around the bay until they arrive at the castle in which the unfortunate victims are confined-there they are met by the Harbour Master, having in his boat the Greek sailors, six in number, whom he has collect- ed for executioners from the different vessels in the harbour. The door of the Castle is opened-the Janis- saries enter-the lighted lanterns disappear one after another-the door is closed-darkness prevails without -and a solemn silence reigns for about fifteen or twenty minutes-when the discharge of a cannon from the top of the Castle announces that the unhappy victim has suf- fered. When more than one execution takes place, ano- ther interval of silence prevails-a second gun is dis- charged-and in like manner one gun at each person's ex- it: these have sometimes amounted to three or four in one evening, and executions have occurred several nights in succession. As to the mode of execution, the Editor can say nothing from personal observation-it has frequently been described to him as follows :- The pri- soner is confined in an apartment from which he issues at the order of the Janissaries, through an aperture so low as to oblige him to stoop, or in a position bending forwards, thus presenting his head first. Across this opening, a rope (or ropes) is fixed, with a noose, so ar- ranged that three of the sailors are stationed on one side of the aperture, and three on the other, who at the command of the Janissaries, as soon as the head of the person is sufficiently advanced, draw in contrary direc- tions; and thus hold the victim until he has expired. The execution being completed, the body is left in the castle during the night- the Janissaries come forth with their lanterns, and return in procession to the Pacha's palace, by the same route by which they went. Next morning, the Harbour Master carries the dead body or bodies, in his boat exposed to view (the rope remain- ing around the neck, and the face exhibiting the effects of strangulation) to the shore opposite the Cas- tle, where persons are in attendance with a coffin ready to convey it to the grave-yard.

The silence and darkness of night-the solemn pro- cession of the Janissaries-the discharge of the guns -- all have a most powerful influence to impress the mind with a solemnity and awe, which notwithstanding the frequent repetition of executions, were never removed.

We have said that the gallows is employed in the case of the Greeks. This is situated without, though not very distant from the gates of the city, having on the one hand a baker's shop, and on the other a dwelling. The gallows itself, and the whole operation, is very simple; it consists of the usual upright and transverse pieces; but the cart or drop is dispensed with, for instead of the criminal being let fall, he is raised from the ground-the executioner who attends him, having hold of one end of a rope attached by the other to the neck- throws it over the top of the gallows-receives it at the other side, and having raised the poor convict from the ground, attaches the rope to the side post, and very unconcernedly leaves him hanging for three days, when he is taken down and buried. The gallows is always standing. In all the cases we have witnessed, according to this mode, the bodies appeared to be less convulsed, and the persons to suffer less than by the mode of dropping adopted in this country.

Turkish justice is very summary-one instance we witnessed, of a Turk, returning at noon from a neigli- bouring island to which he had fled for a crime com- mitted in Candia, so many years previously, as to induce him to believe it was forgotten or forgiven; the vessel in which he arrived was anchored but a short time when he was arrested, taken before the Pacha, and executed the same night.

We have likewise seen a Greek brought into the city from the country, (having passed the gallows) conveyed to the Pacha's palace, and in the course of an hour, hav- ing received his sentence, re-conducted by the same officer to the gallows, and executed-and although he passed through a principal street, there was no crowd or bustle-a few boys only perhaps following at a dis- tance. Whether this indifference arose from the circum- stance of the gallows being constantly in view, and the criminal remaining so long a time suspended, or from a deficiency of curiosity, we know not. It must be con- fessed that during the latter part of our residence there, from being in the daily habit of passing the gallows, it ceas- ed 10 inspire the feelingsit did at first, and even the sight of a human being suspended, did not affect us as we were affected, when we first witnessed such a scene. Indeed upon one occasion, there was such an odd asso- ciation of objects upon the gallows, that the previous suffering of the poor wretches scarcely created a thought. On the evening of one of the Greek festivals, as is usual, there was a ball or dance, at which some of the party indulged too freely. A law existed at this time that no person should fire a pistol within the city. Unfortunately a poor fellow, in merriment, was induced to violate this regulation-it soon became known-he and the fiddler were arrested, and others of the party sought for. Next morning by breakfast time, both were suspended,-the former with his pistol, and the latter with his violin attached to his neck. The only crime of the fiddler was, having been present. They re- mained suspended, bearing their different insignia, for three days.

