Chapter II: Front Matter (2)

_Influences of the Systems Compared._—There is nothing, as we believe, in the working of our system, which can make the prisoners _worse_ than when they enter; but on the contrary there is much, the direct tendency of which is to make them better. We are well aware that _all_ are not reformed by it, though we thankfully trust that such is the result with regard to many. Under the discipline of the “Auburn System,” we can hardly see how reform amongst the prisoners can be promoted. And we are convinced that there is a mistake in the confident claim set up, that, as conversation between the prisoners is almost wholly suppressed, they cannot corrupt each other, and consequently, if not made better, they at least cannot be made worse. The very fact that the prisoner, in daily, though silently, meeting in the workshop a large mass of fellow-convicts, is sensible that he is surrounded by, and on the same level with, the off-scouring of the community, degrades him in his own estimation, and silently, perhaps slowly, but almost inevitably, sooner or later, drags him down, till he becomes sorrowfully demoralized. In confirmation of this, it may be mentioned that one of our own members, in the course of a visit a few months since, at the State Prison at Auburn, was informed by the officer in attendance, that amongst their convicts there were ministers, doctors, and lawyers. Upon this, our member inquired if they there maintained a deportment consistent with their previous position in society. The reply was: “For a short time they do; but they soon sink to the level of the most degraded.”

Another point of much consequence, in comparing the “Congregate” and “Separate” systems, is,—that by the former, each of the prisoners becomes familiarly acquainted with the countenances of the others, and consequently, on meeting after leaving the prison, an immediate recognition takes place between them, and on the principle that “Birds of a feather flock together,” they are united by a kind of sympathy, which is anything but salutary; while by the latter, never having seen each other during their incarceration, there is no danger of their being drawn into evil association after their discharge.

_Reference to Publications._—Our time and space forbid our extending this branch of our subject. Before leaving it, however, we think proper to refer to two or three, amongst the many publications in which interesting and valuable views may be met with on the subject of prisons, particularly such as relate to what we have been endeavoring to set forth as the “Pennsylvania _Separate_ System” of prison discipline, and its practical working.

First. Those eminent men and close observers, De Beaumont and De Tocqueville, who visited this country from France, a few years after the opening of our Eastern Penitentiary, for the purpose of examining into the character of our institutions generally, in their work, entitled “Du Système Pénitentiaire Aux Etats-Unis” (the Penitentiary System in the United States), give some very satisfactory views with regard to the working of our Penitentiary, where they spent considerable time, visiting all the prisoners by permission of the authorities, and remaining in their cells in private sufficiently long to obtain from the inmates a knowledge of the practical working of the system upon them. This work, in the original French, and also an English translation of it, by Professor Francis Lieber,—himself eminent as a close observer, and deep thinker on the subject of penal laws and penal institutions, and their systems of discipline,—are to be found in the Society’s Library. The translation is accompanied by some very valuable Notes by the translator, and in an Appendix to it there is an Essay, by the same, treating specially on the “Pennsylvania System,” republished from the Encyclopædia Americana. A small volume, entitled, “Prisons and Prisoners,” by Joseph Kingsmill, chaplain of the “Pentonville Prison,” near London, conducted very much upon our system, is well worth reading. We would also refer to an elaborate “Essay on Cellular Separation,” written by our fellow-member, William Parker Foulke, under appointment by “the American Association for the improvement of Penal and Reformatory Institutions,” and read before that Association at the Annual Meeting, held in New York, in the autumn of 1860, as being an able exposition of our system. This Essay was published by our Society soon after its preparation.

_Misstatements corrected._—In this connection, it is due to the cause of truth to say that Charles Dickens, the novelist, in his report of his visit to the Eastern Penitentiary, contained in his “American Notes,” makes representations so palpably erroneous, as to appear to those familiar with that institution and its government to be absolutely absurd. But as he uses the form of a direct reference to particular cases, strangers will more readily than they otherwise would adopt his statements as setting forth the truth. It should be remembered, however, that the celebrity to which this author has attained, is as a writer of “fiction,” not of truthful narrative or history. In this instance, (possibly without being aware of it), he has maintained the consistency of his literary character. The late William Peter, the worthy consul of Great Britain, residing in this city, soon after the book of Dickens was published, made a personal examination into each of the cases referred to, and in a letter to the late Job R. Tyson, thoroughly refuted the misrepresentations.

