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Of the Accounts of the Schuylkill Navigation Company, for 1827.
6 60 current expenses and repairs 81,390 33
5,531 14 Do. of Rents 5,469 90 Do. paid for Interest
54,885 72 Do. of Loans 75,200 00 Do. paid for Real Estate
1,201 31 Do. Premium of do. 2,040 00 Do. of Individual Accounts
TRADE OF THE RIVER SCHUYLKILL
For 1826 & 1827--compiled from Reports of Schuylkill Navigation Company for 1827 & 1828.
Tons. Tons. Coal 16767 00 31360 10 0 Store goods
2670 00 3621 18 6 Flour, 1826–21,245 bbls. 2023 00
Iron and castings
198 00 487 14 2 Do. 1827–31,436. do. 2994 00 Plaster Paris
908 00 2182 19 1 Grain and seeds
776 0 0 1176 10 0 Live hogs
8 00 22 0 0 Empty casks, kegs and hhds, 18 00
31 10 0
72 00 65 6 2 Butter, lard and pork 41 00 71 17 4 Household furniture
3900 Marble & stone.
1207 00 679 00 Melons and other vegetables 22 00 Potash 8 00 4 15 2 Bricks
105 00 291 5 0 Nuts 3 0 0 18 0 Oysters and seafish
2900 220 13 0 Tallow 6 00 13 1 3 Marble
10 00 Iron 122 001533 3 1 Machinery
7 00 Wood and bark 54 0 0 1279 0 0 Virginia coal
1478 00 1302 13 0 Lumber and plank 1492 0 0 2006 2 0|Logs
500 00 Potatoes
70 17 0
2 10 0 Store goods
11 19 0
31 90 Corn, 1827--12,951 do. 323 15 0||Grain--926 bushels
23 00 Rye, 1827-1,643 do. 41 1 0 Potatoes
5 14 0 Flaxseed, 1827-6,151 do. 153 15 0 Limestone
1697 15 0 Oats 434 5 9 0 Iron ore
494 0 0 Oil 01 5 0 Whiskey ·
2 00 Flax
18 12 2 Leather
6843 0011719 14 3 Paper
35 01 Bark
96 00 In favour of 1827
4876 14 3 Rags
4 10 1 Hides
2 0 0 Soap
3 5 0
DELAWARE & HUDSON CANAL. Sundries
Length 117 miles from Kingston on the Hudson river Hats
18 15 O'to the foot of the railway on the Lackawaxen river, in Glue
2 0 0 Wayne county, Pennsylvania. The whole of the canal Cake meal
98 5 0 to be completed in July 1828, at an expense of 1,500,000 Eggs -745 dozen
dollars. The railway is 164 miles long from the LackaApples-71 barrels
waxen creek over the hill to the coal mines on the LackShip stuff and shorts
50 60 Limestone
awana, overcoming an ascent of 858 feet; estimated 3521 00
cost $178,000. Seven locomotive engines will be emNails
526 5 oployed on 3 planes, and 5 stationary engines and 3 Stone
6078 0 0 brakes on the ascents. The ascents where the brakes
and stationary engines are used, are 5 degrees. The rail25561 0053782 16 3
way will be completed in all 1828. The cost of the locobin favour of 1827
28221 16 31
motive engines will be about $1600 each, weight about
Average temperature of October, 1827, at one o'clock The following resolution was on motion of Mr. Leh
59°--Inaximum 73°-minimum 28o.
Average temperature of November, 1827, at the same man, considered and adopted by the House of Repre hour, 450-max. 67°-nin. 22°. sentatives, on Thursday, Jan. 23, 1828.
