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vote in what had been called his own cause, during the BILL OF MORTALITY IN PHILADELPHIA. debate on the celebrated Westminster scrutiny. But it is demonstrable that not even the personal interest of the individual would be promoted by permitting him to vote on his title to the office. Though returned jointly, the commissioners are elected severally; insomuch that some of them may be elected by illegal votes, while the votes of the others may be above suspicion.

Now as the board must necessarily pronounce separately on the election of each according to its peculiar merits, I can descern no reason on the score of community of interest, to exclude the other two. Then suppose the board to be constituted of eight who are equally divided on the election of the ninth; and the consequence is, that the return would be established for want of being successfully impeached, because if that were not so, the new commissioners would neither be admitted nor rejected, nor could a new election be ordered. The vote of the ninth therefore would produce no effect, but when given in a way to turn the scale against himself; and, it seems to me, the public ought not to be deprived of the benefit of that contingency, however remote it may appear to be. If the eight were divided unequally, the vote of the ninth could produce no effect whatever. Now, strike out all the commissioners elect,and we'shall obtain exactly the same results with the board constituted of six. The only effect then which the votes of the new commissioners can produce, is to prevent a majority of the old board from controlling the public will:the very point which, it seems to me, the legislature intended to secure.

Angina Pectoris
Apoplexy

Asthma
Atrophy
Bronchitis
Cancer
Casualties
Catarrh

Cholera Morbus

FEBRUARY, 1830.

Adults. Child'n. Total.

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Puerperal
Typhus

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Dysentery
Epilepsy
Eruptions

Fever

Bilious

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11

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314

On the last point, I have the misfortune to differ from all my brethern. By the act of 1722, the powers and jurisdiction of this court are declared to be the same as those of the King's Bench, which grants writs of mandamus to restore officers of corporations, and freemen wrongfully disfranchised, as well as informations in the nature of quo warranto against usurpers of the franchises of the crown; and, in the exercise of its visitatorial powers, corrects abuses by judging of the circumstances and merits of the complaint. But even conceding to this court a concurrent jurisdiction with the commissioners, yet the judgment of a court of competent jurisdiction directly on the point, is, when coming before another court of concurrent jurisdiction collaterally, conclusive of the fact adjudicated. The Common Pleas has concurrent jurisdiction where the cause of action is of less value than a hundred dollars; yet it would not be competent to re-examine the judgment of a justice of the peace in a collateral proceeding, further than to ascertain the question of jurisdiction. So the Common Pleas and this court have concurrent appellate jurisdiction of proceedings under the landlord and tenant act, and perhaps in a few other cases; yet after affirmance or reversal in the Common Pleas, there is no means of drawing the matter into controversy here, but a writ of error to that court. In courts of common law, the rule is without an exception. The case of a prisoner removed on a habeas corpus, may be re-heard on a fresh writ; but only because the order is not a judgment that may Worms be made the subject of error or a certiorari. This court has, however, not even concurrent jurisdiction. As it cannot take cognizance of the election return before the 145 Commissioners have pronounced on it, the original juDeduct casualties, still born, old age, sudden and the risdiction of the board must necessarily be exclusive.-number of deaths by actual disease would be 273.. As, therefore, this court has no other jurisdiction of the proceedings of that tribunal, than what it may exercise that of January by 34! The whole number of deaths in February exceeds in respect of the proceedings of every other inferior court from which an appeal is not given and whose errors are subject to correction only for irregularity, it cannot now pronounce upon the legality of the return: so that from the principle held by the majority on the main point in the cause, it would seem to follow that the rule ought to be made absolute as to all, whether the validity of the election were competently determined against the respondents by a majority of the old commissioners, or determined at all. I am, however, for discharging it as to all.-American Sentinel.

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74

Feby 6th to the 13th

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86 Between 40 and 50
50 and 60
60 and 70

Deaths in February from 1807 to 1829.

20 To the Senate and House of Representatives of the Commonwealth of Pennsylvania.

17

22 GENTLEMEN,
17

6

3

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The general health of the city and its suburbs remains in the same favourable condition, as was noticed in our report for January. Several cases of Scarlet feyer and measles have appeared in different parts of the city-from each of which, as it will be perceived, one or two deaths have occurred. Neither of the diseases have, however, prevailed to such an extent as to claim the title of an epedemic. The Small-pox is evidently upon the decline. It is a curious circumstance that eruptions of the skin have been, during the past winter, more numerous than has been observed at almost any former period.

