HAZARD'S REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. XV.--NO. 19. EDITED BY SAMUEL HAZARD. From the National Gazette. PHILADELPHIA, MAY 9, 1835. DOMESTIC ATTACHMENT. No. 383. District Court. Stress, however, is laid in its Opinion upon the preamble to the act of 1705, which distinguishes between foreign and domestic creditors, respecting whom the section is silent. The expression too, if any debtor, not having become an inhabitant of this Commonwealth," is perhaps capable of miscon struction, and might not be applied according to the intentions of its framers. It may be made to express the case it is intended to include, by the introduction of a few words: "If any debtor be actually within the county (why not state?) at the time of suing out the writ, though he may not have become an inhabitant of this Commonwealth," &c. Reference being made by the Commissioners appointed to revise the Civil Code of Pennsylvania, in their Report, read in the Senate on the 28th of March, 1835, to the case of Thurneyssen et al. vs. Vouthier fils, it is thought proper to publish the Opinion delivered by the District Court in that case. This seems to be the more necessary, because, if there be legislation upon the subject, to supply an apprehended defect in the law, a more precise knowledge of the case than is possessed by the legislature and the profession, is desirable for the application of a full and adequate remedy. Most of the material facts of the case below, appear The first section of the Bill relating to Domestic At-in the Judge's Opinion. The District Court having detachments, as prepared by the Commissioners, stands thus: "Sect. 1. Writs of domestic attachment may be is sued by the Court of Common Pleas of the County in which any debtor, being an inhabitant of this Commonwealth, may reside, if such debtor shali have absconded or departed from the place of his usual abode within the same, or shall have remained absent from this Commonwealth, or shall have confined himself in his own house, or concealed himself elsewhere, with the design in either case to defraud his creditors, and without having a clear real estate in fee simple, within this Commonwealth, sufficient to pay his debts. cided, upon full argument, against the principles as serted by the Plaintiff's counsel, another writ of Domestic attachment was issued from the Supreme Court. The case has not been decided by the superior tribù. nal. In the District Court for the City and County of Phila- DOMESTIC ATTACHMENT. J. R. Ingersoll and J. R. Tyson for plaintiffs, and "And the like proceedings may be had, if any debtor, not having become an inhabitant of this Commonwealth, and not having real estate, as aforesaid, shall On the 5th November, 1834, the defendant arrived confine or conceal himself within the county, with in- in this city in a steamboat from New York, with his tent to avoid the service of process and to defraud his wife, and M. and Mde. Carriere, her parents and bagcreditors." gage. The defendant was an entire stranger. After The Commissioners in their Report, p. 38, thus ex-applying at several hotels, recommended or pointed out press their understanding of this section of the Bill.- by his porter, for lodgings, without success, his bag"Sect. 1, declares the cases in which a domestic at- gage and family were left at a boarding house, while tachment may be issued, and the Court which shall the defendant having hired a horse and gig, proceeded have jurisdiction. The first branch of this section is with a boy through the city in search of a house, and taken from the first section of the act of 1807. In the to attend with M. Carriere to the landing of some last paragraph we have extended the process to the goods at a wharf. Having found an empty house to case of a person non resident in the Commonwealth, let in Pine street, he proceeded to the residence of Mrs. but who is personally present in the County, and con- Dougherty, the owner, on the same day of his arrival, ceals himself or otherwise avoids the service of pro. and applied to her, to rent him the house until May.— A recent instance in the city of Philadelphia, He said he was from England, where he had resided for has proved the expediency of a provision of this kind. twelve years, that he was a Frenchman-he spoke EnIt appears to us that the foreign attachment and domes-glish remarkably well-he said he had no acquaintances tic attachment ought together to cover the whole ground, and leave no defect of justice. In the case we have mentioned, a foreign attachment could not be maintained, because the debtor is actually within the county, and in consequence of his confinement or concealment, a capias cannot be served upon him. The remedy seems to be to extend the writ of domestic at tachment to meet such cases. cess. here, and therefore could not give any security for the rent, but he would pay it in advance; that his name was Leman, that his family consisted of his father, whom he called M. Carrière, his mother and his wife. Mrs. D. agreed to let him have the house for six months, at the rate of 500 dollars per annum, payable in advance. The rent has been paid, a small deduction being made on accuont of a stable, which was not eventually taken. The defendant procured the key of the house and proceeded to procure mattresses and some articles of kitchen and other necessary furniture, and the next day was found by the owner in the house. The defendant did not use his real name. A writ of Foreign Attachment was issued against the defendant at the suit of plaintiffs in this