1828.] EARLY SETTLEMENT. 199 EARLY SETTLEMENT. [Continued from page 181.] Passing over a lapse of nine years, during which the Dutch and Swedes were proceeding in their settlements, the former as traders on the borders of the bay, the latter as husbandmen on the freshes of the river, while the sturdy Stuyvesant was stoutly maintaining his rights, a new era would commence about the year 1664, when Sir Robert Jarr sailed up the river and took possession of the fort at Newcastle; and here the antiquary would be delighted to retrace and review the memorials of the middle age of this ancient place, now called by the English Delaware Town. The spot where William Penn was first to place his foot upon American ground; with its venerable house of worship, noticed by the Founder on his arrival, its old court house, and other objects of interest, as they then appeared. While in the neighbourhood the industrious investigator would not fail to visit the site of old Christiana, and although every trace of the primitive buildings were gone, endeavour to find some relique of the bulwark or vaulted magazine described by Kalm in 1748. The old Swedish Church mentioned by W.Penn, would engage his attention, on part of the domain of which Wilmington was founded in 1733. Old Upland would next invite inquiry, as the first resting place of the first English settlers. The first seat of the provincial government under Penn, and where the "great law" was proclaimed in 1682; with its meeting house, and hall of legislation, its "Essex House," the hospitable mansion of Wade, where the Founder of Pennsylvania resided, and the mill erected under his immediate eye. At Helsinburg and Salem, if the antiquary should not think it profitable to seek the lost capital of New-Albion or the still greater antiquities hinted at by Kalm, he could not but discover some objects worthy of attention in the town founded by Fenwick so early as 1675, the first place settled by the English in West Jersey. Above, on the same shore, Swedesbro', formerly Raccoon, a place frequently visited by Kalm for the purpose of inquiry, was some of the earliest settlements of the Swedes, who, of course, had their church.. It was here, too, that the English settlers, before Penn, passing up to Burlington, stopped for rest and refreshment. Little Gloucester would receive its passing tribute of respect, as the first spot settled on our river; if not for having been the only fashionable watering place known to the ancient Philadelphians, and as such eulogized by the historian, and sung by the poet. Burlington, formerly Bridlington, but originally New Beverly, founded on the island of the Indian King Chygoes, a short time after Salem, would claim attention with its antiquities, as mentioned by Thomas; its "stately house; and great market place, with a hall over head for the sessions, its bridges London and York, and its palaces built by the gentry." On the opposite side of the river near the "lower | falls," the inquirer would look with anxiety for the remains of those venerable buildings used for the purpose of worship by the Friends, before Pennsylvania wasand perhaps before the most ancient of the houses of this character, at Shackamazon and Upland. Returning down the shore, Pennsbury Place would excite to sedulous research; it was the residence of Wm. Penn, begun under the direction of his relative Markham, before the governor's arrival. In its lofty halls he often gave audience to the princes of the land, having here concluded no less than nineteen treaties with the natives. The mansion house is said to have been a great and stately pile, built of materials brought from Europe. If tradition be credited it was at Pennsbury Manor, on a stream called Pennsbury, Philadelphia, agreeably to the founder's firt design, was to have been built. Another site for the intended metro polis is supposed to have been on an elevated spot on the lower side of Poetquessing creek. These, with perhaps other places of note, would occasionally arrest the progress of the curious investigator, before the city itself-our fair and beautiful city, arose to his delighted eyes, out of the very bosom of the wilderness. And here with what intense curiosity would its origin be observed, and its progressive details be pursued. First, would appear the shore, so soon to be transformed by the magic of civilization, stretched out in rude magnificence, its "groves of tall pines" in their dark eve green; and its overhanging woods reflected, in their gorgeous autumn livery, from the noble stream that laved its banks. The dense forest here and there pene trated and broken by the arts of cultivation; and clusters of humble cabins seen mingling with its various foliage. On the north the town of the Shackamazons, near the stream, perhaps of their name; a little below, the modest mansion of the friend almost hidden by the spreading branches of The Elm about to become so celebrated. Perhaps an Indian village on the little stream of Coaquenaku. Below the Wicacoa, Swedeshill, crested with tall forests, and, on its brow, the scattered hamlets of the Swedes, the antique hall of the sons of Suen, and the primitive Swedish church in the form and equipment of a military