State of Thermometer at the Health Office, for February,

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We have the honor to transmit to you the annexed report, containing the information relative to the convicts confined in the western penitentiary of Pennsylvania, required by the 1st article of the 8th section of the act of the 23d of April, 1829. And in further obedience to the direction of that law, we beg leave to submit for your consideration, the following observations, the result of our very short experience, upon the condition of this prison, and the system of solitary confinement now pursued in Pennsylvania.

The plan and construction of the penitentiary buildings under our superintendence, is so essentially connected with this subject, that it seems proper to call your attention immediately to it.

The fund of $3,000, appropriated by the 11th section of the late act, to the western penitentiary, to be appropriated by the inspectors in making "such alteration of the interior of said penitentiary, as in their opinion will best adapt the same to the provisions of this act," came to the hands of the board at so late a period, that it was not deemed advisable to expend it during the last quarter of the late year. Great difficulty, in its application, so as to meet the intention of the law, presents itself to the minds of the board; indeed, it is doubted whether it be possible, by any reasonable expenditure, on the present plan of the building, to accomplish any thing more than solitary confinement. This matter will be better understood by a reference to the plan, which it is presumed will be found among the archives of the legis lature. There is perhaps, no trade or occupation, at which a convict could work in any of the cells. pendent of the want of room in a kind of vault, about 7 by 9 feet in the clear, there is not sufficient light; the only supply being what can reach the culprit after passing through the narrow gratings of a heavy iron door,hung on stone jambs 3ft. thick, after passing through an out door, and across a vestibule 6 feet deep. Constant confinement in these cells, is found incompatible with the health of the convicts, and we have found it necessary to permit two or three to be out alternately, which gives an opportunity of intercourse to about 20 in each section, that greatly diminishes the benefit of solitary confinement.

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It is proposed to remedy this evil, in the application of the fund so far as it will extend, by enclosing a yard or court in front of each cell, about 12 or 15 feet deep, with a high brick wall, in which the convict can have 3. air and exercise. This improvement, necessary to the principle of solitary confinement, will make an alteraS4 tion in the present mode of heating cells, necessary; 35 which will be attended with great difficulty in preserv 32 ing a uniform temperature. They are now heated by 37 stoves placed at suitable distances in the piazza or pass43 age in front, a door opening on each side of the vestibule 49 in front of each cell, in order to transmit the heat along 48 the line, making it practicable for the tenant of each 47 cell to speak to two or three on each side. These doors 46 will have to be built up, and the heat if possible trans47 mitted in pipes. The most effectual plan, and perhaps 44 ultimately the most economical, would be by the intro45 duction of steam conveyed in pipes, as it is in our cot47 ton factories. The board have taken some pains to as48 certain the expense of this mode; and find the apparatus for generating and transmitting heat through the whole establishment, would cost about $10,000. Two of the towers, which appear to the board to be useless for any other purpose, might be occupied as places for generating the steam. The propriety of appropriating 5,000 dollars, the sum necessary for heating half the number of cells in this way, is respectfully submitted to the le

On the 1st of January last, there were in the Penitentiary, in Philadelphia, 556 convicts,and during the year, 251 more were admitted; of these, 330 left the prison221 by the expiration of their sentence, 34 died, 3 escaped, and 72 were pardoned. Of the latter 38 had been convicted for larency, 11 for forgery and passing forged paper, and 6 for murder in the second degree.

gislature. Something of this kind would appear indispensable, in order to carry fully into effect the principle of solitary confinement; a principle of such high importance in the estimation of the board, that it lies at the basis of all their hopes of advantages to be derived from the penitentiary system. How far it may be possible, when the contemplated improvements are effected, to connect labour with solitary confinement, will have to be tried. To make it practically useful in defraying the expenses of the institution, appears to us a hopeless

concern.

In the attempt to combine and effect the two objects, (labour and solitary confinement,) an obs'acle at once presents itself, and probably, an insurmountable one; arising from the circumstances, that but few of the convicts have been taught trades, and only a small portion of these are of that kind that can be followed in a small cell in solitary occupation. The question then occurs, how are you to teach and give trades to the greater portion, without associating them with those who can instruct, and thus breaking in upon and destroying the principle of solitary confinement?

Although every thing may be done within the power of the inspectors and keepers, by books, instruction, caution and advice, to produce a change for the better upon the minds of the convicts, yet we do not feel authorised to say, with an experience of only six months, that ignominious confinement and labour will obtain the great and benevolent object of the law, and become "the means of reformation, so that when restored to their liberty, they may prove honest, industrious and useful citizens."

