building of cells was in progress. They seemed to have been governed by a view to economy and convenience. Apartments under this arrangement within the front building were assigned to Mr. Blunden and his family, and he was permitted to board some of the under keepers, and persons who were engaged, either in that capacity, or in the work then going on in the penitentiary.

These apartments were as much the distinct residence of Mr. and Mrs. Blunden, being secured to them by contract with the board of inspectors, as would have been a residence elsewhere. After the family of Mr. Blunden was thus established within the walls of the penitentiary, she, it seems, was employed at a stipulated sum, to be paid to her husband, to superintend and conduct a certain part of the cookery for the prisoners. Intimations and complaints against improper conduct on her part were, after she had been some time in this situation, made to one of the inspectors. This induced an investigation before the board of inspectors, which covered, for the most part, the same charges which were made before the committee. This investigation proved the great propriety of the objection made by the warden to the residence of the families of keepers and others within the walls, and in June following this investigation, the residence of Mrs. Blunden was removed from the penitentiary, she having been dismissed from all occupation in the institution from the time of that investigation.

As she had ceased to be employed there, her conduct no matter how improper, had ceased to be a matter of any concern to the public, except so far as it might be connected by proof, with the conduct of those who were still engaged in the economy and management of the Eastern Penitentiary. In this point of view, a full and free inquiry into her conduct, while she resided in the institution, was permitted by your committee, and your committee regret to say that, so far as regards this woman, the evidence did go to prove very gross and improper deportment and practices, entirely unbecoming her sex and condition. The committee might, from the evidence, infer her guilt of the charge now under consideration, but as that point is no way material to any conclusion to which your committee could properly direct your attention, but in so far as it might be proved that the present officers of the institution had participated in it, the committee refrain from the consideration of this unpleasant point, and pass to the only important inquiry was this conduct "known and participated in by the warden, one John Holloway, and one Richard Blunden?"

Before the committee proceed to examine this question, as it affects the warden, it is altogether proper to state that your committee received evidence of the general good character of that gentleman. It is a well established principle affecting all investigations which, in their tendency, may be calculated to criminate any individual, that such evidence shall be received, and that when the person accused can make out a general good character, it is strong and persuasive evidence, and in all cases of doubt, or mere suspicion should lead to a full and honorable acquittal,

On this point the warden occupied pre-eminent ground. For many years a member of the Philadelphia society for alleviating the miseries of public prisons a society which originated in 1776, and to which be longs the distinguished honor of leading the way in the amelioration of our penal code, and in establishing a penitentiary system on the principle of separate or solitary confinement; a member, also, for many years, of the board of inspectors of what is now called the Walnut Street Prison; his mind seems to have been devoted with much earnestness to the cause of humanity, and the improvement for this purpose of what is now appropriately called the Pennsylvania Penitentiary system. Without any other compensation or reward than "the luxruy of doing good," this gentleman devoted his time

and means to this interesting, but to many, revolting sub. ject. Not satisfied with the knowledge acquired in his own country, like the celebrated Howard, he visited the prisons of foreign countries, and there added to his already great experience.

Such untiring singleness of purpose in the pursuit of knowledge for the alleviatian of human misery, and the improvement of the moral condition of mankind, without any selfish motive to actuate it, is certainly indicative of a sound head and a pure heart.

After the return of Mr. Wood, from Europe, his great reputation in this respect was well known, and when, in 1829, the Eastern Penitentiary was about to be opened to receive convicts, the inspectors with great earnestness, pressed upon Mr. Wood the acceptance of the situation of warden which he now holds. Af ter some hesitation and reluctance on his part, he yielded to the importunity of the friends of humanity, who were anxious to place under his direction an institution which would carry into full effect the great system so long urged by philanthropists, and to which Mr. Wood himself had been so much devoted. Messrs. De Beaumont and De Toqueville, commissioners appointed by the King of the French, to visit the penitentiaries of the United States, and who did visit those of the different states, speak in these strong terms of our warden.

Among the superintendents of the American peni. tentiaries we have especially to mention Mr. Samuel R. Wood, director of the new Philadelphia prison-a man of superior mind, who, influenced by religious sentiments, has abandoned his former career, in order to de vote himself entirely to the success of an establishment so useful to his community."

