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REGISTER OF PENNSYLVANIA.
DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL IXFORMATION RESPECTING THE STATE.
EDITED BY SAMUEL HAZARD.
VOL. XII.-NO. 16. PHILADELPHIA, OCTOBER 19, 1833. NO. 303
From the National Gazette.
subdue us, we shall, at the end of the war, be certainly THE OLDEN TIME.
not in a better situation, than we are at present, for the A charge delivered by Alexander Addison, Esq., Presi. same necessity, the preservation of the authority of go
dent of the Court, to the Grand Jury of the county of vernment, will exist for enforcing the law then, which Allegheny, at Pittsburg, September 1st, 1794.
exists for enforcing it now. We shall be in a worse con
dition; for government will then be under no obligation The alarming and awful situation of this country, at to grant us the favorable terms, which are now offered; this time, is too well known to require a statement. On but may exact punishment for past offences, penalties the part of government, we are now offered a forgive- for past delinquencies, compensation for past damages, ness of all that is past, on condition that we sincerely and re-imbursement of the expenses of the war.
To submit to the excise law, and all other laws. The ques. these I might add the miseries attending the war.
But tion now is, whether we will accept of the terms propos. as these will attend the war in either event, I shall pared or not.
ticularly allude to them, in the supposition of our deThe decision of this question is of such importance, feating the United States. that I am sure it will receive a solemn consideration To me this event appears improbable to the last de. from every citizen of a sober mind. If we accept of the gree. A train of unfortunate delusions (for such I deem terms, we shall have peace. If we reject them, we shall them) seems to occupy the minds of many in this counhave war. There is no medium between these extremes. try. It is said, that no militia will come out against us, For in the present state of this country, it is impossible that if they do, we are so much superior in arms that we to expect from government a repeal of the excise law. shall easily defeat them; that we can intercept them in Government is the whole people acting by their repre- the mountains, and prevent their passage; that if they sentatives. The will of these representatives must not should come, they will march peaceably along, and not be extorted by force or fear; otherwise those, who thus disturb the citizen engaged in the lawful occupations of constrain them, exercise a tyranny over the rest of the life; and that at the worst, we can throw ourselves under people. We are little more than a seventieth part of the protection of the British. the United States. We ought not therefore to pretend On such notions, these are my remarks. From all to dictate laws to the whole. But whatever portion we that I have heard or seen, there is a resentment in the may be, if one law is repealed, at the call of armed men, people of the other side of the mountains against our government is destroyed; no law will have any force; conduct on two grounds, as being contradictory to the every law will be disobeyed, in some part of the Union. principles of democracy, which requires obedience to a Government is therefore now compelled to enforce sub-constitutional law; and as refusing to bear any part of a mission to this law, or to none. The whole force of the burden, to which they have submitted. This resent. United States must be exerted to support its authority ment will not only carry vast numbers of them to com. now, or the government of the United States must cease ply with the regular call of the militia, but to step for. to exist. Submission or war, therefore, is the alterna-ward as volunteers
. Supposing (which may yet be tive.