It will always be consistent with that spirit of philanthropy which distinguishes the legislators of Pennsylvania, to keep in view, and employ all the practicable means for the reform of public offenders; and every good citizen would be happy to witness the success of such laudable effects--yet we cannot but believe and recommend, that certainty in the punishment is, above all others, the primary object in forming a criminal code, and the one the most likely to be the salutary means of deterring from the commission of crime. You may, possibly, in very rare instances, produce reform, by making upon the mind of the convict moral and religious imIt seems to us that a cell so constructed as to afford pressions; but let the rule of punishment, the sentence the proper personal security of the convict, and to give deter and thereby save a much greater number from of condemnation be certain and inflexible, and you will full effect to the punishment of solitary confinement, becoming offenders. Vigilance in our officers, togethmust be totally unfit for the purpose of labour, and the occupation of a tradesman or any mechan-ishment certain and severe, without injuring the health er with the strength of the building, will render the punical business. Hence it is, that in giving employ of the convict; and there is nothing which can prevent ment even to the shoemakers (a trade more easily pur- the wholesome benefits resulting from the example and sued singly than any other,) we have been obliged to from the terror to others, but the exercise of the contake them from the cells, and put them to work togeth stitutional and executive power of pardon. Clemency, er in a large room in one of the towers. whilst it is an acknowledged virtue in the breast of the individual, is frequently yielded to by the public officer in cases in which it would be much better for the general good that it should be suppressed, and the law permitted to take its course. It is wise and necessary that the power of pardon should be constitutionally vested in the chief magistrate of the state, and cases may occur, but we humbly think they are very rare, in which it should be exercised. In Pennsylvania, such is the benign administration of the law, that we have never known an innocent man to suffer as a public culprit, but we have known many guilty to escape.

Some alterations in the front buildings, so as to make it afford accommodation for more than one family, are deemed necessary by the board. This huge mass of hewn stone, 120 feet long, and from 30 to 40 deep, and four stories high including the basement, has room enough in it for at least four families; and yet, such is its construction, that it allows but an uncomfortable accommodation to the warden's family; obliging the keep ers and other officers, of the institution, to live in the towers adjoining, within the penitentiary, which is found very disadvantageous to the discipline of the institution. Ahout 2,000 dollars would make the only prac ticable alterations, and it is hoped will be authorised.

The inconvenience and difficulties arising out of the construction of this building, are to be ascribed to the circumstance, that by the 3d section of the act of the 3d of March, 1818, the commissioners were directed "to construct the penitentiary upon the plan exhibited to the legislature by the inspectors of the prison of the city and county of Philadelphia." This plan was filed in the office of the Secretary of the Commonwealth, and furnished to the board here for their guidance; and so strictly were they confined to it, that it was found necessary to apply to the legislature and obtain an express law, authorising any, even the slightest variation from it. Apparently it is a plan, not for the combination of labour and separate confinement, as contemplated by the present law, but was formed with a view to the principle of solitary confinement only: and such are its defects, that this single object is very imperfectly obtained. It was unfortunate that the building was first put up, and the system of punishment afterwards prescribed. In such case, it could not be reasonably expected that the plan would be will adapted to the present combined principle.

The provisions of the late act, prohibiting the indiscriminate intercourse of visitors from curiosity and worse motives, are found very sulutary, and it is hoped they will not be withdrawn.

To provide for the moral and religious instruction of the convicts, without allowing any compensation, has been found difficult. It is submitted whether a small sum might not be wisely assigned to this object, to be applied at the discretion of the board.

The frequent exercise of the power of pardon destroys the certainty as well as the just severity of punishment. We observe in almost every case, that the bars of the cell are scarcely closed upon the culprit, when he begins to talk of a pardon, & his friends and associates out of doors commence the work of importuning (and frequently of deceiving) the Governor, and appealing to all the fine feelings of his nature for a remission of the punishment. The prospect of his forgiveness bears up the prisoner, keeps alive his hopes and his spirits so as to lighten the sentence, and scarcely permit him to feel the intended weight of his punishment.

With these impressions upon this subject, in order to avoid the frequent importunities of the associates and acquaintances of convicts, and the appearance of voluntary interference in their behalf, the board of inspec tors deemed it necessary to adopt the rule that they will make no representation and give no certificate of the conduct of a prisoner, unless specially required by the Governor.