Another gentleman, Dr. Francis Lieber, already known as a distinguished scholar and philanthropist, and for great knowledge of penal law, and the penitentiary system, as connencted with it, and who has given to our language one among the best books that have been written on this subject; in speaking of Mr. Wood, says, "I have visited many of the penitentiaries on this continent. I have not of course become acquainted with the wardens of other penitentiaries as well as I have with Mr. Wood, because I have resided here; but I never found a superintendent of any penitentiary of a more humane disposition, and clearer mind on all sub. jects of the penitentiary system, than Mr. Wood; I must add here, that I have received from no one more sound practical knowledge of the penitentiary system generally, than from Mr. Wood. I have for my part, never become acquainted with a person whom I thought equally fitted for that station."

To this may be added the evidence of persons of the first respectability, who concurred in their testimony, to the high moral character of Mr. Wood, and with whom they had been intimate for years. And this evidence was not attempted to be contradicted by any one.

The committee would have yielded with great reluctance to testimony which went to compel the conviction of one who had hitherto been remarkable for his moral excellence, and his humane concern for the good even of the most abandoned. It would have been painful to have been driven to any such conclusion. But the committee were determined to permit no consideration of this sort to interfere with the severest inquiry. They therefore allowed a latitude almost without a limit, and they feel pleasure in declaring that it has not resulted in establishing against the warden any thing to tarnish the high character we have already referred to. We consider it unfortunate that Mrs. Blunden, of whom we have already spoken, was ever permitted to reside within the walls of the penitentiary; and perhaps to this circumstance most of the mischiefs complained of may be traced, but in considering whether a person of high character has been guilty with her, care should be

• When examined as a witness.

taken to separate any infamy which may have been proved to be attached to her, from the consideration of the evidence of any such participation. No evidence was given to show practices and manners licentious and immoral on the part of Mr. Wood, nor of any such on the part of Mrs. Blunden, or any other person in his presence, and with his knowledge, and although a jealous mind might infer guilt from the smile of benevolence, with which the warden is wont to regard all persons, or from the fact that the employment of this wo man in the house frequently brought them together, in the same, more especially as she attended to his wardrobe, yet no rule of propriety or reason would justify any such conclusion.

As to Richard Blunden, there was no evidence which went to implicate him on this point, or to show that he had in any degree encouraged or promoted any improper conduct of his wife.

Of John Holloway, the clerk of the institution, evidence was given of improper language having been used in his presence, but not by him. It may be too that indiscretion may have betrayed this gentleman into a greater degree of familiarity with this woman than a delicate sense of propriety would justify; but the evidence as to this did not establish enough to countervail the evidence of general good character, which this gentleman adduced, or to make it proper under the circumstances for further notice from the committee.

But although the committee are satisfied that on this point no criminality is imputable to the warden yet they have been induced by the evidence to consider of the propriety of prohibiting, in future, the warden and under keepers from being concerned in any other busi ness or employment than the duties of their respective offices. There is an obvious propriety in avoiding the mingling of private accounts and business with that which belongs to the public. Independent of this, the time required for other pursuits, or the care which they might induce, tends at all events to divide attention which should be exclusively directed to a trust of so much importance and delicacy. Setting aside the consideration of the temptations which arise from mingling private business with that of a public trust, to make the latter subserve the former, it at all events gives occa sion to suspicion, and reproach, calculated to impair public confidence. The committee therefore have thought proper to recommend a prohibition on this subject which is embraced in the bill here with report. ed. With like views, but without intending to convey censure upon any one, the committee have judged that it will be proper to prohibit any work being done to order in the penitentiary for any of the inspectors or officers of the institution. After any work is done there can be no objection to purchases being made by them as by other individuals. The committee have therefore included in the bill reported a prohibition of such work to order.

The evidence on this charge related principally to two points, the first, the embezzlement and misapplication of the public provisions and property by Mr. Blunden, with the knowledge and connivance of the warden; second, the use of the public labor, or the labor of convicts; or those employed by the State, for the use of the warden, without proper compensation having been made to the State.