blockhouse. Such might have been the scene, when the eventful landing near Wicacoa, in 1682, imparted to it a new and animated aspect. Then, as the good ship Welcome rides gallantly at her anchorage, and her boats are busily passing to and fro, parties of the natives may be seen, coming round the headlands in their canoes, landing in the coves, or winding down the hills in their lengthened line of march.The pious emigrants have now returned thanks to their Heavenly Pilot, and are dispersed about in anxious groups of men and women and children-traversing the sandy beach, climbing the steep bank, or piercing the tangled thicket. English, Swedes, Hollanders, Welsh, Indians, in all their variety of costume and character, are seen mingled with the English strangers, busily assisting them in every mode of preparation to meet the novel exigency. Conveying their effects from the lighters, or arranging them on the beach, or the bank; in building the fire, or felling the tree, or collecting the branches, or the bark, or the sod; in scooping out the cave, or constructing the light Indian shanta. Perhaps a boat from Jersey is just touching the strand, while outstretched arms and streaming eyes, bespeak the meeting of long severed friends or relatives; and in more than one retire! spot along the shore, affectionate and faithful hearts are mutually pouring forth feelings which time and absence have failed to weaken, or to chill. If the form of William Penn be required, to give completion to the picture, the Founder may be seen as followed by his companions of the voyage, he is conducted by the hospitable Swedes towards the hamlets on the hill; or as he rests on its side, beneath an aged sycamore, surrounded by a group of curious and delighted natives. PENNSYLVANIA CANAL AND RAIL ROAD BILL. Passed March 1828. An act relative to the Pennsylvania canal, and to provide for the commencement of a rail road to be constructed at the expense of the state; and to be styled the Pennsylvania rail road. Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, that the board of canal commissioners are hereby authorised and required, in behalf of this commonwealth, as speedily as may be, to locate and contract for making canals, locks and other works necessary thereto, from the commencement of the Pennsylvania canal, at or near the mouth of the river Swatara to Columbia, in Lancaster county, from Lewistown to the highest point "expedient and" practicable for a canal on the Juniata, from a point at or near Northumberland to the Bald Eagle; on the West Branch from Northumberland to the New York state line; on the north branch from a point at or near Taylor's ferry to Easton, and from Blairsville to the highest point "expedient and" practicable for a canal on the Conemaugh; pro-streams, either by a canal or rail road, "also examinavided that ten miles of the canal from Swatara to Columbia, not more than twenty-five, nor less than twenty miles on the West Branch, and not more than forty-five miles nor less than fifteen miles of each of the other sections aforesaid, shall be put under contract during the present year; and provided further, that so much of the feeder from French creek to the summit level at Conneaut lake, as is necessary to the completion of the same shall be put under contract within the present year. Sect. 2. And be it further enacted by the authority aforesaid, that the board of canal commissioners are hereby authorised and required, previous to the location of that part of the canal, from a point at or near Northumberland "to the Bald Eagle” on the West Branch, to cause a survey and explanation "by an engineer" on the west side of the West Branch, from a point at or near Northumberland to the Bald Eagle, and the said board, after taking into view the relative advantages, facility, cost of construction and interests of the commonwealth, shall decide whether the canal shall be located on the eastern or western side of the said West Branch of the Susquehanna. Sect. 3. And be it further enacted by the authority aforesaid, that the canal commissioners shall cause further examinations to be made between Easton and Carpenter's Point on the Delaware river, with a view of constructing a canal of smaller dimensions, with locks of nine feet width, and "make report to the next session the result of said examinations, stating whether the canal is practicable or not, and at what total expense, designating the estimates of the expense of each mile, separately, and giving the items, and also stating the dimensions of the canal and works so estimated, and" the said canal shall be located, but no part of it put under contract during the present year. Sect. 4. And be it further enacted by the authority aforesaid, that the board of canal commissioners are authorised and required, to locate by the most eligible route, a rail road across the Allegheny mountain, with a view of connecting the Juniata and Conemaugh sections of the Pennsylvania canal, and they are further authorised to make such contracts as will secure the completion of said rail road, as early as the completion of the said sections of canal. and estimates to be made, along the valley of the Monongahela, from Pittsburg to the Virginia