doubted) that they may at first be inferior to us, in the War is so dreadful a calamity, that nothing can justify art of fighting; the interests of the United States are so its admission, but an evil against which no other reme- deeply involved in our submission, no expense will be dy remains. That the colonies, to relieve themselves spared to accomplish it. And should the draft of the from the tyranny of Britain, should have roused to war, militia be insufficient, certainly the legislature will enano man will wonder. They had to acquire the first ble the Executive to raise and maintain a standing body principle of liberty, an equal voice in framing their of forces, to accomplish the object of government. They laws. The same was the case of France. Its consti- will come, at different times, in different directions, tution was overthrown, and one man had, by inheritance, and accumulated numbers, for the whole force of acquired a power which he could transmit to his suc- the United States will be directed against us; so that cessor, of making laws for the whole nation. But our the President, who never speaks till he has determined, consitution has already secured the most democratic declared by his proclamation. If this country reject the principles of representation. Our complaint is only conditions offered, the whole country will be considered against the ordinary exercise of legislation. We have as in a state of rebellion; every man must be considered now more than a just proportion of representatives. To either as a citizen or an enemy. If he say, he is a citi. fill our just proportion we may choose whom we please. zen, he may be called upon by the force under the auAnd we ought not yet to despair, that, in a legal man- thority of government, to unite in subduing its enemies. ner, we shall receive redress for every just complaint. If he refuse, he becomes an enemy, and as such may be The principles of liberty are completely established in treated. The army of government may live among us our constitution. Thuse principles are, that the will of at free quarters, and reduce us to obedience by plunder, a mojority should control the few. We wish now for a fire and sword. liberty destructive of those principles, which we for- Will the British receive us? The government of Cana. merly sought, and the French now fight to establish da dare not, without authority from London. And it is Our complaint is, that the many, have not yet repealed not to be supposed, that Britain will risk the loss of the a law at the request of the few, and therefore we rashly friendship and trude of the United Stutes for 80 poor an propose war.
object as our becoming her subjects. If she did, might we If we determine on war, look forward to the conse- not expect
, that the United States would seize her do. quences. Either we shall de feat the United States; or minions on the eastern part of Canada and Nova Scotia, the United States will subdue us. If the United States and intercept our communication with her. Against the VOL. XII.
whole force of the United States, exerted, as we have would, were it the last moment of my life, address you reason to fear, what have we to rest on? Where are as I have now done. And O! may the God of wisdom our arms? Where are our magazines of military stores? and peace inspire this people with discernment and virOr where can we obtain a supply of these articles, but tue, remove from their minds blindness and passion, from the United States, with whom we shall be at war? and save this country from becoming a field of blood. All communication between us and our fellow citizens on the east side of the mountains will be cut off. Even REPORT OF THE BOARD OF INSPECTORS OF the supplies of the common articles of life, which we
THE WESTERN STATE PENITENTIARY. receive from them, will be prevented: and not a single article of food or clothing, much less of arms or ammu.
Read in Senate January 26, 1833. nition, will be furnished to us from that quarter. Army
The inspectors of the Western Penitentiary, have the after army will be sent against us. In a state of open the honor to make the following statement, for the in. war, we shall be considered as any other enemy, with formation of the legislature. the additional rancour attached to a civil war,
There remain at present 88 convicts within the pririculture will be destroyed, our fields laid waste, our
son consisting of houses burnt, and, while we are fighting our fellow citi
74 zens on one side, the Indians (and God knows how soon)
1 will attack is on the other. The consciences of many
12 among ourselves will shrink back with horror, at the
1 idea of drawing a sword against our brethren. They will call for neutrality. They will enter into associa.
88 tions for mutual de fence. Many, who now from fear of
There have been discharged during the year end ed, danger or insult, put on the appearance of zeal and vio.
on the expiration of sentence,
12 lence, will, when it comes to decisive exertion, draw
10 back. But those who are for war will strive, by force,
2 to draw in those who are for peace. We shall attack and destroy each other, and fall by our own hands. Our
- 24 cornfields, will be converted into fields of battle. No
Forty-eight new convicts have been received during man will sow, for no man shall be sure that he shall the same period. reap. Poverty, distress, and famine will extinguish us.
The expenditure for the maintenance of the whole All riutual confidence will be at an end, and all the number, has amounted to the gross sum of $4,761 84, bands of society will be dissolved. Every man will be being an average of something less than sixty dollars afraid to speak to his neighbor. There will be no power each. of government to control the violence of the wicked.