The next charge is one of great magnitude, had produced much excitement in the public mind, and the was of cruel and unusual punishments, inflicted by order of the warden, upon refractory convicts, &c. This general charge was accompanied, it will be perCeived, by the specification of two cases: 1. The case of Seneca Plamly, who, it was said, had been "tied up against a wall in the depth of winter, while buckets of extreme cold water were thrown upon him, which partafter discharged as incurably insane." 2. The case of ly froze on his head and person, and he was shortly Matthias Maccumsey, in "whose mouth an iron bar or Sag was so forcibly fastened, that his blood collected and suffused upon his brain," and he suddenly died

under this treatment.

proper use.

this business.

must be remembered, that although our penitentiary system has for one of its objects the reformation of the convict, that its unfortunate inmates are men of idle habits, vicious propensities, and depraved passions.— Requiring as it does that these habits should be changed, these propensities checked, and passions subdued, before the work of reformation can be commenced, it is plain that the first step is to produce obedience. This with many convicts, if not all, is a matter of much difficulty, requiring great firmness and discretion Gentle means, although not without effect, are seldom sufficient of themselves to produce this object: and yet it must be produced, or nothing can be done. Hence it becomes necessary to adopt some punishment beyond that which is inflicted under the sentence of the convict, and which is essential to secure his quiet subjec tion to that sentence. To allow him a refractory dis regard of the proper order of the institution, would be not only of great prejudice to himself, but would seri ously affect those in whom a more proper frame of mind had been produced.

Our system requires not only labor, but solitude, which combined are calculated to bring about reflec tion upon past misdeeds, and their evil consequences. It will not do to allow the convict to interrupt that soli tude by obstreperous noise, or to refuse to perform his work, or in any respect withhold the most implicit obe.

dience to the order of the institution.

In all the penitentiaries in the United States, such punishments are resorted to. In many, the lash is used as the chief disciplinary means of exacting this essential obedience. This is the case at Auburn and Sing Sing, the great institutions of our sister state of New York. We have, however, for reasons not necessary here to be insisted on, but, as we think, sufficiently apparent, always rejected this punishment: but diminished food, the dark cell, deprivation of work, the use of the strait jacket, and the gag, have been resorted to with us, rather from the necessity of the case, than upon any well-defined legal rule. General power is conferred upon the inspectors "to make such rules for the internal government of said prison, as may not be inconsistent with the principles of solitary confinement," "if they, on conference, find it necessary;" but they have not exercised this power. In most penitentiaries, rules for this purpose do not seem to have been adopted. The difficulty of forming such rules must occur to every one, and hence, no doubt, it is, that for the most part, a large and liberal discretion is vested in the warden or superintendent; which, after all, must be the case under any system of rules which could be de

vised.

It was well known when the present warden of our Eastern Penitentiary was appointed, that he united to great experience, a well established character for humanity, firmness and discretion, and it was believed by the board of inspectors, that he would require no other guide in the discharge of his important and responsible duties: for this reason no such rules were drawn. The warden was left to his own discretion, and to regulate that, he of course would naturally refer to the practice of other institutions of a similar nature. In considering this charge and specifications it is material that this should be kept in view.

The specification in the case of Plumly, represents him as having been discharged shortly after he was ducked, "incurably insane," leaving as an inference that his insanity was occasioned by the use of the cold bath. It was well ascertained that he was insane at the time he was committed, and that no change in this respect, took place while he was in the Penitentiary. Was this punishment of this unfortunate prisoner cruel and unusual? It was certainly proved that many buckets of water had been poured upon him on a very cold day, and your committee cannot avoid the conclusion, that, under the circumstances, it was indiscreet; but the transaction was deprived of all evidence of cruelty, which always implies intention, by the evidence which was given. It was clearly proved that the use of the cold shower bath is frequently employed for insane patients, not only as curative, but disciplinary means, in the best institutions for this unfortunate class of men in the city and vicinity of Philadelphia. One instance of a similar application of cold water was remarkable; it occurred in the insane hospital belonging to the society of Friends, so distinguished for their enlightened humanity.

Thirteen buckets of cold water were in that case poured out on one patient, in cold weather. It was intended to cure him of filthy habits, and it effected it. This was an object in the case of Plumly; and no doubt the knowledge which the warden had on the subject, induced him to resort to the same means. This punishment could not then, with any propriety be called unusual, and the very fact, well known, that it was in familiar use in such cases, goes far to demonstrate that its use was without cruelty, and only to be condemned on account of the indiscretion of using it at a time when the weather was so cold. No evidence was however given, to prove that any ill consequence to the convict followed. Whether this punishment had been directed to be inflicted by the warden on that day or not, was the subject of contradictory evidence.

