Now we do not say that the obstacles and embarrassments with which

the solution of the problem is surrounded are not actually great,

because they are. But the problem itself is neither difficult nor

obscure, as soon as we take pains to place before ourselves distinctly

its precise nature and conditions. The thing to be done is simple

enough; the impediments in the way of doing it are nearly all of our

own creation, arising partly out of ignorance or thoughtlessness, and

partly out of willfulness; partly because we have not fully understood

what we had to do, and partly because we have been unwilling to

accept the consequences and incur the annoyance and expense of doing

it. Divested of all complications, our task is to _defend ourselves_

against the criminal population,--the professional criminals; to guard

society against their outrages and depredations in the most prompt,

effectual, and enduring fashion we can devise. That is all: we have

NOT to _punish_ them; and we shall only confuse our minds and perplex

our action if we try to do so. It is the almost universal neglect of

this vital distinction, more than any other error, which has led us

into such grotesque and inconceivable blunders. _Individuals_ may

regard these offenders in any light which harmonizes with their several

idiosyncracies. Some may look at them as objects of vengeance; some

as objects of compassion; some as subjects of conversion; some as

patients to be cured; some as unfortunate lunatics to be carefully

and comfortably confined; and there may be much truth in all these

different views, and they may be allowed to influence some of the

_details_ of the practical treatment of criminals in prison and on

their discharge from prison. But _the State_, as we said, has only

got to protect the community against them--to regard them as domestic

foes, against whom self-defence is legitimate and necessary. The reason

why it should not seek to _punish_ them, in the strict and proper

meaning of that word, is, that it has not the knowledge requisite for

the just discharge of that function. It cannot possibly apportion the

penalty it inflicts to the _guilt_ of the offender, which apportionment

constitutes the very essence of _punishment_. Neither the wisest judge,

nor the most patient and enlightened jury, nor the most omniscient

police officer, can do more than form a plausible conjecture as to the

_moral criminality_ of any convict; since this, it is obvious, must

depend on the organization which he inherited, on the antecedents which

have surrounded him from the cradle, on the degree of instruction he

has received, on the special nature and _adaptation_ of the temptation,

on a multitude of circumstances which we neither can know, nor could

estimate if we did. The State, too, is just as incompetent to estimate

the severity of the infliction as the guilt of the offence. How is

the legislator who awards, or the judge who pronounces, to ascertain

the weight and bearing of any given sentence upon any individual

culprit? The same penalty which to one man would be almost too lenient

for a theft, may, to a differently organized and differently trained

offender, be too severe almost for a murder. The educated convict,

whose ungoverned passion led him to a heinous but a single crime, would

be driven mad by the association and the _entourage_ which the habitual

and hardened ruffian would find congenial and even pleasant. Punishment

which _retributes_, like vengeance which _repays_, can, by its very

term, belong only to that higher intelligence which can estimate aright

both the debt to be repaid, and the intrinsic value of the coin in

which repayment is awarded.

The thing to be done, then, being ascertained, the next point for

consideration is how to do it. Now, society may protect itself against

habitual criminals in three ways, separately or in combination. It may

deal with him so as to _deter_ him, to _reform_ him, or to _get rid_ of

him. It may so arrange and contrive its penalties as to frighten him

from bad courses, or to incapacitate him from recurring to them, or to

persuade him to amend them. And, putting out of view the very few whom

it will or can hang, it has to effect these objects by such secondary

punishments as lie within its reach, as the public purse will pay for,

and public conscience and feeling will allow the State to inflict.

MEMBERS.

Ashhurst, Lewis R. Kintzing, William F.

Armstrong, William Kitchen, James, M. D.

Anderson, V. William Kneedler, J. S.

Atmore, Frederick B. Knight, Edward C.

Knorr, G. Frederick

Brown, John A. Klapp, Joseph, M. D.

Brown, Frederick

Brown, Moses Laing, Henry M.

Brown, Thomas Wistar Lambert, John

Brown, Abraham C. Landell, Washington J.

Brown, N. B. Lathrop, Charles C.

Brown, David S. Latimer, Thomas

Brown, Joseph D. Leeds, Josiah W.

Brown, Benneville D. Lewis, Henry, Jr.

Brown, Mary D. Lewis, Edward

Bell, John M. D. Lippincott, John

Biddle, William Lippincott, Joshua

Biddle, John Longstreth, J. Cooke

Barton, Isaac Lovering, Joseph S.