Average temperature of Dec. 44 5-10-maximum 61°, Whereas the construction of an artificial harbour in
Amer. Farmer. the bay of the Delaware is essential to a safe navigation and has after a careful examination received the sanction
LEGAL DECISION. of a board of United States engineers, aided by an ex
The Case of the First Buptist Church. perienced officer of the navy: And whereas, the Penn
SUPREME Court, in Bank, January 7, 1828. sylvania canal which will unite the Delaware with the Ohio and the Lakes is advancing rapidly towards com
A difference amongst the members of the above named pletion, and the commercial interests of the western Church, having resulted in a separation of the parties, states will thereby be closely interwoven with Pennsyl- the minority applied to the Supreme Court to be incor. vania.
porated by the name of “ The First Baptist Church of Be it resolved by the Senate and House of Represen- Philadelphia:" no charter having ever been obtained tatives of the commonwealth of Pennsylvania in General since the establishment of the church nearly a century Assembly met, that the Governor be requested to trans- ago.
The instrument of incorporation being duly exmit a copy of the preamble and resolutions adopted at the amined and certified by the Attorney General of the present session, relative to a Breakwater, to the govern- state, and the judges of the Supreme Court, was about ors of Ohio, Kentucky, Indiana, Illinois and Tennessee, being signed by the governor, when a representation with a request that they be laid before the respective from the majority induced him to suspend giving his legislatures, and that they be earnestly solicited to co
sanction until the court should reconsider their certifi. operate with Pennsylvania, New Jersey and Delaware, cate on a hearing of the case. A rule was accordingly. in procuring the construction of a breakwater at the obtained on the applicants to show cause why the certimouth of the Delaware.
ficate should not be vacated.
Randall and J. R. Ingersoll, in support of the rule, THERMOMETRICAL OBSERVATIONS stated the only objection to the charter to be, that the
applicants wished to assume a name which the members AT WASHINGTON, PA.
of the old church had borne for many years, and by
7th January, 1828. which they were known; that the object of the applicaMr. SKINNER,
tion for a charter, was to obtain possession of the proDear Sir,--Below you have an extract from our me perty of the church now in the hands of trustees; that teorological table for the last one hundred days, or from confusion and litigation would arise as to devises; that the 1st of October. I have also set down the quantity the lawfulness which the act of Assembly enjoins on the of rain that fell in the three last montlıs of 1826; and it court to consider and certify, embraces not only what is will be found, on comparison, that a much more bounti- free from actual criminality, but what is improper and ful supply of water has fallen in the same period of the incongruous in any respect. last year,-indeed, our oldest inhabitants do not recol Chauncey and Binney, for the applicants, passing by lect a season so extraordinary for rain. Of the one hun- the consideration of the question whether it was in the dred last days, on forty-six, it rained, with some half a power of the Judges to revoke their acts, where no dozen smart showers of snow. Five mill-dams have been faud or misrepresentation has been used to obtain them, swept off within a few miles of us.
contended that the course prescribed by the act of ag. It has been a most uncomfortable season for the far- sembly, had been strictly pursued: that act requires
Some of the slow and easy ones did not get all persons desirous of being incorporated for any literary, their seeding done-many thousand bushels of potatoes charitable, or religious purpose, to prepare their charter, are yet in the ground, and a considerable quantity of “specifying the objects, articles, conditions, and name” corn is ungathered.
of the association: that the attorney general and court Most of our flocks of sheep look wretched. Unless were required by the act merely to testify to the lawfulwhere they were under cover, they were frequently ness of the “ objects, articles and conditions:" that the soaking wet for ten days together. Great numbers of party applying were at liberty to select and submit any them will never see the first of May.
name, and that it was not in the scope of the judicial The present depressed prices of wool begins to pro- authority to interfere with their choice; that the opposduce an apathy amongst our farmers, which I much fear ing party having never been incorporated, had no legal will prove destructive to fine flocks of sheep. No spe existence, and could not be recognised as possessing the cies of property has suffered so great a depression in our name they claimed, that by virtue of this charter alone country. A good flock of tull blooded sheep sold, a few the minority could have no claim on the property of the days since, at a price not equal to two dollars per head, church, for their existence would only commence now. in cash. You will readily estimate the loss sustained in The counsel on the other side replied, that the power this county, which contains such vast focks.