2. It was in proof that an iron gag had been placed on the convict Maccumsey, whose conduct on that,

and on many former occasions, had been very out. rageous. In a short time after it was put on, it was discovered that he was becoming insensible, and it was taken off; but every effort to revive him proved ineffectual, and he died.

This unfortunate circumstance naturally excited much feeling, in which every one seems to have participated, and induced some to suppose that the death of the convict was occasioned by the use of the gag. This impression seemed to have gained ground, and it was upon this that the grave specification under consideration was made.

It was in full proof that the use of the gag as a means of punishment, was not unusual. It appears that it has been employed in the navy of the United States; that it had been used in the Walnut street prison, and it had also been frequently resorted to in the Eastern peniter tiary, in the case of other prisoners, and in the case of Maccumsey himself, without any injurious effect having been produced. It was not therefore an "unusual punishment," and it may be inferred from this, that it had not been considered a cruel punishment. In support of this position, it was also proved that the highly respectable gentleman who holds the office of physician in the institution, who is alike distinguished for his humanity, intelligence, and science, had so far considered that it was not improper, that he had suggest ed at some period before the death of Maccumsey, an improvement in the mode of attaching the instrument upon a refractory convict.

This evidence certainly goes far, if it does not entirely relieve the punishment in this case from all intentional cruelty on the part of those who had inflicted it.

It was still important in the investigation of this had in fact been occasioned by the use of the gag. To charge to ascertain whether the death of Maccumsey, show that it was not, evidence was introduced of the post mortem examination of the body of the convict. A dissection of his head disclosed very clearly that he died of a disease of the brain. The indications which were presented in this dissection, proved that this disease terminated at the time the gag was put on him, in apowas a chronic disease, or one of long standing which plexy, and occasioned his death.

This conclusion too was fortified by the many symptoms of insanity which were frequently dis covered in his previous violent and unreasonable conduct.

Evidence was also given by very many surgeons and physicians, professors in our medical colleges and others; whose reputation is well known not only throughout our own country, but abroad, to prove that the gag as applied was not naturally calculated to produce death. The anatomical construction of the head and neck of the human body is such that it could have produced neither strangulation, or a stoppage of the circulation of the blood. The conclusion in which these gentlemen concurred, and with which your com mittee were satisfied, was, that although the application of the gag was a coincident circumstance; it was not "connected with the unfortunate event as cause and effect." It is true that when a tendency to disease of the brain exists, any excitement may precipitate the diseases to a fatal result. Extraordinary emotions of joy or anger, or the like, have not unfrequently produ ced death in such cases. And it may be a subject of speculation, whether the use of the gag in the case under consideration may not have been an exciting cause of the disease, which had been in progress, and which was brought to full maturity while the gag was on. But such speculations must of necessity leave the question still in doubt, nor would the solution of it in any degree tend to any proper conclusion as to the conduct of the individuals concerned in the transaction. It may be also remarked, that if it should be admitted that the

use of the gag had been the exciting cause of the consummation of the pre-existing disease, it could not be taken as any evidence of guilt on the part of those who applied it, for the same thing might have been produc ed by exciting the anger, or any other violent emotion or struggle on the part of the convict, by any other instrument or means which would have restrained any part of his person, or produced such emotion or struggle.

The committee have much satisfaction therefore in dismissing the consideration of this grave charge with a full acquittal of the persons implicated from all criminal intention on their part in reference to it. The committee however are of opinion that there was great propriety on the part of the warden in discontinuing the use of this instrument; which he did from the time of the death of Maccumsey. They consider it too severe, and that it should be avoided for the future; although it may be that this opinion is derived from the unfortunate event that attended its use in the case of Mac cumsey.

The evidence given did not satisfy the committee that there was any thing improper in the use of the straight jacket. It does not seem in any case to have produced injurious effects or to be calculated to produce any, while it has often served a good purpose in bringing to tranquillity and subjection, the refractory and violent.

The committee are aware of the difficulty of estab: lishing rules for the regulation of prison dscipline, and that under any rules which may be formed there mirst still be a large amount of discretion vested in the war. den; they are, however, of opinion that as far as it is practicable they should be laid down. They might embrace some general classification of offences against prison discipline, and some designation of the punish. ment to be inflicted. By the act of 23 of April, 1829, as we have said, the board of inspectors "have power if they on conference find it necessary, to make such rules as may not be inconsistent with the principles of solitary confinement."