Burgin, George H., M. D. Lovering, Joseph S., Jr.

Bohlen, John Ludwig, William C.

Binney, Horace, Jr. Lynch, William

Bayard, James Lytle, John J.

Beesley, T. E., M. D.

Beesley, B. Wistar McCall, Peter

Bowen, William E. Meredith, William M.

Bettle, Samuel Milliken, George

Bettle, William Myers, John B.

Baldwin, Matthias W. Morris, Isaac P.

Barcroft, Stacy B. Massey, Robert V.

Bailey, Joshua L. Maris, John M.

Baily, Joel J. Morris, Charles M.

Burr, William H. Morris, Wistar

Boardman, H. A. Morris, Caspar, M. D.

Bunting, Jacob T. Morris, Anthony P.

Bacon, Richard W. Morris, Elliston P.

Bacon, Josiah Montgomery, Richard R.

Brock, Jonathan Mercer, Singleton A.

Barclay, Andrew C. Mullen, William J.

Brooke, Stephen H. Megarge, Charles

Baines, Edward Martin, William

Budd, Thomas A. Martin, Abraham

Bispham, Samuel McAllister, John, Jr.

Broadbent, S. McAllister, John A.

Brant, Josiah McAllister, William Y.

Beaux, John Adolph Macadam, William R.

McAllister, F. H.

Corse, J. M., M. D. Marsh, Benjamin V.

Cope, Alfred Morton, Samuel C.

Cope, M. C. Merrill, William O. B.

Cope, Henry Morrell, R. B.

Cope, Francis R. Mellor, Thomas

Cope, Thomas P. Mitcheson, M. J.

Colwell, Stephen

Caldwell, James E. Norris, Samuel

Caldwell, William Warner Neall, Daniel

Cresson, John C. Needles, William N.

Claghorn, John W. Nesmith, Alfred

Chandler, Joseph R. Nicholson, William

Carter, John Neuman, L. C.

Carter, John E.

Campbell, James R. Ormsby, Henry

Comegys, B. B. Orne, Benjamin

Childs, George W.

Child, H. T., M. D. Purves, William

Chance, Jeremiah C. Parrish, William D.

Coates, Benjamin Parrish, Joseph, M. D.

Chamberlain, Lloyd Poulson, Charles A.

Conrad, James M. Perot, William S.

Cooke, Jay Perot, Francis

Collier, Daniel L. Perot, Charles P.

Comly, Franklin A. Perot, T. Morris

Patterson, Joseph

Demmé, Charles R. Patterson, Morris

Ducachet, Henry W. Patterson, William C.

Dawson, Mordecai L. Potter, Alonzo, D.D.

Dorsey, William Price, Eli K.

Dutilh, E. G. Price, Richard

Ditzler, William U. Pearsall, Robert

Dreer, Ferdinand J. Pitfield, Benjamin H.

Dickinson, Mahlon H. Peters, James

Davis, R. C. Peterson, Lawrence

Derbyshire, Alexander J. Potts, Joseph

Derbyshire, John Parry, Samuel

Dennis, William H. Palmer, Charles

Duane, William Perkins, Henry

Earp, Thomas Quinn, John A.

Evans, Charles, M. D.

Evans, William, Jr. Richardson, Richard

Evans, Robert E. Richardson, William H.

Evans, J. Wistar Robins, Thomas

Erringer, J. L. Robins, John, Jr.

Edwards, William L. Ritter, Abraham, Jr.

Elkinton, Joseph Rasin, Warner M.

Elkinton, George M. Read, W. H. J.

Ellison, John B. Robb, Charles

Emlen, Samuel Rehn, William L.

Eyre, Edward E. Rutter, Clement S.

Eyre, William Ruth, John

Erety, George Roberts, Algernon S.

Ridgway, Thomas

Farnum, John Robinson, Thomas A.

Fraley, Frederick Randolph, Philip P.

Fullerton, Alex. Rowland, A. G.

Farr, John C. Richards, George K.

Frazier, John F.

Ford, William Smedley, Nathan

Ford, John M. Shippen, William, M. D.

Furness, William H. Scull, David

Field, Charles J. Schaffer, William L.

Fox, Henry C. Scattergood, Joseph

Franciscus, Albert H. Shannon, Ellwood

Funk, Charles W. Sharpless, William P.

Simons, George W.