These observations are made in a spirit of very great respect for that high officer of the government in whose hands the power of pardon is very properly placed.— They cannot be intended as made for the purpose of confident dictation or obtrusive complaint, but are merely given as the result of our experience and observation as inspectors of this prison, and appear to be called for by the act under which this communication is made.

Our experience and intercourse with the prisoners, authorise us in saying, that rigid separate imprisonment, cutting off all communication, even with the human voice, and not to be relaxed upon any occasion, is one of the severest punishments short of death, that can be

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inflicted on a public offender. It tames, humbles and breaks down the spirit of the most hardened and desperate felon. And if any thing can be relied on to bring him over to a proper course of reflection, to repentance and reform, it is this unbending and austere solitary confinement. All the convicts here admit its distress and severity, and ask for labour. Solitary labour is an alleviation of their punishment.

169

small advance upon the actual cost of purchase of each of the items, thus avoiding the occurrence of a deficiency, for the payment of which, there is no provision in the law.

The attention of the legislature is very respectfully called to the mode prescribed in the ninth section of the law, for the payment to be made by each county, of the expenses of maintaining and keeping its convicts.— This re-payment of expenses by the several counties of the district, constitutes the fund, and only means by which the institution is to be maintained, and the system carried on. The counties can only be called upon annually, on the first Monday of May, to pay the orders transmitted upon the preceding first Monday in Febru ary. Of course, the penitentiary must always be in advance for one entire year, in the maintenance of the convicts for the whole district.

On the other hand, from the same sources of information, we are led to believe that the association of the prisoners in common yards or large rooms, however severe and laborious their employment may be, renders the punishment night and of little consideration with them, and certainly if it does not completely destroy, re-drawn by the inspectors, founded upon the accounts moves to a great distance every prospect of moral reformation. If these impressions be correct, it places before our legislature this difficult and doubtful choiceto give up the hope of reform, and employ the convicts in a community of hard labour, and thereby lessen the expenses of public punishment-or, to increase these expenses by adhering to the hope of reform in prosecuting the system of solitary confinement, with a poor prospect of efficiently combining itwith productive labor. By a reference to the annexed tabular report, it will be seen that the whole number of convicts upon this day, in confinement in the Western Penitentiary is 59 that the number has more than doubled within the year-that the one-half describe themselves as natives of Pennsylvania-and of the whole number, seven are females, sixteen negroes, and seven are known to be oldment, much to be regretted, and injurious to the public offenders, having been the tenants of other penitentiaries, and no doubt there are others of the same character, if the truth could be discovered.

It would be highly satisfactory, and probably attended with beneficial eTects, if a plan could be adopted to facilitate the means of ascertaining whether a convict, when brought to the prison, is an old offender or not. This object might be obtained by an interchange of reports amongst the several penitentiaries of the Union, descriptive of the convicts and giving any other information tending to identify their persons. This interchange, it is presumed, could not be enforced by any legislative act, but would depend upon the courtesy of the officers of the several institutions, which might be encouraged by a law requiring it to be performed on our part, and authorising the payment of the expenses attending the prosecution of the plan. The accompanying table also shows that but very few of the prisoners are convicted for crimes of great atrocity. The ordinary and prevail ing felony of our country appears to be that of larceny, for by the document now laid before you, out of the fifty-nine cases, forty-six of them are for the commission of that offence, and a great majority of these cases are convictions for pilfering articles of inconsiderable value. In order to spread before you all the information in our power, in relation to the condition and expenses of the institution under our inspection, we deem it our duty further to say to you, that the officers of the prison, consist of a warden, at a salary of $600, one overseer at a salary of $400, one watchman at a salary of $365, a clerk at a salary of $200, who also performs the duty of religious instructor, and one physician, at a salary of $300, making the aggregate amount of salaries the sum of $1,865.

The western district consists of twenty-four counties, eleven of which have no convicts in the penitentiary.The accounts which have fallen under our inspection for six months, ending on this day, against the remaining thirteen counties, for the expenses of maintaining and keeping" their several convicts, amount to the sum of $2,012.37, of which the county of Allegheny alone pays $986.01, very nearly the one half of the whole a

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Our present means of support, until after the first Monday in May next, depend upon the collection of balances due upon the 1st of July last, when the new system went into operation-some of these balances are withheld, and payment refused. Notwithstanding these circumstances, as we are now going on, & if we continu e to go on smoothly, this system may answer the purpose, now & then only causing the inconvenience of a balance against us, upon the books of our treasurer, but in case of any unforeseen occurrence, or special emergency, the in stitution might be involved in difficulties and embarrass

interest. It might readily be rendered unable to provide for its wants and the support of its inmates, by a sudden and considerable increase of convicts; or by a portion of the counties disputing their accounts, and refusing to make payment, a case which sometimes happens; and it also occurs, that with the best disposition on the part of the county officers to make payment, our warrants are frequently drawn upor, and presented at emp. ty treasuries.