state line, and from the borough of Columbia to the mouth of the Conestoga river in Lancaster county, with a view of ascertaining the most eligible mode of effecting a navigable communication, either by a canal or slack water navigation; and also examinations, surveys and estimates, from "Huntingdon through Woodcock valley and Bedford, by the head waters of the Allegheny to Johnstown in Cambria county," with a view of connecting those tions, surveys and estimates from Lewistown by the Kishacoquillas creek, and through the valley of that name, to the town of Huntingdon, with a view to ascertain the best ground on which to locate the Pennsylvania canal," and also surveys, examinations and estimates from some points on the Schuylkill canal, to a point or points on the Susquehanna river, between Catawissa and Sunbury, with a view of connecting those points by a rail road; and that the canal commissioners are authorised and required, to cause examinations, surveys and estimates to be made, from the west end of the borough of York through Gettysburg to Chambersburg, "and also from a point at or near the west end of Harrisburg bridge, through or near Carlisle to Chambersburg," for the purpose of constructing a rail road," and the said commissioners shall also cause to be made the examinations and surveys between the Lehigh and the North branch of the Susquehanna, provided for, in, and by the third seetion of an act, approved the eleventh day of April, eighteen hundred and twenty-seven, entitled, "an act to provide for the further extension of the Pennsylvania canal," and the said commissioners shall report in like manner as is directed by law, in relation to other routes, "Provided, That in contemplation of a slack water navigation on the Monongahela, the commissioners' report shall contain, in addition to the other proper and necessary matters, precise accounts of the number of dams and locks, necessary to be erected, their respective dimensions, their localities, the materials of which they should be constructed, and the plan, manner and estimated expense of the same, separately; and further the plan shall be so arranged if practicable, as to preserve from injury the mill works and water power now in use on said river. The report to be made to the next session of the legislature.' Section 7. And be it further enacted by the authority aforesaid; That the canal commissioners shall cause further examinations, surveys and levels to be made, along the valley of the Allegheny river, from the mouth of the Kiskeminetas to the mouth of French creek, and shall report to the next general assembly upon the practicability and estimate 1 cost of making a canal between the said points, also upon the practicability and the "estimated" cost of improving the navigation of said river Sect. 5. And be it further enacted by the authority "for steam boats," by dams and locks, between the said aforesaid, that the canal commissioners are authorised and points, "also upon the practicability and the estimated required to locate upon the most eligible route, a rail cost of improving by dams and locks, the navigation of road from the city of Philadelphia through the city of the said river, for common canal boats, between the said Lancaster to Columbia, on the Susquehanna, and from points," and also upon the practicability and” estimatthence to the west end of the borough of York, in the ed, cost of making a navigable communication between county of York, "such part of which east of the Susque- the said points, partly by canal, and partly by dams and hanna, shall be put under contract within the present locks, And that the canal commissioners are authorised year, as the canal commissioners may deem expedient, and required to cause further examinations, surveys and with a view to its completion within two years, or as soon estimates, to be made of the Ohio river, from Pittsburg, thereafter as practicable:" provided, That if the canal to or near the mouth of Beaver creek, for the purpose commissioners shall deem it most expedient to locate of ascertaining whether the navigation of said river can the said rail road, where the same shall pass through the be improved at a less expense than by constructing a cacity of Lancaster, north of James street, the privilege is nal the whole distance between said points, and to rehereby granted to the corporation of the city of Lancas-port to the next legislature the practicability and cost of ter to intersect the same by a lateral rail road through the said city, from the said Pennsylvania rail road to Conestoga river, in such manner as may be approved by the board of canal commissioners, and not otherwise. Section 6. And be it further enacted by the authority aforesaid, That the canal commissioners are authorised, and required, to cause examinations, surveys, "levels" the same. Sect. 8. And be it further enacted by the authority aforesaid, that the canal commissioners be, and they are hereby required, during the ensuing year, and previous to final location and letting under contract, to call upon and receive, or cause to be called upon and received. from all and every person or persons, as far as may be practicable, who are, or who may be owners of