_Application for County Prison granted._—In 1831, the Legislature provided for the sale of the Walnut Street Prison, and for the erection of a largely increased number of cells in the Eastern Penitentiary, so as to be prepared for the reception of the inmates of the former. The Society being apprehensive that the principle of separation might be interfered with by the sudden introduction of so large a number of prisoners, memorialized the Legislature to have another prison erected on the same principle, for the use of the county. A law was soon after passed, providing for the erection of one for the use of the city and county of Philadelphia, capable of holding at least three hundred prisoners, on the principle of separate confinement.

_Bad condition of County Prisons._—The receptions into the Eastern Penitentiary from other parts of the State, afforded constant evidence of the miserable condition of the County Prisons. The prisoners received from them were so injured by the abuses and bad management and arrangements prevailing there, that it was very difficult to maintain the consistency of the Penitentiary discipline, or to secure its legitimate results in such cases, and it was, therefore, deemed essential that the system of separation for all classes of commitments should be introduced into all the County Prisons, and in 1832 a Committee of the Society was appointed to investigate the condition of these prisons throughout the State.

_Matrons._—In 1833, the Society represented to the Prison Inspectors, the propriety of appointing matrons to have charge of the female prisoners.

_Public Executions._—In 1834, the views of the Society were met, by the passage of an act requiring all sentences of death to be executed within the walls, or yard of the jail, limiting the number and character of the witnesses allowed to be present, and forbidding the attendance of any person under age.

_Care in relation to the New County Prison._—Early in the year 1835, the new County Prison being nearly ready to be occupied, the Society became much interested in the system of discipline to be there adopted; for though the Act itself provided for individual separation, it was feared that the character of the prisoners to be received might lead to a relaxation of this essential principle. They, therefore, appointed a committee to take the matter in charge.

_Plans for County Prisons._—Instructions were given to the Acting Committee in 1836, to have plans prepared for the County Jails, on the separate system. And upon their report in 1838, the legislature was memorialized by the Society, to appoint commissioners to investigate the condition of these jails.

_Annual County returns of Crime, &c._—In 1839 and 1840, the Acting Committee of the Society was engaged by calling the attention of the Executive to the subject, and otherwise, in endeavours, by legal enactment, to secure an annual return being made to the Secretary of the commonwealth, with regard to the condition of all the county jails, and the proceedings in the criminal courts; giving full statistics on all points of especial interest, with a view to aiding in adapting legislation to the existing state of things in the prisons, and improving the criminal code, where necessary. Although a law was subsequently enacted, to effect this very desirable object, it has been almost wholly without operation.

_Moral and Religious Instruction._—From its first introduction, moral and religious influences, and instruction were considered to be necessary adjuncts to the separate mode of discipline. This subject was consequently referred to a committee of the Society in 1841, and in 1843, the appointment of a special officer as a moral instructor for the Philadelphia County Prison, was reported, his salary being paid by private subscription. Such an officer had been appointed in the Eastern Penitentiary in 1838.

_Quarterly Journal._—The Society had, at different times from its rise, expended considerable sums of money in publishing pamphlets, &c., with a view to enlightening the public mind, and thus furthering the benevolent objects for which they had associated, and for the promotion of which they were so constantly and zealously laboring; and, finally in the autumn of 1844, it was deemed expedient to commence the publication of a quarterly journal, as furnishing a means by which they could embody in a more permanent form, the results of their observation, inquiry and experience, and might also embrace other kindred subjects. In pursuance of this conclusion, at the beginning of the next year, the first number of the “Pennsylvania Journal of Prison Discipline and Philanthropy” was issued, and, (with the exception of one year,) has been continued until the close of last year, (1861,) comprising in all 16 volumes.

“_House of Refuge._”—In 1845, after observing the successful progress of the House of Refuge for juvenile delinquents for a period of nearly twenty years, the practice of frequently sending boys of an older and more hardened character, to be confined there with the younger and less so, was seen to be an evil which ought to be remedied if practicable. The subject was discussed by the Society from time to time, and the suggestion was made that a prison on the separate plan, somewhat modified from the penitentiary, should be erected for the reception of this older class, but the heavy cost of such an establishment seemed to be an insuperable difficulty in the way at that time.