Should it prove practicable, too, upon further experience, to employ the convicts at hard labour, there is no fund provided by law for the purchase of tools, machinery, and the materials of manufacture.

If these suggestions should be found to be correct, two inquiries might, with apparent propriety be made.

1st. Would it not be expedient to pass a law, giving a summary remedy, for the recovery of debts due to the penitentiary, by the several counties for the maintenance of their convicts-making the accounts rendered, when attested by the warden and clerk, and sworn to by the inspectors, prima facie evidence of their correctness?

2d. Would it be safe, in case of any particular emergency, to authorise the inspectors, upon receiving the approbation and warrant of the governor, to draw upon the state treasury, for such sum as might be deemed necessary, not exceeding a limited amount?

Recurring to a fact mentioned in a foregoing part of this report, showing how unequally the expenses of sus taining this establishment, fall upon the counties of the state, connected with many considerations of a public nature, an important question, and one which engages the attention of many of our citizens, very fairly presents itself. Ought not the penitentiaries to be maintained from the treasury of the state, and not by the counties, according to the number of their several convicts! To throw the expenses upon the state at large, would be equalizing the burden, and making it fall much lighter, if felt at all, upon our citizens. Those crimes for which the guilty are condemned to suffer imprisonment and hard labor in the penitentiary, are public and general in their nature, there is nothing local, or peculiarly affecting, or injurious to that particular county, in which they happen to be committed. The offence consists in a vi olation of the general laws of the commonwealth and ought not therefore the expense of the punishment of the offender, be borne by the community, complaining of the injury. This inquiry may be elucidated, and the

It is

inequality and burdensome nature of the present sys-
tem, may be seen by turning to the case of the county
of Allegheny. This county you may say, bears one-balf
the expenses of supporting the western penitentiary
To be sure, it is much more populous than any other
county in the district. But it is not to this circumstance,
nor to the character of its population, that the fact to
which we call your attention, is to be attributed.
owing, in a great measure, to the accidental geographi-
cal position of this county upon the map of the state,
situated upon, and at the confluence of two great riv-
ers, being upon the very thorough-fare and great high-
way, from the east to the west and south-west,-many
wandering and emigrating vagabonds are brought with-
in its limits, and there commit their depredations.-
Why, it may be asked, should the mere accidental cir-
cumstance of the commission of a crime within the lim-
its, or just across the line of a county, by the inhabitant
of another district, or of another country, imposé upon
that county all the costs and expenses of the punish-
ment of the guilty stranger?

In making this report to the gentlemen of the Senate and House of Representatives, we trust we have been governed by the spirit of the law of the last session. If we have passed beyond the provisions of that act, and submitted observations not therein required of us, we hope the error will be ascribed to an anxious wish to give what little information we possess upon a system which is now the subject of public investigation, and is deeply interesting to the commonwealth.

We have the honor to be

With great respect,

Your obedient servants,

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JOHN M'DONALD,

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WM. WILKINS,

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JOSEPH PATTERSON,

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WM. ROBINSON, Jr.

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JOHN IRWIN.

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Western Penitentiary, Jan. 1, 1830.

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BEAVER AND SHENANGO CANAL.

At a very large and respectable meeting of the citizens of Pittsburg and its vicinity, held, pursuant to adjournment, at the Court house in the City of Pittsburg, on Saturday evening, the 20th February, the Hon. WM. WILKINS in the Chair, and W. W. FETTERMAN, Esq. Secretary. The object of the call of the meeting on the former evening, (Wednesday,) when the meeting was interrupted by an alarm of fire, was stated by the Chairman.

Mr. Benjamin Bakewell having withdrawn the resolutions offered by him on the former evening, on motion of Mr. J. B. Butler, the following preamble and resolutions were read and unanimously adopted.

WHEREAS, a junotion of the Pennsylvania and Ohio Canals is a consideration of the first magnitude, both as it regards the interests of this city and of the state; and as such a junction will become practicable and easy, if our Canal be continued to the Lake by the Shenango Route; and as it is perfectly demonstrable that this junction would give to Pennsylvania the control of the

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