of granting charters had been given to the supreme The weather continues mild as May. The honey- court to relieve the legislature from the trouble, and the suckle is in leaf, and the buds on many kinds of shrub- parties interested from the delay incident to that course; bery are enlarging rapidly. Whilst I write the thermome that the court stood in their place, and could exercise ter is standing at 60°, and the barometer is down to 28 the same discretion as to the name of an incorporation: 5-10. Yours, &c.
that the legislative power ever did; the name had been In October, 1826. 2 7-10 inches of water fell.
appropriated by usage, and was as distinctive as if it had In October, 1827, 4 7-10 do
been given by charter. In November, 1826, 3 5-10 inches.
The court held the case under advisement until the In November, 1827, 4 2-10 do.
17th inst. when the chief justice and Judge Huston exIn the three last months of the year 1826, 7 6:10 pressed their opinion that the court could not interfere inches.
with the dispute between the partics as it came before In December, 1826, 1 4-10'inches.
them on this motion, and that the charter should be In December, 1827, 8 3-10 do.
granted. Judges Tod and Rogers dissented; and the In the same period of 1827, with seven days of Janu- court being thus divided, the question will probably ary, 1828, 20 4-10 inches.
stand until the appointment to the vacant seat on the In January, 1828, up till 7th, 3 2-10 inches rain have bench shall be made, and the case be re-argued.-Pen. fallen--Rain every day except the first.
On the bench of the supreme court he was associated
with the late chief justice Tilghman, and the present Col. LOVETACE's* ONDER FOR CESTOMS AT THE HOARKILL. chief justice Gibson, until near the close of his judicial "Whereas I am given to understand, that all Europe- termitting labour, the duties of his arduous office. For
career; and performed with untiring industry and uninan goods imported at the Hoarkill, in Delaware Bay, did heretefore pay custom at the rate of £10 per cent. friends, that his health was impaired, and that there was
a few months before his death, it was evident to his and all furrs and peltry exported from thence at the same rate, which turned to some advantage towards the sup- character. He devoted himself, nevertheless, to the
reason to apprehend the approach of a disease of 'a fatal port of government, upon mature advice and consideration had thereof, 1 have thought fit to renew the former performance of his duties, and acomplished, with some custom; and do therefore hereby order and appoint interruption, his share of the business of the fall circuits. captain Martin Prieger, who is a person well versed in
On his way to Philadelphia, he was attacked at Lancasthe trade of those parts, and very well known there both ter, by the disease which had for some time, threatened to the Christians and Indians, to be receiver and coliec. him, with so much violence, as to be unable to proceed tor of the customs at the Hoarkill, where by himself or
on his journey; and after a few days illness, he expired his deputy, he is to receive 10 per cent. of all European members of his numerous and affectionate family.
on the 16th of November, surrounded by most of the goods imported there, whether coming from this place, New Castle in Delaware, or any other part; and ten per the character of Mr. Duncan at the bar, we learn, that
From those who were immediately conversant with cent. also for all furrs or peltry, exported from thence, he was particularly distinguished by quickness and according to former custom and usage on that behalf; acuteness of discernment, promptness of decision, and and all persons whatsoever trading thither, or from thence to any other place, are to take notice thereof, and a ready recourse to the rich stores of his own mind
accurate and practical knowledge of men and things; and to obey this my commission, under the penalty of and memory. Without the possession of many of the confiscation of their goods if they shall presume to do otherwise, the said Capt. Prieger standing obliged to be natural requisites of oratory, he was a skilful, ardent answerable here, for all such customs as shall be receire and indeed eloquent advocate. He knew so well the ed by himself or deputy there, of which he is to render springs and motives of human action, and was so inti. unto me a due and exact account.”—Smith’s Hist. of N. heart, that he seldom failed to command the attention,
mately conversant with the operations of the human J. p. 55. A.D. 1669.
and even the favour of those whom he addressed. In his Governor of New York.