Notwithstanding the executions of Greeks, were Jess frequent than those of the Turks, yet the impres- sions made upon us were decidedly in favour of the privacy with which the latter were conducted, which the time of night chosen for the purpose, and the an- nunciation by the gun, had no doubt a powerful influ- ence in producing. And yet there was sufficient pub- licity to produce all the effect expected from such occasions by way of example, without the usual con- comitants of the mode adopted in this country.

LEGISLATIVE QUESTION.

SPEAKER OF THE HOUSE .- On Monday. 23d ultimo, Mr. Livingston of Lehigh, submitted the fol- lowing preamble and resolution-

Whereas, by the 11th section of the 1st article of the

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constitution of this Commonwealth, it is provided, that each House of the Legislature shall choose its Speaker and other officers: And whereas, it is no where pro- vided, that the Speaker of the House may appoint a de- puty. Therefore

Resolved, That we proceed to-morrow at 12 o'clock to elect a Speaker.

On Tuesday, this motion came up for consideration, and a rather desultory conversation took place. The hour of 11, however, arrested the discussion, as at that hour the House proceeds to the consideration of Bills.

On Wednesday the resolution again came up, and a discussion more irregular than that of Tuesday ensued. The resolution was postponed for the present. A motion made by Mr. Cunningham at 11 o'clock that when the House adjourns, it will adjourn to meet again to-morrow morning at 9 o'clock, was agreed to, and thereupon the House adjourned.

Messrs. Livingston, Lombaert, Denison, Petrikin, Mallery, McReynolds; Simpson, Krepps, Roberts. Banks, Blair, Kerr, Horn, Waugh, Champneys, and some others took part in the debate, in the course of the various shapes it assumed. The supporters of Mr. Livingston's resolution did not generally contend that the appointment of a member, daily, to discharge the duties of Speaker, vitiated their proceedings, or would render the laws they might pass positively unconstitu- tional; but there was enough to raise a doubt upon the subject, and no doubt ought to be allowed to exist. The Constitution, Art. I. sect. XI. says "each house shall choose its Speaker and other officers; and the Senate shall also choose a Speaker PRO TEMPORE, when the Speaker shall exercise the office of Governor." And section XIII. says, "Each House may determine the rule of its pro- ceedings." Rule 7 of the House declares that the Speaker "may name a member to discharge the duties of the chair, but such substitution shall not exist beyond an adjournment." The Speaker had been going on from day to day for two weeks to name members to perform the duties of the chair, when it was at least doubtful whether he had authority under the constitution, or by the Rule of the House to repeat the substitution from day to day.

Those who opposed the resolution relied upon the 7th Rule of the House, adopted in conformity with Art. I. sect. 13 of the Constitution, to sustain the regularity of their proceedings.

The inexpediency of proceeding without the attend- ance of Mr. Middleswarth, the Speaker elected by the House, was strongly pressed on the one hand, and not controverted on the other; and from the disposition indicated by the votes of Wednesday (yesterday) we judge that if the actual Speaker is not in the chair this morning at 9 o'clock, another person will be then elect- cd Speaker of the House .- Har. Chron.

The Speaker being enabled to resume his seat on the 26th, any further discussion on the above question was rendered unnecessary for the present.

WILLIAM LEHMAN, ESQ.

HARRISBURG, March 30.

The house being called to order, and the minutes of Saturday read,

Mr. Duncan, in a very feeling manner announced the death of his colleague, Mr. Lehman, of the city of Philadelphia.

Mr. Cunningham then offered the following resolu- tions: Resolved, That the members of the house of rep- resentatives, deeply and sincerely regretting the death of Wm. Lehman, Esq. long a useful and industrious member of their body, desirous of paying a tribute of respect so justly due to his memory, will attend his fu- , neral at 10 o'clock to-morrow morning, from his late residence in this borough.

Resolved, That the following order of procession shall be observed at the funeral.