lands, lots, or buildings, along or near the several proposed lines of canals and rail roads, as provided to be made, or examined by the provisions of this act, acquittances or releases, in whole or in part from any claim to damages which might accrue in consequence of the construction of any part of the contemplated works, and for materials that may be taken to carry on the construction of the same, and in all cases, where the demands for damages are great or exorbitant, or where there is good reason to believe, that such demands will be great or exorbitant, it shall be the duty of the board of canal commissioners to direct an inquiry and examination to ascertain if there is any other practicable route which would equally subserve the public advantage; and if so, that route shall be preferred, on which the damages will probably be the least: provided, that in all such decisions, due regard shall be had to distance, cost, permanency, facility of transportation, and all other considerations affecting the public interest: And provided, that the mere authority to locate, shall not be construed as giving authority to let under contract. Sect. 9. And be it further enacted by the authority aforesaid, that the governor be, and he is hereby authorised to borrow, on the credit of the commonwealth, a sum or sums, in the whole not exceeding two millions of dollars, and the sum or sums so borrowed, shall be paid to, and vested in the commissioners of the internal improvement fund, to be applied by them, in the manner, and for the purpose hereinafter directed: provided, that no engagement or contract shall be entered into, which shall preclude the commonwealth from reimbursing any sum or sums thus borrowed, at any time after the expiration of twenty-five years from the first day of December next; "and in case offers shall not be made within the time specified by the governor for receiving the same, for loaning the whole sum proposed at any one time to be borrowed, at an interest not exceeding five p. cent. per annum; then such proposals as may have been made for loaning at an interest not exceeding five p. c. per annum, sums of one thousand dollars or more, but less in the aggregate than the whole amount proposed to be borrowed, shall be considered as accepted, and such persons notified accordingly." 201 and rail road routes, "and of rivers with a view of slack water navigation," directed by law-and all such sums shall be drawn and accounted for, as is provided by law, provided that the monies necessary for such surveys shall be drawn by warrant of the governor, on the treasurer of the canal commissioners, in favour of the board, instead of the treasurer of the commonwealth. And provided that the fifth section of the act of the 25th Feb. 1826, shall not be construed to prevent the settlement of an account by any acting commissioner or superintendant, for a less sum than $50,000, at any one time.And provided also, that such acting commissioners and superintendants, may receive from the treasurer of the board, in addition to the original sum of $50,000, a further sum equal to the amount for which such settlements may have been made. " And provided further, that it shall not be lawful to apply any part of the monies appropriated in, or to be borrowed, in pursuance of this act, to the payment in part, or in whole, of any charge or demand made, or to be made, by any person or persons whomsoever, for any real or alleged patent right, for the material commonly called water-lime, or hydraulic cement; or for any real or alleged patent right for any substitute therefor-nor shall it be lawful under any circumstances whatever, to pay on behalf of the State, a price for any such material as aforesaid; or for any work or works containing the same, which shall have been, or may be enhanced, in consequence of any such patent; or of any charge or demand made, or to be made, by reason or in pursuance thereof-and the canal commissioners are hereby authorised and directed, on behalf of the State, to protect all makers, venders, and users, of hydraulic cement or water-lime, which shall be made for, or sold and used in the construction of the Pennsylvania canals and rail roads; and it shall be their duty, and they are hereby authorised, to call upon the attorney general of this State, and also to employ other counsel, if need be, to defend all suits at law which may be brought against the said makers, venders, or users, of hydraulic cement or water lime, on the Pennsylvania canals and rail roads, by any such patentee or patentees, or any other person or persons for their use." Sect. 12. And be it further enacted by the authority aforesaid, That the money accruing from premiums and loans hereafter to be received into the treasury, as well as the amount already received from that source, shall be paid by the State treasurer to the commissioners of the internal improvement fund; and the same shall be therein vested in aid of the ordinary operations of said fund, provided however no payment of the sums heretofore received into the treasury on account of premiums on loans, shall be made until, in the opinion of the commissioners, the state of the treasury shall warrant it, and the situation of the fund