_Abuses in County Prisons._—In the autumn of 1846, one of the officers of the Society, who had personally visited and inspected several of the county jails, made a voluminous report of their condition. His leading representations were, “the entire neglect of wholesome discipline, the intermingling of prisoners of both sexes and all ages, and every grade of crime, from murder to misdemeanor, and the idle and vicious habits in which the prisoners were allowed to live, made it almost a matter of doubt, whether the public would not, in the end, gain by abandoning most of the jails. Cases were mentioned, in which men had escaped and found honest employment, who, if they had staid their time out in jail, would probably, have sunk irreclaimably through the influence of such associations, as they must have encountered there.”

_Vindication of our System._—In 1847 a volume was published in Boston, under the title of “Prison Discipline in America,” which was ably written, and though not _intending_ to misrepresent our system, really did so very greatly, from a want of a correct knowledge of the facts. The author being a gentleman of standing, and his work being favorably noticed in two of the principal periodicals published in that city, it was found that the prejudices previously existing against the system we had adopted, were likely to be strengthened and confirmed. To counteract this, and enlighten the public generally in relation to the true character of the “Pennsylvania System,” a pamphlet, written by one of our members, was published by our Society in 1849, entitled “_An Inquiry into the Alleged Tendency of the Separation of Convicts, one from the other, to produce disease and derangement_,” by a citizen of Pennsylvania: 160 pp., 8vo. This work had a wide circulation, and we trust has had a salutary influence in removing unfounded prejudices, and correcting erroneous impressions.

_Colored Criminals._—In 1849, the Society entered into an investigation of “what was alleged to be a marked difference between the length of sentences passed on colored convicts, compared with those passed on whites, and also the comparative mortality of the two classes.” For the interesting results of this investigation, see the first number of volume 5th of our Journal, January, 1850.

_House of Correction._—The Visiting Committee of the County Prison became early sensible of the imperative necessity for some plan being adopted by which to remedy the great evil to the prison and its proper inmates, and burthen to the community, resulting from sending there a vast multitude for vagrancy, intoxication, and disorderly conduct, of which classes alone, the number committed in 1850 was 4,557. (The number of these for 1860 was 16,793.) Many of these had sufficient bodily strength and ability to earn their own living, but their idle and dissolute habits would be continued so long as food and lodging were furnished them, either in the almshouse or jail. “To mitigate, if possible, this evil, and to relieve the community to some extent of the burthen it imposes, the Society adopted a resolution in 1851, to inquire as to the expediency of establishing a House of Correction, or probation, intermediate to the Almshouse and Prison, for the reception and employment of this large class of persons; and such measures were adopted by the parties interested, as led to the passage of an act in 1854, establishing such an house. The appropriation for the object was sufficient for an ample experiment, though the details of the bill might be open to some grave objections.” It is much to be regretted that from various considerations operating upon the different parties on whom devolved the duty of executing this law, its provisions were not carried out, and it consequently became inoperative.

Neither the Prison Society nor the public were satisfied with this failure, and the subject being renewedly pressed on the attention of the Legislature, a new act was passed in 1860, under which a Board of Managers have been appointed, and from the character of their preliminary action, there appeared to be ground to hope that this highly important advance in the reformatory movements of our Commonwealth would soon be carried into effect. There is great reason, however, to apprehend that the present disturbance in the country may retard it.

_Revision of the Criminal Laws._—In 1857 the Society memorialized the Legislature to appoint a commission to revise and modify the criminal laws of the State; and in 1858, a committee was appointed to proceed to Harrisburg to promote the passage of the requisite law for the purpose. The efforts of the Society in this behalf proved successful, and resulted in such a revision and modification as must be productive of much good, although the commissioners did not feel authorized by the character of their appointment, to go into all the questions suggested by our Society.

We have now accomplished what we designed in the projected plan of this report, in tracing the history of our Society from its origin down to quite a recent period; yet our sketch, extended as it has been, fails to make anything approaching to a full exhibit of its doings during that time.

It remains for us now to bring into view the principal transactions of the last year or eighteen months, from which we think it will be evident that “The Philadelphia Society for Alleviating the Miseries of Public Prisons,” is still alive to the interests of humanity connected with its sphere of action, as in its early days, and standing as a “watchman upon the walls,” both to detect abuses which may exist, and use efforts for their removal, and to avail itself of every opportunity which may present for furthering the progress of penal reform, not only within our own City and State, but also amongst our neighbors.