The following officers have been employed by the No man's life, no man's house, no man's goods, no man's inspectors: wife, no man's daughter will be safe. A scene of gene. A warden, whose salary is $800 per annum. ral destruction will take place. And, should govern. Two overseers, each 500 ment, weary of chastising us, at last leave us to our One physician, selves; we shall be a miserable remnant, without wealth, One clerk,
200 commerce, or virtue; a prey to the savages, or slaves to One watchman,
Whose salaries have been defrayed by the commonAre we prepared for a separation from the United wealth. States, and to exist as an independent people? This is The board of inspectors, in all their annual commua question which ought to be settled, previously to our nications, have endeavored to impress upon the Legistaking up arms against government. For to disobey, alature the absolute necessity of a radical alteration in government, while, by remaining in it, we admit its autho the construction of the cells of this prison, so as to enasily to command, is too absurd, and too contrary to the ble the board to conform the discipline of the institution duty of citizens, for any man of reason and virtue to sup to the provisions of the law; the existing arrangement port: especially where that government, like oure, is of the cells, completely excluding the board of inspeccreated and changeable by the people themselves, that tors and officers of the prisor from the possibility of is, by the whole people, or a majority of the whole peo promoting the moral improvement of the miserable be. ple. Our appeal to arms is therefore a declaration of ings under their charge, or even so employing them as independence, and must issue, cither in separation or to remove or even diminish the expenses attendant on obedience.
their maintenance. Under these untoward circumstanGovernment cannot recede farther than it has done. ces, a sense of public duty alone has induced many of It has already made sacrifices, which entiile it to grate the board to continue in office; and the hope that the ful returns. It offers to forgive past offences, and con constituted authorities of the commonwealth would at siders us as having never erred. It cannot, without a length perceive the disadvantages and imperfections of total extinction of all authority, repeal this law, while the prison, and apply such remedies as might enable we disobey it; Government must either subdue us or the inspectors to discharge the trust reposed in them, cast us off
. For, however we may flatter ourselves with satisfactorily to themselves and usefully to the public, the destructive hope of defeating government, we have has heretofore reconciled them, in some degree, to their no prospect of subduing it; and compelling the United unpleasant situation. States to retain us in the Union. Suppose us then a The board has reason to believe that that period has separate people, what prospect have we of being able now arrived. The Executive of the state, in his annual to secure those objects, which are essential to the pros message to the Legislature, has distinctly portrayed the perity of this country, and of far more consequence than condition, and recommended this prison as a proper the repeal of the excise law?
subject of legislative interference. A prompt response Do you, gentlemen, who by your station, can do it has been made by each House, and committees appointso effectually unite with me in expressing, propagating, ed to visit and examine the Western Penitentiary, with and supporting these sentiments; and through you, the view of ascertaining the remedies proper to be ap. both now and hereafter, let them be felt to be the voice plied. Those committees have discharged their duty in of your country
relation to the Western Penitentiary, and communicatThey are mine- and were an angel from Heaven to ed fully with the inspectors and officers of the prison charge me, to make to you, as I should answer it at the on the subject. All the information, therefore,necessary tribunal of G. d, a faithful declaration of my opinion of for a due consideration of the matter, will no doubt be the interests of this country, at this important period, il laid before the Legislature, at an early day. The board
243 will therefore abstain from further remark, under the taminating influence of the demoralising conversation conviction that this information will be so full and satis, and evil example of convicts of different grades of tur. factory, as to induce immediate action and the necessa- pitude, the hope and probability of the reformation of ry measures taken by the Legislature, to render this some of those in whose bosoms there are yet some reestablishment all that the laws enacted for the punish mains of virtue, would be greatly increased, and the ment and reformation of convicts, demand that it should incorrigible and desperate villain, by being separated be.
from his associates in crime, and deprived of the satisFor the effectual remedy of those difficulties, it may faction of conversing with those of congenial minds, however be looked to, from the inspectors, to give some would feel his punishment more severely; and if not information and estimates.