Garrett, Thomas C. Smith, Nathan

Griffin, E., M. D. Stokes, Shmuel E.

Greeves, James R. Shoemaker, Benjamin H.

Gilpin, John F. Speakman, Thomas H.

Grigg, John Starr, F. Ratchford

Gummere, Charles J. Saunders, McPherson

Gardiner, Richard, M. D. Stokes, Edward D.

Sloan, Samuel

Hunt, Uriah Smith, Joseph P.

Hockley, John Stone, James N.

Holloway, John S. Simes, Samuel

Husband, Thomas J. Stuart, George H.

Hughes, Joseph B. Stewart, William S.

Homer, Henry Stevens, Edwin P.

Homer, Benjamin

Hancock, Samuel P. Townsend, Edward

Hand, James C. Taylor, Franklin

Hazeltine, John Taylor, John D.

Hastings, Matthew Taylor, George W.

Huston, Samuel Trewendt, Theodore

Hacker, Morris Tredick, B. T.

Hacker, William Thomas, John

Hunt, William, M. D. Taber, George

Hurley, Aaron A. Troutman, George M.

Harbert, Charles Thornley, Joseph H.

Thissel, H. N.

Ingersoll, Joseph R.

Ingram, William Van Pelt, Peter

Iungerich, Lewis Vaux, George

Jackson, Charles C. Wharton, Thomas F.

Janney, Benjamin S., Jr. Wood, Horatio C.

Jeanes, Joshua T. Wood, Richard, Jr.

Jenks, William P. Welsh, William

Jones, Isaac C. Welsh, Samuel

Jones, Jacob P. Welsh, John

Jones, Isaac T. Wetherill, John M.

Jones, William D. Williamson, Passmore

Jones, Justus P. White, John J.

Jones, William Pennel Wainwright, William

Johnson, Israel H. Wright, Samuel

Johnson, Ellwood Wright, Isaac

Johnston, Robert S. Willets, Jeremiah

Justice, Philip S. Wiegand, John

Wilstach, William P.

Kaighn, James E. Williamson, Peter

Kane, Thomas L. Warner, Redwood F.

Kelly, William D. Walton, Coates

Kelly, Henry H. Williams, Jacob T.

Ketcham, John Wilson, Ellwood, M. D.

Kiderlen, William L. J. Woodward, Charles W.

Kimber, Thomas Whilldin, Alexander

Kingsbury, Charles A., M. D.

Kinsey, William Zell, T. Ellwood

Kirkpatrick, James A.

LIFE MEMBERS.

ON PAYMENT OF TWENTY DOLLARS AND UPWARDS.

Barclay, James J. Ogden, John M.

Bache, Franklin, M. D.

Bonsall, Edward H. Perot, Joseph

Besson, Charles A. Perkins, Samuel H.

Parrish, Dillwyn

Cope, Caleb Powers, Thomas H.

Potter, Thomas

Ellis, Charles

Sharpless, Townsend

Fotteral, Stephen G. Sharpless, Charles L.

Foulke, William P. Sharpless, Samuel J.

Steedman, Miss Rosa

Hacker, Jeremiah

Horton, John Turnpenny, Joseph C.

Hollingsworth, Thomas G. Townsend, Samuel

Knight, Reeve L. Whelen, E. S.

Willits, A. A.

Learning, J. Fisher Weightman, William

Love, Alfred H. Wilhams, Henry J.

Longstreth, William W. Wain, S. Morris

Marshall, Richard M. Yarnall, Charles

Yarnall, Benjamin H.

ARTICLE IV.

The Treasurer shall keep the moneys and securities, and pay all orders

of the Society or of the Acting Committee, signed by the presiding

officer and Secretary; and shall present a statement of the condition

of the finances of the Society at each stated meeting thereof.

All bequests, donations, and life subscriptions, shall be safely

invested; only the income thereof to be applied to the current expenses

of the Society.

ARTICLE V.

The Acting Committee shall consist of the officers of the Society,

ex-officio, and fifty other members. They shall visit the prison at

least twice a month, inquire into the circumstances of the prisoners,

and report such abuses as they shall discover, to the proper officers

appointed to remedy them. They shall examine the influence of

confinement on the morals of the prisoners. They shall keep regular

minutes of their proceedings, which shall be submitted at every stated

meeting of the Society; and shall be authorized to fill vacancies

occurring in their own body, whether arising from death, or removal

from the city; or from inability or neglect to visit the prisons in

accordance with their regulations. They shall also have the sole power

of electing new members.