legal arguments, he was always master of the learning of his cause, and in his addresses to the jury, he displayed
a variety of talent seldom witnessed at the bar. In the THE LATE JUDGE DUNCAN.
conduct and management of a cause through all its stages, Few men have attained to as great an eminence in the and particularly in the examination of witnesses, he was profession of the law, as the late Judge DUNCAN. In eminently skilful; and it was within the compass and the very maturity of his faculties, and with a full treasury reach of his powers, to amuse and conciliate by sallies of of legal attainment, he was filling, with honor and use-wit, to interest and persuade by appeals to the passions, fulness, one of the most important offices in civil life, to instruct by erudition and to convince by argument. when by his sudden demise, the Commonwealth was The judicial character of this distinguished man will called to lament the loss of an able and faithful Magistrate. be always revered in Pennsylvania: It was founded upon It is our desire, briefly to notice the life and character an able and faithful performance of his duties. He was of this distinguished man, and to offer a just and affec- well instructed in the great principles of the law, and tionate tribute to his memory.
adhered to them with inflexible attachment. His mind The ancestors of Judge Duncan came to this country was peculiarly active and ardent; and yet he was accusfrom Scotland, at an early period, and his father was tomed to seek, by the most diligent and laborious research among the first settlers at Carlisle, in Pennsylvania. This for the safest lights to guide to a sound conclusion. His was the place of his birth and of his residence until he great experience and observation enabled him to sec was appointed to the bench. He was educated in his quickly and almost intuitively into the business and mernative town, under the immediate care and direction of its of the cause; yet his investigations were patient; but Dr. Rainsay, the historian; and after the completion of when they were completed, his opinions were given with his academic course he studied the law under the late directness and decision. During the ten years that he Judge Yeates, at Lancaster, and was admitted to the bar sat upon the bench, he contributed largely to the stock in the summer of 1781. Nature had given him peculiar of judicial opinion; and he has left behind him in the talents for the profession which he had chosen; and he volumes of our Reports, memorials of his industry, learn. devoted himself with uncommon ardor to the acquisition ing and talents, which will be imperishable. of that knowledge which he knew was indispensable to Amidst as great a multiplicity and perplexity of vocathe attainment of eminence and success.—His rise was tion, as falls to the lot of any practitioner of the law, Mr. rapid, and in less than ten years from his admission to the Duncan, whilst at the bar, did not omit to apply himself bar, he was at the head of the profession in the midland with assiduity to general professional study; and after counties of the state. He rode an extensive circuit, and his elevation to tlie bench, his devotion to legal science although within that circuit there were a number of was entire. He bestowed much attention upon the peJeamed and able practitioners, yet his talents were in re- culiarities of our law; and it is known, that he prepared, quisition for almost every important cause. For nearly with great care, a Treatise upon a case of peculiar interthirty years did he sustain this eminence in the practice; est and importance; the benefit of which, it is hoped, and deservedly reaped the reward due to talents and will yet be enjoyed by the profession and the public. learning faithfully applied to the service of his clients. The life of Mr. Duncan was literally devoted to his la
On the 14th of March, 1817, he was appointed by borious profession, and the service of the state; but governor Snyder, to fill the vacancy in the bench of the though thus devoted, he was eminently amiable and estisupreme court, occasioned by the death of his former mable in his domestic and social relations; and his me. preceptor, Judge Yeates; and shortly after he removed mory will long remain in the affections of many friends. with his family to Philadelphia, where he continued to Judge Duncan survived his excellent friend and assoreside until his death. His appointment to his high Ju- ciate chief justice Tilghman, but a few months: The de. dicial station was creditable alike to him, and to the exe- cease of these two eminent and able magistrates has been cutive by whom it was made. It was a tribute paid to deeply lamented throughout the place; and their characmerit and fitness for office, without regard to differences ters and services will long be gratefully remembered by of political sentiment.
the people of Pennsylvania. - Poulson,
be received for lands owned by the state are appropriat
ed to that fund. In the Senate of Pennsylvania, Jan. 18, 1828.