action, demanding bail in the sum of 86,000 dollars, and three other writs against the defendant by different names or addi tions were soon after issued, demanding in each case, bail in 87,000 dollars for the same debt. On the 19th November, all were levied. The defendant made affidavit before Alderman Badger, that he was at the time of issuing these writs of attachment, and had been ever since, a resident of this city; that with his family he had occupied a house in this city for some time prior to that time, and had lived there since without interruption; that he had consulted Mr. Dallas in his office the same day-that the goods attached were not his property, but as he believes are the property of M. Carriere. A rule to show cause why the foreign attachment should not be quashed was entered. in Philadelphia, where he keeps concealed with design to defraud his creditors, &c. The defendant applied for a rule to show cause why the domestic attachment should not be quashed, and filed his affidavit in support of the rule, stating the facts. In support of the rule the Counsel for the defendant contended 1. That Vouthier had not a usual place of abode in this State, had engaged in no trade, and contracted no debts therein, and had no resident creditors here, whom by absconding he could defraud, and consequently was not subject to this process. 2. That the capias ad respondendum was vexatious A capias ad respondendum was issued by the plainly and oppressively issued, and avoiding arrest under it tiffs against the defendant, and bail was demanded if he were a resident and otherwise liable, was not an in 87,000 dollars for the same debt, the property be- absconding with design to defraud his creditors, but ing then in custody of the sheriff under the foreign at- was a proper measure of self-defence under the circumtachments, and the said rule being at the time pend- stances rendered so by the abuse of the process of ing. Keran Fitzgerald, a new watchman, was placed the Court. in charge of the goods attached by the sheriff after the capias had issued. While all the above writs were in the hands of the sheriff as aforesaid, an affidavit was prepared and duly sworn to in behaif of the same plaintiffs against the defendant for the purpose of grounding a domestic attachment for the same debt, reducing its amount however, to from 132,263 fr. 65c. to $26,752 33, and stating that the defendant "has absconded from the place of his usual abode in this State, with design to defraud his creditors," and has not left a clear real estate, &c. sufficient to pay his debts. The rule to show cause was made absolute, and the foreign attachment dissolved by the court. A writ of domestic attachment, based upon the above affidavit issued while the capias ad respondendum was in full force, the 1st of December being the return day, and service of the writ during any subsequent part of that day by the sheriff being legal. The defendant, from the time of his arrival in this State to the issuing of the process against him, by assuming a false name and some other circumstances, was in disguise and concealment; after the issuing of the capias he absented himself from his family and the house in which he lived and took lodgings in another street for the purpose of avoiding the arrest under it. The plaintiffs proved by documents recently received from England, that the defendant was declared bankrupt in the Court of Commissioners of Bankrupts in London, on the 17th November last, on a petition dated the 13th of the same month, and he is therein described as of No. 13, Rue de Clery, in Paris, France. It was also proved that the defendant was naturalized as a citizen of the United States, at New York, in 1829. Simultaneously with these several suits and proceedings against the defendant in this court, he appears to have been proceeded against in London as aforesaid, and up to the 9th of December, after the issuing of the writ of domestic attachment, he is described as of No. 13 Rue de Clery, Paris, &c. A capias ad respondendum issued at the suit of A. Lenthelhon & Co. against the defendant, demanding bail in 1200 dollars, received of N. E. J. given in evidence by the plaintiffs, and affidavit being filed of the cause of action, stating the plaintiffs to reside in New York, the claim to lie on a bill of exchange drawn by Gulliet de la Bonglin & Co., dated St. Quentin, 19th July, 1854, for 3,583 fr. 15c., money of France, payable at the end of October, 1834, to the order of said Gulliet de la Bonglin & Co. and endorsed to the plaintiffs, and directed to Vouthier fils, Rue de Clery, No. 13, Paris, and accepted by his attorney in fact; that plaintiff is informed, and believes said Vouthier is now in Philadelphia, and that since the acceptance he has absconded from his domicil in France, and has arrived 3. That the capias being in full force, and that suit not having been discontinued before issuing the domestic attachment, the latter proceeding is irregular. It will not be necessary for the Court to consider more than the first position. 