_Prison at Washington._—In 1860 we were informed that there was a proposition to erect a new prison at Washington City, and our Society immediately took action in relation to the subject, with a view to communicating with the authorities there, and urging upon them the importance of making their arrangements so as to adapt them to introducing the system of cellular separation. Circumstances, however, prevented this communication from being made, and we believe that no actual steps have yet been taken by them to carry out their proposition, and we have recently had accounts of a most deplorable state of things in their jail. Shocking as the account is, we can only appropriate space to introduce one short quotation, to wit, “In other portions of the building are narrow passages, five feet wide by twenty-five feet long, upon which open three cells. In each of these, only _ten_ feet long by _eight_ wide, _ten_ prisoners sleep, and during the day the whole _thirty_ have merely the liberty of moving through the twenty-five feet of crowded and fetid passage-way, without books, papers, work, or any mental distraction beyond the idle words of their companions.”

_New Prison in New Jersey._—Learning also that a proposition to erect a new Penitentiary in the eastern part of the State of New Jersey, was likely to be brought before their Legislature last winter, our Society adopted a memorial of a character very similar to that of the communication intended to have been forwarded to Washington, and appointed a committee to take charge of it. A part of this committee visited Trenton, and in a very satisfactory interview with the Governor, were assured of his cordial co-operation in promoting our views. The memorial was duly presented to the Legislature. No action, however, has yet been taken in reference to this important matter, and it is feared that the terrible calamity which has overtaken our beloved country will occasion its postponement.

_Proposed Change in Mode of Appointing Inspectors._—A movement having taken place in our State Legislature in the session of 1861, to take the appointment of the Inspectors of the Eastern Penitentiary from the Supreme Court, where it had been placed by law; our Society immediately forwarded a remonstrance against the proposed change. They apprehended that the motive to this was, at least in part, political partisanship, and whether so or not, the result, if successful, would almost inevitably be to drag our noble Penitentiary and its government into the arena of partisan politics, which would be a deplorable calamity. The change was not made.

_Law for shortening Sentences._—At a stated meeting of the Acting Committee, held October 18th, 1860, the following preamble and resolutions were introduced, and being unanimously adopted, were referred to a special Committee of five members, to take the subject into consideration, and make report thereon to a future meeting. To wit: “Whereas, the hope of reward is to the human mind one of the strongest incentives to good conduct; and as, in this enlightened age, such incentives are found to be more humanizing than punishment, which partaking of the character of vengeance begets its like, as a natural result, in the mind of its victim; and as under the present humane mode of treatment of another class of sufferers, kindness and consideration are found more effectual as remedial agents than chains and dungeons, which were formerly resorted to. And whereas the opportunity of doing overwork in the prisons of our city has been attended with advantage, by promoting the benefit of the prisoner, and contributing to the good order, as well as to the pecuniary profit of the Institutions, thus giving reasonable ground for believing that further service may be rendered to the cause of humanity, by taking another step in a like direction, it therefore becomes those interested in promoting the improvement of their kind, and in relieving the miseries of public prisons, to consider whether there be not a mode, by which those convicted of crime may be further encouraged in a course of good conduct, and confirmed in habits of morality and good order. Therefore—Resolved: That a Committee of —— be appointed to take into consideration, and report, whether some plan may not be suggested, by means of which the terms of sentences might be somewhat shortened, dependent on a continued course of good conduct of the prisoner; thus encouraging them in the practice, and perhaps establishing the habit of subordination and submission to those in authority, and to the laws of the community; and also to consider any other plan likely to produce the same effect, that may occur to them, or be presented for their consideration.”

At a stated meeting of the Acting Committee, held February 21st, 1861, the Committee appointed to take into consideration the foregoing Preamble and Resolution, made an elaborate and able report, signed by four of the members, of which the following is an abstract. They inform, that after first entering on the consideration of the subject, they concluded to ask a conference with the Inspectors of the Eastern Penitentiary, to ascertain their views in relation to the matter. That their application to the Board was referred to the Visiting Inspectors, with whom the desired interview was obtained, and the result was sufficiently encouraging to induce the Committee to give the subject further consideration. They subsequently concluded that it was expedient to adopt the principle of the Preamble and Resolution referred to them, and prepared a schedule of such apportionment of the time proposed to be deducted as appeared to them suitable; and they agreed to propose to the Society that an application should be made to the Legislature for the enactment of a law to carry the same into effect. This result was arrived at after much reflection on the subject, and inquiring into the results of the practical working of the system in five of the States of the Union, to wit: Massachusetts, Michigan, Wisconsin, Iowa, and Ohio, where the plan had been several years in operation, and the testimony of the Inspectors and Wardens of the prisons where it prevailed was highly approbatory.