altogether deterred from again committing crime, would They would, therefore, respectfully suggest, that an not be likely to commit his depredations within the appropriation be made by the Legislature, for the en- district in which, if detected, he would be certain of tire re-construction of the cells of this prison on a plan si mi. being again doomed to a similar punishment. To the lar to those of the Eastern Penitentiary: To perfect this wicked and determined villain this prison appears to plan, an expensive sewer will have to be constructed to possess little or no terror; after the discharge of such, the Allegheny river, a more abundant supply of water they frequently remain in the vicinity of the prison, obtained, and a thorough change in the mode of heating spending their time in idleness, without any visible the whole. With these improvements, the board does means of support, and frequently call at the prison to not hesitate to believe the prisoners would become no inquire concerning those with whom they had become longer a charge on their respective counties, and their acquainted while in confinement. So little do they remoral welfare importantly promoted.
gard the confinement in this prison, that of the fortyThe cells of the Eastern Penitentiary have cost a sum eight prisoners received into this penitentiary during of six hundred dollars each.
the year 1832, five were recommitments of persons who With the materials of stone and brick which compose had served tours in this prison, and had been but a the present cells, (196 in number) it is supposed there short time discharged. will be an ample supply for rebuilding the whole. The The present is undoubtedly the most suitable time for iror doors, hinges, fastenings, jambs, lintels, &c. &c. making the alterations, as the present number of concan all be made to answer for the new ones, and the victs can be secured in one part of the prison, whilst whole of the labor (excepting the mechanical part, and the alterations are being made in another. Should the some of that) can be supplied from the convicts. The number of prisoners increase in the proportion they board, therefore, is of opinion, that the construction of have done during the last year, the time will soon arthe cells anew, such as is now recommended, can be com- rive when it will be difficult, if not altogether impracpleted for the sum of $300 each, if not less, making ricable, lo "make those alterations, as there would not then, for 196, a total expenditure of about $60,000 to be sufficient room in the prison to secure the convicts accomplish the whole. The funds already at the dispo- and make the improvements at the same time. In supsal of the inspectors, say $6000, will be adequate to port of my opinion, that the prisoners at labour, under connect the water closets of the cells with, and the proper regulations, would defray the expenses of their construction of the sewer to the river. A sum not ex. maintenance, I will direct the attention of the board of ceeding $25,000 will be a sufficient annual appropriation inspectors to the amount earned by the shoemakers in until the whole is completed; more than that could not this prisor, during the last year, (and it will be admitbe judiciously expended during the working season. ted that with them there has been much waste of time, The above estimate of $300 for each cell is intended and unavoidably some waste of materials, which has to include the payment of such architects and supervi- lessened the amount of their earning;) there has been sion as the board might have occasion to employ. an average of about four shoemakers at work, who
The board would again respectfully draw the atten- have earned $315, or $79 each; the expenses of their tion of the Legislature, to the propriety of making a maintenance, on an average, is a little less than $60 small provision for the services of a religious instruction: each, which for four prisoners would be $240, which a permanent supply for this important branch of prison taken from $315, leaves $75 of a surplus, after defraydiscipline, could not fail to be attended with the most ing all expenses of their maintenance. happy effects.
The whole expense of maintenance of convicts in The annual report of the warden, marked A., a tabu. this prison during the year 1832, is $4761 84, and there lar statement from the same officer, marked B., and the has been earned by shoemaking $315, by picking oak. report of the physician, marked C., are herewith trans. um 8485 47, and by various other labor $133 87, mitted, for the consideration of the Legislature. amounting in all to $934 34, leaving a balance to be All of which is respectfully submitted.
paid by the counties, of $3827 50. By the tabular By order of the board of inspectors, Western Peni- statement herewith presented, it will be seen that for. tentiary.
ty-eight prisoners have been received into the peniten. WM. ROBINSON, JR. Secretary. tiary during the year 1832, twelve have been discharg
ed by expiration of their sentences, ten by pardon, and A.
two have died, sixty-four being the number in prison To the Board of Inspectors of the Western Penitentiary on the first of January, 1832, leaves eighty-eight in of Pennsylvania.
prison on the first of January, 1833. GENTLEMER.