1. The defendant residing and trading in Paris, appears to have sailed for the United States in the last Autumn, probably by way of England, with his wife and her parents. Having arrived at New York, he shortly after came with these persons to Philadel phia, where he was an entire stranger, and evidently in disguise and under an assumed name; he never express any intention permanently to reside here, and was probably a fugitive from his foreign creditors.He applied for the house of Mrs. Dougherty, not for a year or quarter or half year, but in the month of November he applied to rent it until May, which would be less than six months; describing himself as a stranger unable to give security, offering to pay in advance, and expressing no intention to remain beyond May.There was therefore in the manner of taking the house a strong intimation that it was intended as a merely temporary residence, and that he had no intention of fixing his residence in Philadelphia, and at the time of withdrawing from his family to avoid the capias and the issuing of the domestic attachment, he had no creditor whose debt was contracted here but the owner of the house, who was amply secured by the property on the premises, and who has since been paid. There is no domestic creditor who applies for relief or protection under the attachment laws, and no such creditor is known to the Court to exist. It will be necessary for the Court to review the state of the law as to domestic attachments prior to the act of the 4th Dec. 1827, Purd. Dig. 70, as it has been argued that the decisions of our courts prior to that act, were made under enactments essentially differing from it in the description of the persons liable to the writ, and consequently are not authority upon the question now under consideration. So early as 1705, the Legislature of Pennsylvania, in the preamble of an act entitled "An Act about Attachments," declared the mischiefs or inconvenience that the act was intended to remedy, in these words: "Whereas, the laws of this government have hitherto been deficient in respect to attachments, so that the effects of persons absenting are not equally liable with those persons upon the spot to make restitution for debts contracted in or owing in this province, to the great injury of the inhabitants thereof, and encouragement of such unworthy persons as frequently, by ab sconding, make an advantage of the defect aforesaid." The debtor is here described as "absconding" and "absenting," in contradistinction to those persons dwelling upon the spot," the debts as "contracted 66 or owing within this Province," the persons to be protected by the act as "inhabitants thereof." Although foreign creditors are allowed upon principles of liberal justice to secure their debts in cases in which a defendent has been brought within the principles of the Domestic Attachment laws, it will be found that in order to ground such a proceeding under all the acts of Assembly which have since been in operation, this description in 1705 of the debtor, of his debts, and of his creditors as the principal objects of legisla. tive protection, has never been substantially changed, and have been recognized and sustained by judicial decisions without exception. The Act of 24 March, 1723, Purd. 69, provides that no writ of attachment shall be issued but on oath or affirmation that the defendant in such attachment is indebted to the plaintiff therein named, in the sum of $40 or more, and that the defendant is and has been absconded from the place of his usual abode for the space of six days, with design to defraud his creditors, as is believed, and that the defendant has not left a clear real estate, in fee simple, within this province sufficient to pay his debts, &c. On 22d Jan. 1774, was passed "An Act to oblige Trustees and Assignees of Insolvent Debtors to execute their trusts." Carey & Bioren, 2 vol. 116, sec. 4, which has not been cited on the argument. It provides: "And whereas, the laws of this Province respecting Domestic Attachments are defective, inasmuch as they do not empower the justices to issue writs of attachments against persons who shall confine or conceal themselves within their own houses, or elsewhere, with intent to defraud their creditors. "Be it therefore enacted, that if it shall appear on oath, &c. 'that his or their debtor or debtors, have concealed him or themselves elsewhere, for and during the space of six days, with design to defraud his, her, or their creditors as is believed, and that he, she, or they, have not a clear real estate,' &c. as in former act." The only difference between the act of 1807 as to the debt, is the omission of the necessity of its amount. ing to $40. As to the debtor, it adds to the acts to defraud his creditors, which will render him liable to the writ that he has "remained absent from the State," and the words for and during six days are omitted. It is, therefore, clear that no alteration was made in the laws existing prior to 1807, by this act relating to the character of the defendant, the debt, or the creditors, so far as involved in the case under consideration, and that all judicial determinations under the acts of 1723 and 1774, apply with full force to the act of 1807 upon the questions under consideration. We shall therefore proceed to consider the cases which we regard as judicial authorities, operative upon the case and obligatory upon the court. The disjunctive conjunction used in stating the various acts of concealment, absconding, &c. in the act of 1807, on which great stress has been laid, has been introduced in fact from the act of 1774, and the construction based upon its use in the former would equally apply to the latter act. In Lazarus Barnet's case, Judge Shippen has ably reviewed these three acts of Assembly of 1705, 1723 and 1774, the latter being cited as 14 Geo. 3. c. 5. He considers three sorts of debtors to be included in the act of 1705 1st. Those who never resided here. 2. Those who had, but had absconded or otherwise removed, both being non-residents within the third