By this act it is left to their discretion, but they have in fact never exercised it. The committee are of opinion that it should be imperative upon the board to frame such rules, they have, therefore, included in the bill which they report a provision for this purpose, The committee have already mentioned that an inves. tigation, occupying nearly the same grounds as that conducted by them, was had before the board of in spectors. It appeared that in that investigation several of the under keepers or overseers were witnesses, and that after it was closed the warden with the approbation of the board determined that some of them should be discharged.

It appeared that differences had arisen among the officers of the institution, a want of mutual confidence existed, and there were other causes such as the expression of infidel opinions, a knowledge of abuses and a neglect of communicating that knowledge, which affected some of them, and which induced this measure. The want of mutual confidence alone would be enough to make such a course indispensable. The occasion does not require any expression of opinion in reference to the conduct of those who were dismissed, but the fact itself suggested to your committee the possible danger of abuse of the absolute right given the warden by the act of 1829, "to dismiss whenever he thinks proper" the under keepers or overseers. The com mittee think that it would be more appropriate to allow the warden to nominate those officers to the board, by whom they should be appointed, and that they should be removable from office by the board of inspectors alone; and they have made this a part of the bill which they propose. It is right to add that the warden very properly submitted to the board the propriety of dismissing the overseers on the present occasion.

The committee were strongly persuaded of the very onorous duties which the inspectors of this institution were required to perform, without other compensation than that which they derive from a commendable spirit of humanity. Five is the number of these inspectors as the board is now constituted. This number was no doubt sufficient when the institution was first established, but from the increase of convicts, who on the 31st of December last, numbered two hundred and eighteen, the committee are of opinion that the duties of the inspectors cannot be performed by the present number, without a greater sacrifice of time on their part, than it would be reasonable to expect from them, The committee too are persuaded that their duties are of great importance, and they feel desirous that the board should be so organized as to secure, as far as practicable, the exact performance of them. With this view the committee propose that the number of inspectors should be enlarged to nine, three of whom should be appointed annually by the Supreme Court, so that each inspector shall serve three years, and they have reported a section for this purpose in the bill which accompanies this report.

The duties of the physician of the penitentiary are very arduous, and are constantly increasing as the penitentiary fills up with convicts. Humanity requires that this officer should always be, as he now is a man of learning and skill. The committee think that to secure the continued service of such a man as Dr. Bache, the salary, $500 per annum, is not adequate, and that it should be increased. If a fair and liberal compensation be not given, for a proper person to fill this depart ment, it cannot be expected that such a one can be procured to render the services required from the physi cian by the act of Assembly, and which the increase of the convicts in the institution must necessarily aug. ment.

The committee also present for consideration, a section in the bill which provides for the appointment, by the physician, of two assistants, who are not to receive any compensation. The advantages of improvement which the practice in the penitentiary would allow to young physicians, would no doubt induce gentlemen of this liberal profession, who are ever ready to embrace such opportunities, to accept these as they do similar appointments in other like public institutions in the city.

We have before adverted to one of the great and humane objects of our institution. Other countries consign the unfortunate offender against their penal laws to death, or hopeless infamy, from which no returning footsteps are to be traced: we, on the contra ry, while we punish to deter from the commission of crime, never abandon the hope of reclaiming the wretched offender against the law. We place him in the locus penitentiæ, and we seek to present to him mo tives to return to the paths of virtue. While he is made to feel the vengence of the law, he is taught to know its mercy, and to learn to sin no more. A judicious religious instructor is very important in this work of reformation. Christian instruction, bringing to the deluded sons of vice, in the solitude of their cells, the wisdom of the purest morals and the consolations of religion, must always prove a powerful auxiliary (if indeed it can be at all accomplished without it,) in bringing the convict back to a proper regard for the obligations which rest upon him, in all the relations of life.

It is obvious that reformation of convicts independ ent of the considerations of humanity, is of great con sequence in a political point of view, as it tends to pre serve society from the dangerous contamination of a hardened offender, who returns to its bosom but to infest it, and from the heavy expenditure which crimes in every way directly and indirectly occasion. Impressed with the importance of this subject, your committee conceive that it will be altogether right to employ