The Committee also, in the course of the consideration of the subject referred to them, applied to Judges Thomson, Allison, and Ludlow, of the Court of Quarter Sessions of this county; Ex-Judge King, largely experienced in criminal jurisprudence; Ex-Judge Lewis, of the Supreme Court, and Wm. B. Mann, District Attorney, asking their opinion in relation to the proposed measure. A written reply was received from each of them, expressing favorable views.

[As it is proposed to publish this Report, with the letters of the Judges and District Attorney, in an Appendix, in full, this synopsis is deemed sufficient for our present purpose.]

The Committee appended to their report the following Resolution:

“Resolved, That a Committee of five be appointed to apply to the Legislature for the passage of a law, in conformity with the recommendation set forth, with authority to proceed to Harrisburg, to endeavor to procure its enactment.”

They also appended thereto a schedule of the proposed deduction to be made for continued good conduct on the part of prisoners.

The time of the meeting at which the report was received being so occupied with other matters as not to allow of a full discussion of a subject of such importance, it was concluded to adjourn for one week, for this special purpose.

At the adjourned meeting, held February 28th, it was taken up and freely discussed; but without taking the question on its adoption, it was continued over to the next stated meeting, with an understanding that it should then have precedence of all other business. Accordingly, at this meeting, March 21, 1861, a full expression of the views of the members, in regard to the measure, took place. After which, the question was taken by yeas and nays, and resulted in its adoption by a decided majority. And at the next meeting, one of the members who had voted in the negative, asked and obtained leave to have his name recorded in the affirmative, on the ground that he had voted under a mistake. Thus, the final result was the adoption of this important measure, by more than two votes in the affirmative, against one in the negative. A memorial to the Legislature, asking for the passage of a law to carry out these views of the Society, was immediately adopted, and being duly signed by the President and Secretary, a portion of the Committee attended with it at Harrisburg, to represent the Society in making such explanations as might be called for, and urging its passage. This was accomplished in the Senate, about two weeks before the close of the Session, the bill sent up by the Society having been by each House first referred to the Judiciary Committee for examination and approval. Final action on it, in the House of Representatives, did not take place till near the close of the Session. The Act being passed, was approved by the Governor, and became a law on the first day of May last. It is intended to publish it in the Appendix hereto.

We understand that the Inspectors of our County Prison are acting under this law, and we trust its salutary influences will soon become apparent. At the Eastern Penitentiary we learn that no direct steps have been taken towards carrying it into effect, unless the fact of their having opened a book, in which cases of prisoners _sentenced since its passage for a term of over ten years_, are entered with a view to applying its provisions to them, may be viewed as such a step. They have declined acting, on several pleas, which we think untenable. One, that the Act is ambiguous and its true meaning not susceptible of interpretation. Another, that such a law is unconstitutional. But we submit whether this latter question should have been raised by them, when the same body of gentlemen about the time this Act was passed, that is, in their Annual Report issued in January 1861, recommended to the Legislature the adoption of the following provisions, embracing precisely the same legal and constitutional principles.

_First._—“That in all cases of first conviction for crime,
of minors, the term of imprisonment shall be terminated by
the Inspectors, with the consent of the president judge of
the court in which said minor was sentenced, when in their
opinion the punishment has produced its expected results.”

_Second._—“That in all cases of first conviction for crime,
of persons between 21 and 25 years of age, the term of
imprisonment shall in like manner be lessened, as a reward
for good conduct, by the reduction of three days in every
thirty, after the first twelve months of imprisonment.”

We, however, think that it would be illy worth our while on this occasion, to enter into an elaborate defence of the law, especially, as it is probable that measures will soon be taken to procure a judicial interpretation of it. We shall, therefore, dismiss the subject after merely putting ourselves right, in relation to some erroneous ex parte statements with regard to our Society, unnecessarily introduced into the recently published Special Report, in which the committee of the Inspectors undertake to discuss and condemn the law in question. First. In two or more instances, it is stated that the passage of the Law was procured by “members” of the Society; in one, the assertion is that “some _one or two of the Prison Society’s Committee_ caused the Act, under examination, to be enacted into a law.” The history of the whole business which we have just given, from the first introduction of the measure to the notice of the Acting Committee, till it became a Law of the State, abundantly proves that it was the _Society_ which was acting; sometimes, in its associated capacity, and sometimes, through its individual members, who were empowered to act for it. The _Society_ appeared at Harrisburg by a _delegation_, not in a _body_. Second. Certain paragraphs or passages are introduced into their Report, which are said to have been extracted from an article entitled, “Considerations respecting some recent legislation in Pennsylvania, originally written for the Journal of Prison Discipline, vol. 16, October 1861.” The extracts themselves present an erroneous view of the proceedings of the Society, but, we are willing, for the present, to let them pass. But the implication in the Report, that the Society or its Acting Committee, had cognizance of the article referred to, when offered for publication in their Journal, is calculated to make an erroneous impression. Neither the Society nor the Acting Committee had any responsibility, either for the acceptance of the part published, or for the rejection of the remainder. It never came under their notice, till after it was printed and circulated.