shall require it. Sect. 10. And be it further enacted by the authority aforesaid, that the governor be, and he is hereby authorised to cause to be constituted, certificates of stock, signed by the Auditor General, and countersigned by the State Treasurer, setting forth that they pertain to the canal loan, for the sums so borrowed by virtue of this act, or for any part thereof, bearing an interest not exceeding five per cent. per annum, and reimbursable as aforesaid, which stock thus created, shall be transferable on the books of the Auditor General, or at the Bank of Pennsylvania, by the owner or owners of the same, his, Sect. 13. And be it further enacted by the authority her, or their attorney, and new certificates of the same aforesaid, That the amount of money heretofore paid by shall be issued by the Auditor General and State Trea- the commissioners of the internal improvement fund, to surer, to the new holders; and it is hereby further de- engineers and the secretary of the board of canal comclared, that it shall be deemed to be a good execution of missioners under the provisions of the second section of the said power, to borrow for the governor of this com- the act, entitled "A further supplement to an act entimonwealth, to cause the said certificates of stock, or tled, an act to appoint a board of canal commissioners, any part thereof, for any amount not less than one thou- passed the 16th day of April, 1827," shall immediately sand dollars as may be judged best adapted for the pur- after the passage of this act be paid over by the treasurer pose to be sold; and the faith of the commonwealth is of the board of canal commissioners, to the commissionhereby pledged to establish a sufficient revenue for makers of the internal improvement fund; and that so much ing up any deficiency that may hereafter take place in of the second section of the act above recited, as directs the funds appropriated for paying the said interest. the mode of paying the engineers and assistants target Sect. 11. And be it further enacted by the authority aforesaid, That it shall be the duty of the commissioners, of the internal improvement fund, to cause to be paid out of the monies borrowed in pursuance of this act, such Sect. 14. And be it further enacted by the authority sum or sums as shall be necessary for the completion of aforesaid, That the State treasurer be, and he is hereby those divisions of the Pennsylvania canal already locat- directed to pay to the commissioners of the internal imed; as well as such other sum or sums as may be neces-provement fund, any sum of money from the balance in sary for the canals, rail roads, and public works, author- the treasury, not otherwise appropriated, which in the ised to be constructed by this act; and also such other opinion of the said commissioners can be done without sum or sums as may be required for the survey of canal i embarrassing the ordinary operations thereof, in anticiNo. 13. men, and secretary of the board of canal commissioners, to be paid by the treasurer of the internal improvement fund be, and the same is hereby repealed. pation of the loan provided for in this act, to be applied as is directed by the "eleventh" section; and as soon as said loan, or any part thereof, shall have been made, and the money arising therefrom, in sufficient amounts, shall have been received into the said fund, the amount of money, so as aforesaid taken from the treasury, shall be repaid thereto by the commissioners of the said fund. "Sect. 15. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the board of canal commissioners so soon as any part of the Pennsylvania canal shall be in a state for navigation, to appoint such and so many collectors of tolls, for the passage of boats and vessels through and along the same, and in such places as they may think proper; and that it shall and may be lawful, to and for such toll collectors and their deputies, to demand and receive of and from the persons having the charge of all boats and vessels, and rafts of timber, boards, planks and scantling, passing through the said canal and locks thereto belonging, such tolls as the said board of canal commissioners may order and direct, and the tolls thus received, shall be paid over by the said collectors quarterly, to the commissioners of the internal improvement fund, and shall be therein vested in aid of the ordinary operations of said fund; and the canal commissioners are hereby authorised to purchase as much ground as shall be by them deemed necessary for the scite of toll houses, and for the accommodation of the toll keepers along the several routes of the Pennsylvania canals and rail roads: Provided, that there shall not be attached to any toll house as aforesaid, a greater quantity than one acre of ground. "Sect. 16. And be it further enacted, by the authority aforesaid, That so much of any act as requires the contracts made by the canal commissioners to be filed in the treasury office, be, and the same is, hereby, repealed; and all contracts hereafter to be made, shall be filed in the office of the auditor general; and the contracts now filed in the treasury office, shall be transferred to the office of the auditor general. Sect. 17. And