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chaining the convict, if deemed necessary. Each apartment has two doors. The one on the inside, is composed of wood, and has a small opening for the admission of air, light, and provision; the other on the outside, is of heavy bar iron, and is secured with ingenious and powerful fastenings. The main or front building is 122 feet long, 46 high, and is flanked by two circular towers, surmounted with battlements. It has an exterior wall 25 feet high, with two other towers, equally distant from the principal building.

The penitentiary erecting near to this city will be larger, and in The area enclosed is 650 many particulars essentially different. feet square, and the surrounding wall (which, by an inclined coping for its cover, projecting on the inside four feet, will frustrate the most active efforts to escape) is estimated to be thirty feet high from the level ground on the inside. There are seven blocks of buildings, each distributed into 38 cells, which are twelve feet long and seven feet wide, with separate exercising yards about the To prevent same width as the cells, and nineteen feet in length. conversation between the prisoners, the partition walls between The wall next the passage is the cells, are two feet in thickness.

of similar thickness, and the floors, of solid masonry, are grouted two feet in thickness, and covered with a strong oaken floor, by which excavation and escape beneath will be impossible. The cells will be heated by hot air, supplied from furnaces under the passage at the head of each cell, near the centre building, called the observatory; which will obviate the necessity of introducing a separate fire place into each. More security and economy, and less superintendence are effected by such a diffusion of heat. For light and ventilation, convex reflectors, called deadeyes, of eight inches diameter, are inserted in the barrelled ceiling. But besides this, there are ventilators in the form of funnels going through the roof, six inches in diameter, by which the cells will always be free from noisome and unwholesome air. A reservoir, which will be connected with the culvert of a neighbouring street, and by means of conduit pipes always filled with water, leading from each apartment, is most admirably contrived for draining all the filth of the prison. The doors of each cell are next the yard, of which there are two; that on the inside is wrought grated iron, and the other on the outside, wooden, which will be left open when

See "The Pittsburg Directory" June 22, 1826.

occasion requires, particularly in warm weather. There is no door next the passage but a feeding drawer or peep-hole, answering every purpose for the admission of food and raiment, which can be given without the criminal's seeing the face of his keeper. A simple bed for each cell is intended to be provided, which will be hung against the wall, and be made to button with the bedding enclosed in it, out of the way, during the day time.

These seven blocks containing in all 266 cells, form radii to the observatory or watchhouse, which is so situated and constructed as to command a view of every prisoner without his knowledge or observation. By means of a platform to be erected on the outside of the observatory, a single watchman can overlook every cell, and detect every attempt to scale the minor walls. The belfry is placed over the keeper's building in front, to give alarm on the occurrence of any accident. That part of the lot over which the building will not extend is of triangular form, and intended for the cultivation of vegetables, whose effect on the atmosphere of the enclosure, it is hardly necessary to observe, will be purifying and salutary."

From a building so wisely adapted to a fair experiment of the effects of solitude, combining the opposite advantages of entire privacy and absolute cleanliness, just punishment and true mercy, at an immense expense to the commonwealth, much is to be expected. In his solitary apartment, without a friend to soothe or an allurement to flatter, will the felon brood over the outrages he has committed on society, feel the compunctions of an offended conscience, and converse with that best admonisher-his heart. Who will say that the expectations entertained of it will not be realized?

u The knowledge of these particulars of the new penitentiary, has been derived from an examination of the prison,

and the birds-eye view, with its accompanying description by Mr. Haviland, the ingenious architect.

CHAPTER VIII.

REFLECTIONS ON SOME OF THE EXISTING PUNISHMENTS.

It is obvious that an alteration of penalties is contemplated by the Legislature, to adapt them to the New Penitentiary. The first query that presents on this subject is, are the present punishments relatively just, and if so what abbreviation in the term, and alteration in the kind of punishment should take place?

With reference to the relative justice of the present inflictions, I may be permitted to observe, that an intent to perpetrate a felony should be punished with a view to the character of the crime attempted, and in proportion to it. Without entering into detail, it is believed, that, in some instances, this is disregarded in the existing laws.

Rape, which is punished with not less than ten nor more than twenty-one years, is exalted beyond arson, the punishment of which cannot exceed twelve years; and beyond murder in the second degree, whose imprisonment is not less than five nor more than eighteen years. In no state in the union, that I can find, whose penal laws have been revised, since the revolution, is the punishment so long. In Geor a the period of incarceration is not less than two nor more than twenty years; and in New Jersey not more than fifteen.