_Abuse of Power by Magistrates._—The corrupt and oppressive abuse of power by the Committing Magistrates is a great evil with which our Society has been battling almost from its origin, but without yet vanquishing it, as the report of the Prison Agent for the last year will abundantly prove. We have a committee under appointment in charge of the subject.

_Pardons._—The pardoning power, and the manner in which it is exercised, have also recently again claimed our attention.

_Tobacco._—The Inspectors of our County Prison have adopted a rule by which the use of tobacco has been entirely excluded from the prisoners confined there, unless it be in cases strictly medicinal. This rule has been in force for upwards of two and a half years, and the resident Physician, in each of his Annual Reports, has spoken in strong terms of its salutary results. Its use has not yet been prohibited by the Inspectors in the Eastern Penitentiary, though the quantity allowed to be furnished has been much reduced. Our Society has had under the care of a committee, the consideration of the propriety of memorializing the Inspectors in favor of adopting a similar rule to that in force in the County Prison, but no final conclusion has yet been arrived at, so far as to justify any official action. In the meantime, however, the visitors are encouraged to use moral suasion amongst those using it, to abandon the practice. It is very satisfactory to know that this course has been successful in several instances, and that the individuals have since expressed their conviction of the advantage of this change in their habits.

_Discontinuance of the Quarterly Journal._—The publication of the Prison Journal, which was commenced in 1845, as heretofore stated in regular course, was maintained at a heavy charge upon our funds, so that after payment of the other current expenses incident to conducting the Society, such as compensation to the Prison Agent, room-rent, slates, copy books and other stationery for the use of the prisoners, &c., the balance, to be appropriated to the relief of discharged prisoners, and other practical objects properly having claims on a “Society for Alleviating the Miseries of Public Prisons,” was very small, and as appeared to many, insufficient. They doubted its being a legitimate appropriation of so large a portion of the income, and individual members frequently conversed together on the expediency of discontinuing the publication, the annual cost of which was about $550. In 1858 a resolution to discontinue it was introduced, and earnestly and largely discussed, but on a pledge given by those desirous of continuing the publication, that they would take such steps as would secure an ample addition to our annual income, it was agreed that it should not be suspended at that time. Efforts were made soon after, which resulted in an increase in the annual subscriptions for one or two years, but each year since, a number of our subscribers declined paying, and the calamitous war which has overtaken our country, has occasioned such a reduction of our means, both actual and prospective, as to make it evident that we must either suspend the publication, or suspend the appropriation, which was already much too small, for the relief of discharged prisoners. In this state of our affairs, many of the members could not hesitate a moment which alternative to choose, and therefore a resolution for its discontinuance, and the substitution of a full Annual Report was introduced and entered on the minutes, with notice by the mover that it would be called up for consideration at the meeting to be held three months after its introduction. At the meeting designated, it was accordingly taken up and extensively discussed in the “Acting Committee,” and a resolution referring it to the next stated meeting of the _Society_, with the recommendation that the measure should be there adopted, was passed by a large majority. Accordingly, after being freely discussed by the Society at that, and also an adjourned meeting, it was adopted in a modified form, by which the _Quarterly_ publication should be discontinued, and an _Annual_ Journal substituted for it, which should contain an Annual Report, and such essays or other matter as might be offered, and be deemed suitable by an Editorial Board, to be elected for the service.

Before leaving the subject of the discontinuance of our Quarterly Journal, it is proper to refer to its late editor, our fellow member, Frederick A. Packard, who took charge of it a few years after its commencement, and conducted the publication with marked ability from that time till its close. The Society is indebted to his pen for many valuable articles published in the Journal, and separately.