sec. tion; and, 3d. Those who were about to remove without security to their creditors. In the act of 1723 it is stated "that divers irregularities and fraudulent practi- | cés had happened to the injury of such creditors as were willing to accept an equal share of the effects of their debtors. He then enquires to which of these three descriptions of debtors the preamble applies. It could not be the first, they resided abroad and their effects coming here only occasionally there was no great 291 danger of fraudulent practices. And the act of 1723, by continuing the former remedy against them, is regarded by Judge Shippen as making this manifest. The act of 1723 makes a new provision with respect to both the other classes, which are consolidated in one, "persons who have absconded from their usual place of abode for six days, with design to defraud their credi tors, without regard to their being in or out of the province. If they had absconded with design to defraud their creditors, the act of 1774 merely multiplies the acts, with design to defraud which later acts of Bankruptcy, bring the defendant within the statute. The preamble of the act of 1774, may be said also to apply most evidently to domestic creditors. The word "inhabitant" has a plain meaning. A person coming hither occasionally as a Captain of a ship, in the course of trade, cannot be called an inhabitant; nor does a person going from his settled habitation here, on occasional business to Boston, or any other place cease to be an inhabitant. But a man who comes from another place to reside among us, introduces his family, takes a house, engages in trade, contracts debts, and, after some time.runs away with design to defraud his creditors, he ought surely to be considered as such an inhabitant as not to be an object of the foreign attachment, but of the domestic one. Such has been the uniform construction of the law from 1724 until the act of 1774, which last gives a legislative sanction to the practice. After reviewing the numerous cases cited on both sides of the argument, we have found ourselves brought back to this most clear and satisfactory authority which, although the leading case on Domestic Attachments, has never been overruled or been shaken by judicial decision. In some instances, efforts have been made to modify it, particularly to fix a definite time during which a defendant must have resided, engaged in trade and contracted debts, but no time has yet been judicially settled. Probably no particular or specific time may be necessary, but the defendant must in fact reside here, and contract debts here, and subsequently abscond from the place of his usual abode in this state, &c. with design to defraud his creditors. Judge Shippen has said in reference to the preamble of the act of 1723 it could not mean the first class of debtors, as there was no danger of fraudulent practices in relation to them, they residing abroad-so there could be no such danger requiring legislative interposi tion in relation to foreign creditors whose debts were not contracted here. The defendant cannot be regarded as within this description. He was a stranger in disguise, flying from his domicil in Paris, to avoid foreign creditors, temporarily concealing himself in Philadelphia, in a house taken for that purpose, and not with a view to a permanent residence: no debts contracted here that he could by absconding defeat; no domestic creditor existing; none whom he could have designed to defraud by ab. sconding or concealing himself. The practice of the Courts of this State in relation to domestic attachments has been too long settled to be now disturbed without legislative enactment. The affidavit to ground the suit in the case before us, which is well drawn, shows the views entertained by the Counsel in relation to that practice. The Court being of opinion that the defendant is not the subject of a domestic attachment, order the rule to be made absolute. Attachment dissolved. WELLSBOROUGH, TIOGA CY. PA. April 25. Mr. Alpheus W. Wilson, sawed on the 10th inst. in the Spencer mill, in Richmond township in this county, a pine log fourteen feet long, which made one thousand and fifty feet of boards-nine hundred and fifteen of which were first rate pannel. REPORT ON THE EASTERN PENITENTIARY.dition of the majority of those who become subject to Sixth Annual Report of the Inspcetors of the Eastern To the Honorable the Senate and House of Representa- The Inspectors of the Eastern Penitentiary in all their former reports, have spoken encouragingly of the effects of the system adopted by Pennsylvania, without however venturing a positive assertion as to its efficacy in producing the end intended. They commence this their Sixth Annual Report, with undiminished confidence in the healthful operation of the system; and they believe when all the necessary means to perfect it shall have been allowed, the State may boast of an Institution, whose efficiency in checking the career of vice within her borders, will be manifest in the reduced proportion which her criminal, will bear to her general population. In the capacity of official agents for the State, appointed to watch over, and report, upon the progress of this important experiment, the law requires that we shall annually present statistical accounts of the Institution under our charge, together with such observations on the effects of the system as may arise or be suggested in the performance of our duties. Since the subject of solitary or separate confinement of convicts has claimed public attention, the theory