This has led your committee to reflect upon the pro The following report from the committee on Educa- priety of raising a fund for the support of common tion, was made by Mr. Kelley, the chairman, read and schools, by setting apart for that purpose all moneys laid on the table:
hereafter paid into the treasury for land. The amount The committee on Education, to whom was referred due to the state for land, it appears, has been variously an item of unfinished business of last session, relative to estimated from one to two millions of dollars. Suppose providing a fund for a general system of education, and it to be one million and a balf, it would amount to a larto whom also were referred various petitions on the same ger sum than the New York fund, which, as we have subject, report:
seen before, bas produced such wonderful results. If That the petitions on this subject are numerous, are the money, as it is paid into the treasury, shall be investfrom various parts of the state, and are signed by a large ed in some productive stock, and the interest thereon, number of very respectable citizens. The urgent re invested in like manner, no great length of time will quests of so many of our constituents, and the intrinsic elapse, before the fund will amount to a large sum. The importance of the measure proposed, combine to press particular mode of its distribution, among the several it upon the serious attention of the legislature. The dif- counties and townships, can be better settled, when the fusion of education among the great body of the people fund shall have increased to such a sum as to render the is an object very near the hearts of the benevolent and distribution of its interest expedient. humane. It is conceded to be the most powerful means
The question will naturally present itself, whether the of furthering the cause of morality and religion; and its state of our finances will admit of the substraction of that importance to a country possessing a republican form of portion of our revenue derived from lands. Your comgovernment is universally admitted. To accomplish this mittee has been informed, that as a means of meeting great object, therefore, if within our means would seem, the ordinary expenditures of government, the receipts upon many and high considerations, to be the solemn from lands are not much to be depended on. The amount duty of the government of this state.
is exceedingly fluctuating. The amount received durYour committee are well aware, that the system of ing the last year is pretty large-for some of the precedinternal improvement, in which the state is now embark-ing years it was small.—It would, therefore, seem that ed, is so extensive, that any great disbursements from this source of revenue could be taken for a school fund the treasury for any other purpose are not now to be ex- with less inconvenience than either of the others. The pected. All that your committee can hope to see done amount to be received during any year from the interest at present, is to begin the accumulation of a fund which of our bank stock, from auction duties, from tavern shall be solemnly pledged to this object. They hope licenses, &c. can be estimated with tolerable accuracy; that the annual additions to be made to this fund, and while that to be received for land is wholly uncertain. the interest thereon will in time carry the blessings of Your committee can see no reasonable doubt, but that common schools into the most remote parts of the com- independent of the moneys due for land, the state has monwealth.
ample means of defraying the ordinary expenses of Your committee are no friends to a servile imitation of government.-And in respect to the canals now conthe institutions of our sister states; but they see no rea- structing, the money for lands comes in too slowly to asson why we should not adopt such of their laws and sist much in their construction. And the friends of the usages as are found to work well in practice, and which canal are ofopinion, the canals themselves will be a source we, in the exercise of our judgment, approve. It is no of revenue, before any considerable part of the money objection to these, that they were not originally com- due for lands can be received into the treasury. menced here, if they are right and proper in themselves. It may not be here amiss to observe, that the money, By the report of the superintendant of common schools due to the state for land, will probably be paid into the in the state of New York made to the Legislature in treasury more cheerfully and promptly, when the payJanuary, 1827, it appears that that state has a school ers know that they are thereby laying up a rich inherifund amounting to $1,253,477. This fund, during the tance for posterity, and opening the gates of knowledge year 1826, yielded the nett income of $85,267. This and science to all their descendants in all time to come.. amount of money was divided among the several town. The constitution of the state, which we have severally ships upon the principle, that each township should sworn to support, enjoins upon us the duty of providing contribute to the support of the schools an amount equal for the general education of the people: the voice of our to that received from the school fund. This, it appears, fathers, therefore, from the times that are past, urges us was done by all the townships. With the money so rais- forward to this measure, and gives incalculable force to ed, common schools were supported in the ycar 1826, in the other many and weighty considerations which induce 8,114 school districts into which the state of New York its adoption. is divided; and the average time of instruction in the schools was 8 months of that year, In these schools, dur
PENITENTIARY SYSTEM. ing the year 1826, there were taught 431,601 children. The whole number of children in that state, between
[The following letter was not intended for publication the years of 5 and 15, was that year 411,256. So it when it was written, but the value of the opinions which appears, that there were educated in these common it contains induced a request, that the writer would schools in that year a number of children greater by permit this use to be made of it, to which he politely 16,206 than the whole number of children in the state, consented.] who were between the ages of 5 and 15 years.