_Lunatics._—An evil of no small magnitude, in the consideration of which the Society has been earnestly engaged, is the practice which prevails of committing lunatics to our County Prison, some of whom have been convicted on criminal charges, and others “picked up in the streets, and committed for want of a better home,” as we are assured by the Prison Agent. An application, in which our Society is co-operating, is about to be made to the Legislature, which it is hoped may result in an arrangement being made which may relieve the prison of this class of its inmates.

_Prison Agent._—William J. Mullen, who has for several years been under appointment by the Inspectors of the County Prison, and also by our Society as “Prison Agent,” has been as indefatigable in the discharge of his duties during the past year as heretofore. His particular province is to take cognizance of, and inquire into all cases of alleged oppressive and illegal commitments to the County Prison; and in the course of his investigations he frequently procures conclusive evidence that individuals have been committed on charges which were utterly groundless, or at least frivolous and insufficient. From his interesting Annual Report, embracing the year 1861, just issued, we learn that he investigated 2,700 cases during the year, and with the co-operation of the constituted authorities, succeeded in liberating 1,182 of these from prison. He seems to have devoted his whole life and energies to this service, the duties of which he discharges with great fidelity.

_Prison Library._—The Library at the Penitentiary now contains about 2,900 volumes, of which about 680 are in the German and French languages. The selection has been made with a view to furnishing interesting and instructive reading, adapted to the various capacities and tastes of the prisoners; and it is satisfactory to be able to report that the books are extensively used. The number of volumes loaned during last year was about 20,000. When we remember that the average number in confinement during the year was not over 458, many of whom were very degraded and ignorant, and wholly unable to read when they entered, it becomes in our view, an interesting feature of our system of discipline, not only that the opportunity for mental exercise and enjoyment should be so freely presented, but that these poor creatures should feel the inclination to avail themselves of it so largely, whether it be for mere amusement or for instruction. There is also a smaller Library at the County Prison of a similar character.

_Number in the Penitentiary in 1861._—The entire number of prisoners in the Penitentiary during the year 1861, was 646. The largest number at any one time was 485, and the smallest 431. The state of health amongst them was generally good, and the per centage of mortality exceedingly small, there having been only two deaths.

_Prison Society’s Visitors and Visiting._—We now come to speak of what, under all considerations, is, we believe, the most important part of the action and services of the Society—that which is accomplished through the agency of the Visiting Committees. To give to those who have not been on the appointment a clear view of the manner and extent of the action in this direction, it may be best to mention the preliminary arrangements. At the Annual Meeting of the Society forty-four members are elected, who, with the officers ex-officio, form the “Acting Committee.” After the election, this Committee organizes and subdivides itself into two Visiting Committees, one of them allotted to the County Prison, and the other to the Eastern Penitentiary. These sub-Committees next organize and allot to each of the members a certain division, or portion of a block or corridor, containing only such a number of cells as will admit of his paying frequent visits to each of the inmates. The Committees hold meetings monthly, at which time each member is expected to make a report of the number of visits he has paid to the prison, and the number of interviews he has had with the prisoners, particularly designating such as took place _inside of the prisoners cell_, which interviews are considered to be much more likely to be serviceable than those at the cell door. When any thing of especial interest occurs, it is expected also to be added to the report. The reports, at least as regards the Penitentiary Committee, are required by the rules to be in writing, and 182 of such reports have been made by them during the year just past, giving an account of 776 visits to the Penitentiary, and of an aggregate of 8942 interviews with the prisoners—6149 of which were inside of the cells, and 2793 at the cell doors. These interviews are believed to average about fifteen minutes in length, though each case is governed by its own circumstances. With some, very little more than a friendly salutation seems called for, as there is no ground to work upon, with hope of being serviceable; while, with others, a half hour, or in some instances even an hour, may be profitably spent. In performing these visits with the hope of doing good, it is deemed essential to approach the prisoner in a spirit of kindness, and thus convince him that, although the world may have cast him off, and notwithstanding the degraded condition to which his crimes and depredations on society have brought him, there is one at least who cares for his soul, and who feels that, although he has justly forfeited his liberty, he is still a fellow being, and a candidate for Divine Mercy, and therefore entitled to such a measure of the common comforts of life as the law allows him. When the prisoner, by this means, becomes fully assured that the visitor has no sinister purpose in view, but is alone prompted by desires for his good, he becomes willing to hear freely, even if he does not assent to the importance of such counsel as may be addressed to him. Under these circumstances, the visits sometimes become deeply interesting occasions, both to the visitor and the visited. Here, where no human eye sees, and no human ear hears them, the overshadowings of Divine Love are sometimes witnessed to soften that heart which had been so long hardened, that even the criminal himself had believed that it would never again be susceptible of feeling; and the visitor acknowledges that, through the same influence which softened the heart of the prisoner, he has been enabled to hand forth counsel suited to the case before him. Some of these interviews, are mere kindly, social opportunities, in which no religious instruction is attempted. The prisoners are encouraged to be obedient to the rules of the prison, and respectful in their deportment toward the officers; and in the daily reverent reading of the Holy Scriptures, and committing portions of them to memory. They are also recommended to adopt and maintain habits of cleanliness, both in their persons and cells, which is entirely in their power, as each one has a hydrant at his command.