has been canvassed in all its parts; and the various treatises which have sprung up have engrossed the entire field, and have left us nothing to say but that which has already been better said by practised writers, who have given to the subject all the attention which wise heads and humane hearts could bestow. The exclusiveness how ever of this establishment from all other matters which ordinarily engage the attention of the Legislature, induce us to endeavor to present in a proper light, the system emphatically pronounced Pennsylvanian, in contradistinction to all others in use, and in showing the difference in the motives of its origin, and in its operation, satisfy those who feel interested in it, that it is an institution of which Pennsylvania may be justly proud. It will appear entirely consistent with the character of the state, that she should adopt a mild system of criminal jurisprudence, when it will be recollected that the laws instituted by her founder while she was yet a province, were characterized by features of humanity, at total variance with all others then extant. It is true, these laws were abrogated when the King assumed immediate authority over the colony, but the germ was then set, the spirit was then infused, and the subsequent struggles of philanthropists was but to bring to light and to fructify the plant. The innovation was then made, and it was but a recurrence to those first principles of government which were dictated by pure hearts and sound judgments, that Pennsylvania resorted to, when she established her present penitentiary system. Notwithstanding the numerous attempts to possess the people generally with a knowledge of the principles which govern the Eastern Penitentiary, many mistaken notions are yet afloat in regard to it; and much misapprehension yet exists. A wide currency has been given to gross misrepresentations through the agency of some fanatics upon prison di-cipline whose motives are questionable; and in very many instances, there have been wilful and unwarrantable perversions of truth. We find it even difficult to shake off from the minds of some of our own citizens the idea that the penalties of the present mode are severe, so closely does the notion of great personal suffering connect itself with that of lonely incarceration. The Pennsylvania system is emphatically a mild and humane system. Let us look for a moment at the con its regulation. We find them living a hurried and In the prosecution of this system under the views here advanced, it must be obvious that care should be had in the selection of subordinate keepers; that the convict should not come in contact with minds and dispositions disqualified to inculcate good principles. A quiet and sober demeanor, an equable temper, and a consistency of conduct calculated to ensure respect, should be considered pre-requisite. All indulgence in low vices, impure conversation, gossiping or approach to familiarity with prisoners, should be traits of charac ter to be avoided. The convict removed from his for mer associates should breathe none other than a moral atmosphere. The Inspectors have still very much at heart, the intellectual and religious improvement of the prisoners, and would be much gratified if greater facilities than the law has yet provided for, could be granted. They are compelled to reiterate the request that the attention of the legislature should be called to that subject, as they believe that much could be effected without a great increase of expense. The opinions entertained and expressed in former reports remain unchanged on this subject; and a gratuitous performance of these services ought not to be expected from persons qualifi ed for the task by such a government as ours. The Reverend Samuel W. Crawford, continues indefatiga bly and zealously to labor for the benefit of those under our charge, and is entitled to the thanks of all who feel interested in the welfare of the establishment for the disinterestedness which he has displayed. We refer to the report of the Physician herewith transmitted, for an account of the health of the Prison for the past year, exhibiting in a statistical form all the information necessary upon the subject, and establishing the fact by comparison with any other institution of like nature, that we have been peculiarly favored in that respect. their own proper persons, their motives would be understood and little harm might arise. But so long as the views of interested agents continue to be given to the public year after year, in the reports of a highly respectable society, which derives most of its information from such suspicious sources, I fear that the general adoption of our improved system of discipline, may be prevented or at least seriously retarded. Certain it is, that their reports have for years gone to the world with unfair imputations and mistatement, calculated to give a most erroneous opinion of the results of the two different systems. It is not my wish in this Annual Report to minutely contrast the efficacy of the Pennsylvania system with that of Ghent, or what is generally called the Auburn system, but it may not be improper to offer a few ob The report of the Building Committee herewith transmitted, contains an account of the progress of the work for the past year, and a statement of the amount of work, yet to be done to complete the Eastern Penitentiary. It is estimated that the sum of sixty thousand dollars will be required, and will be sufficient, to finish all the buildings necessary for the purposes of the In-servations