Dear Sir, This result your committee think is admirable. All I meant to have said, when we were interrupted to the rising generation of a great community are instruct. day, that the charge of cruelty is a very vague one. ed in the rudiments of learning. The doors of the com- All punishment is an infliction of some sort, doing vio. mon school houses are'open to all without distinction, and lence to the feelings of the culprit, and therefore produthe children of the rich and the poor meet there in the cing pain. This is literally truc even of the correction participation of a common benefit, upon terms of the of children. most perfect equality. Such a system is above all praise Most punishments, too, are of a nature to endanger and deserves imitation every where.
more or less the health of those who are subjected to Your committee are not informed of all the sources them. Restraint merely—the least of all, may shock the from which the government of New York have derived constitution of a man accustomed to the free use of their common school fund, but they observe that in the liberty. A change of diet, especially with those who new constitution of that state, all moneys thereafter to have been in the habit of immoderate indulgence, inay
in like manner have a dangerous tendency. And so of but without injury to the health or morals of the patient, many others.
there is nothing in the objection. Punishment ought to Every protracted punishment is in some degree liable be severe, if it is meant to operate at all. People are to the objection last mentioned. Those which are short, not sent to prison, to enjoy there the comforts and luxu. the pillory, whipping post, and the gallows, are free from ries of life. It may be replied, further, that admitting it it. They do no more than they are intended to do. to be severe, or even very severe, before it can on that But they are not free from the imputation of cruelty. account be condemned, it must be compared with any
Confinement in jails, has, its peculiar evils. If they other practicable mode of punishment, and a fair comare crowded, there is danger to health, and even to life, parison made of the cruelty (so called) of each. And in as the frequent occurrence of fevers sufficiently proves; making this comparison, we must take into the account, and they are certainly ruinous to the moral constitution the general merits of the respective plans as they tend of the patient. The representation of the convict, more or less to the welfare of society, and of the unhappy whose letter you have published, is undoubtedly true. subject of punishment. If there is a well grounded hope
If the prison be not crowded, still as long as there is of lessening the quantity of crime and thus promoting association, there will be an accumulation of corrupting the general happiness and security of society, and if and corruptible materials, and consequently an increase there is also a hope of reforming the criminal, or even of corruption. Our prisons are schools of vice, where deterring him from a repetition of crime, these are & most finished education is obtained, if we may call by powerful considerations to be placed in the scale against that name the maturing our worst propensities by a specific objections of severity. Nor, in this estimate, stimulating culture.
must we forget, that this plan of solitary confinement These things are cruel, in a certain sense. The has one peculiar and great recommendation which no greatest cruelty of all, is that which exposes the one can question. It will prevent prisoners from injurprisoner to the danger of infectious communication ing cach otirer by vicious instruction, a most cruel thing, calculated to destroy all remnant of moral principle. it must be admitted, as it relates to those who are exposIt makes him a candidate for further and greater punished to such a noviciate, and as it relates to society in ment, and, as it were, prepares his neck for the rope. general.