Those who have had little or no school education, are urged to avail themselves of the opportunity now afforded them, through the aid of the teachers employed by the Institution, to acquire a knowledge which will not only prove a source of enjoyment, but will be of real service to them after leaving the prison walls. The results in some instances are remarkable. Our space, however, will only admit of a short reference to two cases, which are by no means solitary ones. One visitor reports—“No. 4186, when I first visited him, did not know the letters of the alphabet. He said he had tried to learn and could not. I persuaded him to make another attempt, and endeavored to impress upon his mind the necessity of at least learning to read his Bible, that he might learn his duty and regulate his future life. He did make the attempt, and can now read and write very well.” No. 4340, a German prisoner, at the time of his entrance into the penitentiary, could not read or write a word in the English language. Fifteen months afterwards he could read in our language with such facility, that he rarely met with words which he could not understand, and much of his English writing was beautiful. The Visiting Committee of the Penitentiary appoints a sub-Committee to attend to the cases about to be discharged by the expiration of their terms of confinement. It is their duty to see each prisoner before the expiration of his term, to inquire generally into his condition and prospects, give him such counsel as to his future course as seems to them suitable, supply him with such articles of clothing as he requires, sometimes to give small sums of money for their immediate necessities, and to aid them in obtaining employment, or to get to their friends, as the case may call for. Some of the more hopeful among them are encouraged to write to the Committee, informing as to the manner of their getting along, &c. They occasionally receive very satisfactory letters.

The importance of the visitors from our Society, in aiding to carry out the intention of the law, that the prisoners should be frequently seen by proper persons other than the keepers, will be better appreciated when the fact is adverted to, that the law directs that “the Inspectors, in their _weekly visits_ to the several places of confinement, _shall speak to each prisoner_ confined therein.” And with regard to the Warden, the law says, “he shall visit _every cell and apartment_, and see _every prisoner_, under his care, _at least once in every day_.”

In speaking on the subject of visiting, and the care extended to discharged prisoners, we have more directly referred to the Penitentiary than the County Prison, for particular reasons. A prominent one is, that the Penitentiary illustrates the “Pennsylvania System,” while the County Prison, on account of the crowds sent there for vagrancy, intoxication, disorderly conduct, &c., does so very imperfectly. Another is, that the population of the latter, being of a less permanent and settled character, the same systematic course of visiting cannot be carried out, and consequently a detailed record of the proceedings there has not reached us. The visitors allotted to that prison have discharged their duty very faithfully, and the members, in the course of the year, have had numerous interviews with those confined there.

“_The Association of Women Friends._”—The care of visiting the female departments in both prisons has been left with “The Association of Women Friends” (to whom our Prison Society makes an annual appropriation), who have undertaken the service from a conscientious sense of duty, and, we trust, with much benefit to the visited. In the year 1861, they paid 1065 visits to the female prisoners in the Penitentiary and County Prison, of which 499 were at the former, and 566 at the latter. They state in their report that they “are encouraged from time to time, by many little evidences, that their labors are not in vain in the Lord. In a few instances, apparent amendment of life has been the result of His blessing on their feeble efforts.”

_Death of Richard Williams._—Since our last annual meeting, Richard Williams, who had long been pleasantly associated with us as a member of the Acting Committee, and who had been a faithful, kind-hearted, and useful visitor at the Eastern Penitentiary, has, in the ordering of inscrutable wisdom, been removed from works, as we trust, to the fruition of rewards amongst the blessed.

EDWARD H. BONSALL,
TOWNSEND SHARPLESS,
CHARLES C. LATHROP,
ALFRED H. LOVE.

PHILADELPHIA, _1st Mo. (Jan.) 23, 1862_.