With regard to the punishment of arson, an alteration has already been suggested.d

Counterfeiting the coin is punished with not less than four nor more than fifteen years' incarceration, and voluntary manslaughter with not less than two nor more than ten years. Why is counterfeiting the coin elevated above other kinds of forgery, the latter being punished with not less than one nor more than ten years' incarceration? In this country counterfeiting the coin is not considered crimen læsæ majestatis.

a See Pamphlet Laws of the last Session, p. 413, where the governor is authorised and required to appoint three commissioners to revise the penal code.

+ See the punishment in Missouri, Laws of Missouri, p. 283.

b Prince's Digest, p. 349.
c New Jersey, p. 246.
d See page 38.

The punishment of assault and battery, being at common law, may be for any period. Thus a malicious justiciary may sentence one for life for a simple battery, and though the executive may interpose his prerogative, yet it is presumed, for the security of society, all punishment should be fixed by written laws. In Rhode Island the penalty, imposed by a justice, is a fine not exceeding twenty dollars or imprisonment not exceeding twenty days; but if this punishment appears to be inadequate to the offence, the party offending shall enter into a recognizance to appear before the supreme judicial court, where he may be imprisoned not exceeding six months or fined not exceeding one hundred dollars.f

For profane cursing and swearing in England, the fine is augmented in proportion to the rank of the aggressor. Partially recognizing this distinction in Georgia, profaneness by a public officer, is visited with the forfeiture of a greater sum than by an ordinary citizen. It is a little surprising that the laws of this state contain no similar provision, although the reasons of the dif ference seem to be satisfactory. These reasons are greater ability and responsibility, for surely the influence of evil example is commensurately increased with the eminence of the individual from whom it comes.

Drunkenness is punished with a fine of sixty-seven cents and imprisonment for twenty-four hours. Should not a crime, which endangers so much the peace of families and society, debases the nature of man, destroys his intellectual vigour and disqualifies him for all kinds of useful exertion, be visited with a severer penalty? And the same remark will apply in this case, with regard to the standing of the offender, as in profane swearing. It would appear from the great prevalence of this evil, that nothing less than doubling the penalty on its repetition will be efficient in diminish-⚫ ing it. A difference of punishment too ought certainly to take place in reference to occasional and habitual drunkenness. The habitual drunkard may be deprived of his property as one non compos mentis; but as a civil prosecution is seldom attempted, from the tenderness of those relatives at whose application it must be, estates are ruined and families reduced to penury. But should

e Laws R. I. p. 148.

f Ibid, p. 350.

g 4 Bl. Com. p. 59.
h Prince's Digest, p. 513.

not every well regulated community impose the duty on public functionaries to guard the rights of the defenceless and to punish the disorder of its citizens, for the sake of the public example? This can be done, only, by obliging the public prosecutor to bring offenders of this kind to trial, and upon proof of habitual drunkenness, by imposing confinement long enough to effect a reformation. A law of Rhode Islandi requires, that on conviction of habitual intoxication, the sale of liquor to the drunkard shall be publicly prohibited under a penalty, by posting in conspicuous places in the town in which he resides, and the towns in the neighbourhood. Reasons have already been assigned, why a distinction should not obtain between the punishment of horse-stealing and other larceny. The grounds were two: that, the scarcity of horses not being felt, no peculiar severity is required for the protection of agriculture; and that the easy identity of the horse would be the sure means of detection. No distinction it seems obtains in New Jersey; in Rhode Island the punishment of horse-stealing is three years confinement, fine and whipping.

A kind of stealing, established in the case of Commonwealth vs. Tyson, and denominated constructive larceny, has excited some attention and discrepancy among lawyers. Indeed, it may be averred, that the principle of this case has very few advocates.

The defendant, a broker, falsely pretended that a man was waiting with stock-shares of the Commercial Bank, which the prosecutrix wanted; and on receipt of the money to purchase them, converted it to his own use. The check, given to him for the shares, included the amount of his commissions. This was declared to be constructive larceny. The circumstances of the case of Commonwealth vs. Lewer, very recently decided in the Supreme Court, were of a worse description. The defendant obtained goods and money under pretence of being his brother's factor. He went to a mercantile house in this city, spoke of purchasing goods as his brother's agent, and said he was in the daily expectancy of receiving funds. Again he called, pretended that a sum had been deposited for him in the Southwark Bank, and purchased. The amount of goods bought did not amount to the sum said to be deposited; and on settling for the goods he gave a check for the whole

i Laws R. I. p. 297.

k See page 40.

1 Laws N. J. revised, p. 252.

m Laws R. I. p. 344.

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