be it further enacted, by the authority aforesaid, That all the provisions of the acts relative to the Pennsylvania canal as are not inconsistent with this act shall be in force, so far as they are applicable to the subject matter of this act. We this week commence the publication of the report of the commissioners on the Penal Code and PenitentiaSystem; a subject on which the public mind appears to be divided. These commissioners have discussed one side of the question; and those for forming a code adapted to the proposed penitentiary system, have advocated "Sect. 18. And be it further enacted, by the authori- the other; their report will be published after the prety aforesaid, That no canal commissioner or engineer in sent one shall have been finished. We regret the length their employ, or member of either branch of the legisla- of these public documents, yet we believe the subject is ture, shall directly or indirectly, himself or by any other one of great importance to the citizens of this state, and person in trust for him, or for his use, undertake, execute, hold or enjoy, in the whole or in part, any contract upon which, before either system is adopted, the public hereafter to be made or entered into, for the construc- should be well informed. It is not probable, from the tion of any of the public works authorised in this act, or advanced stage of the session, that either report will be for any part of such works; and any person offending acted upon by the legislature until next winter; sufficiagainst the provisions of this section, shall, upon convic-ent time will, therefore, be allowed to weigh all the artion before any court having competent jurisdiction in the case, be adjudged guilty of a misdemeanor, and shall be fined in a sum not exceeding two hundred dollars, and such contract shall be absolutely void. EXPENDITURES OF PHILADELPHIA COUNTY-1827. [Compiled from the Accounts lately published.] House of Refuge; per act of Assembly Loans $5,000 00 guments on both sides, and to prepare the minds of the members for a decisive vote. After all, we are inclined to believe that experienee is the best test of any system, and, as much money has been expended in erecting buildings suitable for making the experiment of solitary confinement, we must confess we should be glad to see that experiment fairly made. Among the warmest advocates for it, are men, who, prompted by benevolent feelings, have reflected much upon the subject, and been for many years actively engaged in the management of institutions, in which they have had opportunities of observing the defects of the present mode of punishment, and whose opinions, therefore, ought to have much weight. Yet we must say, that our own mind is not fully made up upon the subject; there are strong arguments and imposing facts adduced on both sides, and as we said before, we should be glad to have the system of so12,649 13 litary confinement tested by experience; the other sys 29,244 15 1828.] PENAL CODE AND PENITENTIARY SYSTEM. tem has so far failed to produce the desired effect; it is ur wish, as we have no doubt it is the universal desire, to adopt that mode of punishment which shall have the best tendency to diminish crime, reform the criminal and be most consistent with humanity. REPORT ON PUNISHMENTS & PRISON DISCIPLINE. To the honourable the Senate and House of Representatives of the Commonwealth of Pennsylvania. The resolution of the legislature, under the authority of which we received our commissions from the governor, having required of us to submit such suggestions and observations as might be necessary to a proper determination upon the important subject with which we were charged, we now respectfully lay before the legislature an exposition of the principles, upon which we have procecded, in respect to that branch of our duties, which relates to punishments and prison discipline. We have prepared a more elaborate and detailed report than perhaps the resolutions of the legislature seemed to require, because we are anxious to satisfy the public mind, that sufficient pains have been taken to arrive at correct conclusions on a subject so immediately affecting the primary interests of the commonwealth; and that, although we may have erred in our recommendations, they have not been the result of careless or prejudiced examination. We have felt sensibly the weight of our responsibility, and the arduous character of our duties. A question upon which the attention of many civilized nations is at this moment turned, and which has remarkably divided public opinion among ourselves, was not to be settled, so far as depended upon us, without a careful research into facts and experience, a patient examination and comparison of testimony, and an anxious consideration of theories and arguments. Impressed with this conviction, we have earnestly sought after information from every quarter of our own country, and of Europe; we have personally examined several of the penitentiaries in the United States; and we have consulted all the publications to which we could obtain access. The resolutions directing the appointment of a commission, required our report to be made to the succeeding legislature. Our anxiety to submit as full and matured a report as possible induced us to ask of the last legislature an extension of time; which was promptly granted; and we trust, has not been unprofitably employed. Whatever may be the final decision of the legislature on this interesting subject, we shall have the satisfaction of reflecting that we entered upon the discharge of our duties with a single eye to the public welfare, and have spared neither labour nor expense to perform those duties to the best advantage for the commonwealth. 