thereon. stitution. We transmit the report of the Warden to the Board of Inspectors, to which we ask attention; as exhibiting some details of importance to obtaining a true knowledge of the Institution. The usual statistical tables accompany this report in compliance with the law on that subject. We also transmit a letter from the Architect to the Building Committee, being an useful paper, exhibiting a very detailed view of the work of the past year. The human heart revolts against oppression; it is soothed by kindness. believe that the severe, nay even the brutal treatment Can any individual for a moment soften their hearts or in any way conduce to their rewhich convicts have been and are subject to, will formation? and what is the great aim and end of every penitentiary system? Certainly the reformation of the boast of their earnings or gains and their surplus profits; prisoner is the all important point. Other prisons may But we have nevertheless the proud satisfaction of witours was never expected to be a money making concern. In conclusion the Inspectors beg leave respectfully to present to the Legislature, that the Institution labors under great disadvantages in procuring means necessa-nessing the salutary effects produced by it on many of ry for its support, for the want of a sufficient capital to be employed in manufactures. This subject has been before submitted to the Legislature, and a committee of that body gave a statement concurrent with the opinion of the Board and urging the propriety of a law to that effect. Signed, THOMAS BRADFORD, JR. WM. H. HOOD, Secretary. WARDEN'S REPORT. In presenting this my Sixth Annual Report to the Board of Inspectors, there appears little else to remark than what has in former years been brought to your notice. From the nature of the law under which we act, we have been gradually increasing in numbers, and had on the 31st of December 1834, two hundred and eighteen prisoners; being sixty four more than we had at the corresponding date of last year. the unfortunate inmates. Our treatment it is known is firm, yet mild and just. We endeavor to operate on system on both body and mind. And should the same strict and severe scrutiny be made (if it were possible to obtain authority for that purpose) into the prisons of our sister states, I have no doubt of the nature of the impression that must be left on the mind of every un. prejudiced, candid, intelligent man; and am bold to say that the result of such a comparison would be an award in our favor. To the philanthropist, to all who earnestly wish for the well being and improvement of society; to all who look forward to so desirable an end as the reformation of those deluded, misguided, miserable beings who are under our charge, I would exhibit fully and fairly the discipline of the institution; and ask them to examine thoroughly its condition and every branch of its operations; to view the convicts at their various employ ments, to witness their health, their cleanliness, their general cheerfulness, and with very few exceptions their willing industry; to learn from their own lips the manner in which they are treated by the Inspectors, the Warden and Officers: to ascertain from them their feelings towards those who have the immediate care of them, to speak to them of their future intentions, and No difficulties have occurred or obstacles been pre-in short to inquire minutely into the whole effect of the sented as our number has increased; but experience confirms the opinion expressed in former years of the efficacy, the superiority of the Pennsylvania system of prison discipline over all others. This is a pleasing subject of congratulation, and I think we may now cease to call our system of discipline an experiment, it having been more than five years in actual operation, and there being at present several prisoners who have from the period of their reception, nearly five years ago, been in close confinement without apparent injury to their mental or bodily health. It is also gratifying to be able to remark, that not only those who always have been the advocates of separate confinement are satisfied with its results, but many who heretofore entertained strong and honest fears of the effects of this kind of treatment. I believe all of the latter description who have had opportunities and have embraced them, of investigating for themselves, do fully acquiesce in its superiority. I am however aware that there are others with prejudices which may generally be traced to their interests; who profess not to approve of our system, and who are using every effort by writing and speaking, to give the public an unfavorable impression of its character. If these individuals would appear in The Pennsylvania system is one of privations rather than punishments; such it certainly has been during the last year, for very few cases have occurred requiring severity of treatment; with an increased number of prisoners, we have had fewer cases of refractory conduct, than at any other period. This improvement I mainly attribute to the salutary change made in some of the under officers during the early part of the year. In all institutions it is important to have good officers, but in an establishment where the prisoners are kept separate and alone, particularly so; they have few opportunities for conversation and when these do occur they are embraced with avidity, and the temper, morals and disposition of those who have almost the exclusive communion with them must have great influence on the criminal. The improvement I have alluded to, has |