Cruelty, in my opinion, is properly imputable only to I intended to write a sentence or two, and I have got unnecessary in Aiction of pain or suffering. If a man were upon the second sheet without saying a word that is new placed in a hospital to cure him of habits of intemper- to you, who have so well considered the whole subject. ance, he would be likely to suffer inuch pain if liquor It gives me an opportunity, however, to say, that I ear. were not allowed to him; and yet, no one would affirm nestly hope the experiment will be macie, and also to that there was cruelty in withholding it.
assure you of my respect and regard. Supposing punishments not to be merely vindictive,
Yours, very truly, they must operate by terror, by reform, or by disabling
JOHN SERGEANT. the culprit to repeat his misconduct. The only effectu ROBERTS Vary, Esq. al mode of accomplishing the last of these purposes, is perpetual imprisonment or death. In graduating the scale of penalties, these are very rightly reserved for MANINE BARRACKS, Philadelphia, Jan. 8th, 1828. extreme cases. We may therefore dismiss them from our Dear Sir,-I have the pleasure to acknowledge the consideration. To operate by terror, where there is no receipt of your favour of the 5th instant, requesting my reform, you must employ as much cruelty as will opinion of the effects of solitary confinement, in precounterbalance the influence of temptation upon a mind ference to the lash, or any modes of punishment which predisposed to crime. What this may be, I believe no have been adopted by the marine, or land service of the one yet knows, for certainly our prisons have not been United States.” In reply, I shall confine myself to such able to inspire their inmates with salutary fear. On the facts and observations, as have come within my knowcontrary, it would seem, that when a culprit has once ledge in the course of public duty. been in jail, the jail becomes thenceforward his home, During a period of several years in which I was in serfrom which he is only occasionally absent during the rest vice previous to the repeal of the law of congress, auof his life.
thorizing punishment by stripes and lashes, it became my To work a reform, as has already been intimated, our duty as an executive staff officer, to carry into effect all present system is proved to be inadequate. It is worse. sentences of courts martial at head-quarters. In the The offender becomes hardened by its operation. It is painful discharge of this duty, I could not fail to observe therefore, inefficient in both points of view. Ought we the good, or bad effects of this degrading, and I was not then to try the plan of solitary confinement? about to add, inhuman system. The result of such ob
The objection to it is, that its severity would be in- servations during four successive years, was, that in the tolerable. As it has never been fairly tested by experi- numerous instances which came under my notice, I can ment, this objection must, for the present be somewhat recollect but one, in which a reformation was effected conjectural. There may be individuals who will not be solely by the lash. During the period above alluded to, able to endure continued solitude for a considerable the corps of marines was commanded by a native of this length of time. In such cases, some modification in state, who was as distinguished for all the essential quali. their favour may be necessary. Experience will show to ties of a gentlemen, as lie was for humanity and active what extent this ought to be made. That there are any benevolence. His duty often called upon him to sancto whom solitary confinement, eren for a short time,' tion the proceedings of courts martial, inflicting punishwould be fatal, or even highly injurious, may well be ment by the lash, which his better feelings revolted at. doubted, for we have had frequent instances of its inflic- Finding that he could not, consistently with the respect tion without such effects.
that was due to the opinion of many of his officers, reWithout, therefore, undertaking to decide how far it init the sentences legally awarded, he converted one of will be effectual for the purpose of reform, I think the the rooms in barracks into six cells, or places of solitary experiment ought to be made. It may fail, but it has confinement, and thus, in all cases, in which he was not yet failed, and if it should succeed it will do infinite authorized to act without the intervention of a court, good. If not, we are at least in the way of our duty in substituted a confinement to these apartments, for the making it, and it will be time enough to abandon the lash. His humane efforts were crowned with the happiest effort, when it has been tried, and found wanting. effects, and procured for him the spontaneous and grate.
To return, however, to the charge of cruelty, with ful epithet of the “soldier's friend.” During this periwhich it has been stigmatized in advance, and therefore od, and until the repeal of this degrading law, I can bear gratuitously. It may be replied, in the first place, that testimony in numerous instances, of the most complete if it be only meant that the punishment will be severe, reformation resulting from solitary confinement; and this