1 Ministers of the Gospel.

2 The body of the deceased, with six pall bearers.

3 The members from the city of Philadelphia.

4 The members who boarded with the deceased.

5 The officers, speaker and members of the house of representatives,

6 The officers, speaker and members of the Senate.

7 The Governor and secretary of the commonwealth.

8 Heads of Departments.

9 The Board of Canal Commissioners.

10 Citizens and Strangers.

'The members of both houses to proceed from their respective chambers in the above order, to the funeral, and return in the same order.

Resolved, That as a testimony of respect to the memory of Wm. Lehman, Esq. of the city of Philadel- phia, late member of the house of representatives, the the members will wear crape on their arm for thirty days.

A committee of five was appointed to superintend the funeral ceremonies, and the house then adjourned until three o'clock to-morrow afternoon.

" As a merchant, Mr. Lehman held a high character for integrity and liberality; as a citizen, he enjoyed a large degree of respect, due to his general worth and amiable conciliating manners. As a public officer, a representative of this city in the state legislature, the labours of Mr. Lehman have drawn to him the commen- dation of every friend of the great works of internal improvements that now occupy the attention of our state. From the year 1817 to the last moment that he could give his name to a public document, he laboured with an unceasing and, perhaps we may add, an exclu- sive ardour in the cause of rail roads and canals; and earned a name and reputation by his distinguished ex- ertions, that will be remembered and respected by those who trace public benefits to their source."

U. S. Gaz.

INSOLVENTS.

From the list of 131 applicants for the benefit of the Insolvent Law at the Court this week, the following statement of their trades and professions has been made out.

Cordwainers 17

Comb maker ..

Labourers 11

Coach lace maker. .1

Carpenters 7

Teacher .. .1

Cabinet makers 5

Waterman 1

Victuallers

5 Brass founder. 1

Tailors.

Cotton spinner. 1

Innkeepers

Machine maker. 1

Mariners. 4 . Millinery storekeeper 1

Waiters. 4

Musician. 1

Grocers. 4

Glove manufacturer 1

Blacksmiths

Tallow chandler 1

Paint manufacturer. 1

Merchants. 3 Bookbinder 1

Manufacturers. 3

Tanner. 1

Accountants. 3

Furrier 1

Printers. 2

Baker. 1

Painters and Glaziers .

Oysterman. 1

Hatters .. 2

Barber.

Morocco dressers. 2 Paviour

Dry Good Merchants. 2

Pewterer 1

Doctors of Medicine. 21

Carters. 2

Worker in brass. 1

Spade and shovel manu- facturer. .1

Shipwrights. 2 Farmer. 1

Not specified. 2

Boarding house keeper .. 1

Coach maker. 1

Glue maker. 1

Total. 131

Printed every SATURDAY MORNING by WILLIAM F. GEDDES, No. 59 Locust Street, Philadelphia: where, and at the PUBLICATION OFFICE, IN FRANKLIN PLACE, second door back of the Post Office, (back room) subscriptions will be thankfully received. Price FIVE DOLLARS per annum, payable semi-annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance.

Ochre grinder.

Weavers 2

Comedians. 2

Stone masons 3 .

THE REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

EDITED BY SAMUEL HAZARD.

VOL. III .- NO. 15. PHILADELPHIA, APRIL 11, 1829. NO. 67.

LAW CASE. SUPREME COURT.

The case of the First Baptist Church was argued be- fore the Supreme Court of Pennsylvania, in March, 1828, when one seat was vacant, and the four judges were equally divided in opinion. The cause again came be- fore tbe court at their late term. It was an application by the minority of the church, amounting to about 59, for a charter, assuming the name of the mother church. Against the assumption of this name, the majority, amounting to about 430, remonstrated. It appeared in the course of the evidence, that the annual income of the church amounted to 3,300 dollars, or thereabouts. The subject was discussed, with great learning and ability by the counsel, who exhausted research into the ecclesiastical and judicial subjects connected with the enquiry. After the argument, the Chief Justice ob- served that the opinions of the senior members of the court continued unchanged, and of course are equally divided; and that it only remained for Judge Smith to deliver his opinion-who then pronounced the follow- ing opinion.

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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 61

Author: Hazard, Samuel, 1784-1870 Publication date: 1828 Publisher: Philadelphia : Printed by W.F. Geddes ; Number of Pages: 440

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440