1. Capital punishments. 3. Branding or other marking. 5. Banishment or transportation. 203 7. Imprisonment with labour, but without separation of the prisoners. 8. Solitary confinement, without labour of any kind. 9. Solitary confinement, with labour performed in solitude. sified labour during the day. been practised or suggested; which are not embraced monwealth has been too long, and two distinctly ex1. Upon capital punishments the opinion of this compressed, to permit us to suppose that a suggestion of applying them to any other, than the single case of wilful and malicious murder, could meet with any favour from the legislature. The enlightened and benevolent founder of Pennsylvania set a memorable example to the nations in the Great law; which rejected the severity of the English system, and carefully limited the punishment of death to the crime for which it is now inflicted. Neither the experience of that generation nor of the present, appears to us to justify any alteration of this humane code. It is well settled that the certainty of punishment operates with at least as decisive effect as the severity of it; and the experience of other nations has proved that the multiplication of capital punishments has never stayed the progress of crime, however it may have thinned for a time the number of offenders. But the mere severity of a penal code is known often to defeat its operation; because those who are charged with administering the laws prefer even a violation of their official duty to the sacrifice of human lives; and thus offenders escape without any punishment, to renew their assaults upon society. Reason and experience therefore, the present system respecting capital punishments. we conceive, unite in recommending an adherence to 2. Mutilation of the person of offenders, the barbadiated by most civilized nations. Beyond the mere perrous punishment of a barbarous age, is deservedly repu sonal suffering of the individual subject, it answers no tion is little to be hoped for, while the impression on the one purpose of penal infliction. Reformation or correcpublic mind, produced by the spectacle, is one rather ishment, than of horror or aversion from the crime. If of sympathy with the offender, or of disgust at the punthe mutilation is carried so far as to deprive the criminal of a portion of his limbs, society suffers, in addition, by the necessary support of him during the remainder of his life. Little need therefore be said in opposition to mutilation, as a mode of punishment. The just and enlightened spirit of modern times has established a philosophy of punishments, by the rules of which all systems must be erected, and according to whose principles all suggestions must be shaped. It is a 3. The punishment of branding, or other marking of cardinal maxim of this philosophy, that punishments the persons of criminals, has, we believe, never been apmust be so inflicted, as to produce the most direct and plied to the higher species of offences, and has generalimmediate correction of the offender, with the greatest ly formed an addition to other punishments, rather than possible effect upon the mass of society. Whatever constituted the whole infliction. The observations to goes beyond, or falls short of this object, is an act of op- which it is liable are similar to those which we have adpression to the individual, or of injustice towards the vanced in relation to mutilation. The experience of public, and produces corresponding evils in society, other states and countries has been found, we believe, which all prudent legislators are desirous to avoid. Keep- decidedly unfavourable to it. To fix a mark of public ing in view this fundamental rule, we shall endeavour, disgrace upon an individual, which must remain in all by an examination and comparison of the several modes its deformity to the close of his miserable life, is perpetof penal discipline, to arrive at such conclusions res-ually to cut him off from the sources of amendment, and pecting their practical operation, as may assist the legis- the means of subsistence. Whatever, under other cirlature in determining upon the most judicious and expe- cumstances, might be his wishes for reform, he must dient of the several plans suggested to them. move among his fellow beings as a diseased outlaw, a moral leper; alike detested by the public, and detesting the laws of his country. Once enrolled by this badge among the class of criminals, no alternative seems left to him by society, but to pursue the calling, and acquire The principal varieties of punishment adopted by governments in ancient or modern times, or suggested by political or philosophical reasons, may be classed under the following heads. |