ARTICLE VI.

Candidates for membership may be proposed at any meeting of the

Society or of the Acting Committee; but no election shall take place

within ten days after such nomination. Each member shall pay an annual

contribution of two dollars; but the payment of twenty dollars at any

one time shall constitute a life membership.

ARTICLE VII.

Honorary members may be elected at such times as the Society may deem

expedient.

ARTICLE VIII.

The Society shall hold stated meetings on the _fourth_ fifth-day

(Thursday) in the months called January, April, July, and October, of

whom seven shall constitute a quorum.

ARTICLE IX.

No alterations of the Constitution shall be made, unless the same

shall have been proposed at a stated meeting of the Society held not

less than a month previous to the adoption of such alterations. All

questions shall be decided where there is a division, by a majority of

votes; in those where the Society is equally divided, the presiding

officer shall have the casting vote.

OFFICERS OF THE SOCIETY.

PRESIDENT,--JAMES J. BARCLAY.

VICE PRESIDENTS, { TOWNSEND SHARPLESS,

{ WILLIAM SHIPPEN, M. D.

TREASURER,--EDWARD H. BONSALL.

{ JOHN J. LYTLE,

SECRETARIES, { EDWARD TOWNSEND.

{ HENRY J. WILLIAMS,

COUNSELLORS, { CHARLES GIBBONS.

_Members of the Acting Committee._

Charles Ellis, Mahlon H. Dickinson, Joseph R. Chandler,

William S. Perot, William Ingram, Samuel Townsend,

Thomas Latimer, James Peters, Albert G. Roland,

John M. Wetherill, Robert E. Evans, Benj. H. Shoemaker,

Abram C. Brown, Charles Palmer, Lewis C. Neuman,

Benjamin H. Pitfield, Charles P. Perot, Wm. Warner Caldwell,

James E. Kaighn, Charles C. Lathrop, Henry Perkins,

Alfred H. Love, William Dorsey, George M. Elkinton,

Jeremiah Willits, Abram Martin, William R. MacAdam,

William H. Burr, John Adolph Beaux, J. M. Corse, M. D.,

Jacob T. Bunting, Wm. Armstrong, M. D., E. Griffin, M. D.,

John C. Farr, Wm. Nicholson, William Hacker,

George Taber, Charles W. Funk, John E. Carter.

William L. J. Kiderlen, Philip P. Randolph,

_Visiting Committee on the Eastern Penitentiary._

Townsend Sharpless, George Taber, William Nicholson,

Edward H. Bonsall, William L. J. Kiderlen, Charles W. Funk,

John J. Lytle, Mahlon H. Dickinson, Samuel Townsend,

Edward Townsend, James Peters, Albert G. Roland,

Abram C. Brown, Robert E. Evans, Benj. H. Shoemaker,

James E. Kaighn, William R. MacAdam, William Hacker,

Alfred H. Love, Charles Palmer, J. M. Corse, M. D.,

Jeremiah Willits, William Dorsey, E. Griffin, M. D.

William H. Burr,

_Visiting Committee on the County Prison._

William Shippen, M.D., John C. Farr, Philip P. Randolph,

Charles Ellis, William Ingram, Joseph R. Chandler,

William S. Perot, Charles P. Perot, L. C. Neuman,

Thomas Latimer, Charles C. Lathrop, Henry Perkins,

John M. Wetherill, Abram Martin, George M. Elkinton,

Benj. H. Pitfield, John Adolph Beaux, Wm. Warner Caldwell,

Jacob T. Bunting, Wm. Armstrong, M.D., John E. Carter.

👉 WM. J. MULLEN is Agent of the County Prison, appointed by the

Inspectors, and acting under their direction, and also appointed by the

Prison Society.

FOOTNOTES:

[1] Less than one-sixth the size of the cells in the corridors which

were then completed in our penitentiary, as described by the same

writer, to wit: eleven feet nine inches long, seven feet six inches

wide, and sixteen feet high to the top of the arched ceiling.

[2] William J. Mullen.

[Transcriber's Note:

Dialect, obsolete and alternative spellings were left unchanged.

Printing errors, such as backwards or upside down letters, were

corrected; duplicate words were deleted; missing punctuation was added.]

The Journal of Prison Discipline and Philanthropy, January, 1863 · 第 4 / 4 段