I will conclude with the sentiments of that excellent In my former reports I have urged the necessity of officer, Samuel R. Wood, Esq. warden of the Eastern an alteration in the interior of our penitentiary; another penitentiary, adopting them as my own. I am "fully year's experience has more fully confirmed me in the convinced that separate confinement, with labour and opinion, that such alterations should be inade as will moral religious instruction, is the most perfect and most adapt this institution to a system of regular labour, and beneficial system for the management of convicts," as will effectually prevent all communication between which has ever been devised or put into practice, emconvicts, thereby adapting it to the requisitions of our bracing in its details all the advantages, and avoiding laws relating to penitentiary punishments. I am con- most of the evils, which are inherent in every other plan fident, that if this prison was altered to the plan which has occupied” the attention of the philanthroof the Eastern penitentiary, and the necessary stock pist. and implements were provided, the prisoners would be All which is respectfully submitted. enabled to defray all the expenses of their maintenance;
JOHN PATTERSON, and by preventing communication between convicts, Warden of the Western Pennitentiary of Pennsylvania. they would be preserved from the corrupting and con- January 11th, 1833.
Nov. 20, 1832, pardoned
41121 Ohio June 28 1828 3 years Larceny
Q. S. Allegheny county
First 42341 Oneida county, N. Y. August 6,
1831 2 do Burglary
0. T. Erie county
do 4327 Connecticut August 6, do 4 do Burglary
0. T. Erie county 44311 New Hampshire
August 6, do 2 do Passing counterfeit coin Q. S. Erie county 4542 New Hampshire August 6, do 1 do Larceny
Q. S. Erie county
do 2 do Larceny
Q. S. Huntingdon county
Q. S. Huntingdon county 48 48 Chester county, Pa. August 18,
do 2 do Assault and battery, in-
0. T. Westmoreland county 50 451 County Antrim, Ireland,
Q. S. Beaver county
Mayor's Court, Pittsburg
Q. S. Indiana county
October 26, Pittsburg do 10 do Arson
0. T. Allegheny county 55431 County Tyrone, Ireland October 27, do 3 do Assault, &c. with intent
to commit rape
0. T. Fayette county
0. T. Fayette county 58 459 Maryland October 29, do 3 do Larceny
Q. S. Fayette county
o, T. Huntingdon county
Q. S. Miffin county
Q. S. Warren county 6321) Somerset county, Pa. December 9, do
Q. S. Somerset county
Q. S. Huntingdon county
Q. S. Centre county 6724 fem. Butler county, Pa.
March 8, do
Buggery 5 years
0. T. Beaver county 69/23 Franklin county, Pa. do 16, do 4 do Larceny
Mayor's Court, Pittsburg
Mayor's Court, Pittsburg
Q. S. Westmoreland county
0. T. Huntingdon county 73 47 Mifflin county, Pa.
do 25, do
Fourth 2 do Larceny
Q. S. Centre county 7432
May 9, Franklin county, Pa. do 2 do Larceny
Q. S. Erie county
0. T. Erie county 7621
do 9, Delaware county, N. Y. do 3 do Burglary
0. T. Erie county 77 27
Q. S. Beaver county,
Mayor's Court, Pittsburg
do 2 do Larceny, and passing counterfeit money
Mayor's Court, Pittsburg Second 80/22 Franklin county, Pa do 16, do 1 do Larceny
Mayor's Court, Pittsburg 81 23 Windsor county, Vermont do 27, do 2 do
do Horse stealing
Q. S. Allegheny county 82|19 Westmoreland county, Pa. do 28, do
do 0. T. Allegheny county
August 9, 8348 Massachusetts
Receiving stolen goods Q. S. Erie county do
do 84321 Chambersburg, Pa. do 17, do
do 2 do
REPORT ON WESTERN PENITENTIARY.
Fraude, lQ. S. Crawford county
Oct. 13, 1832, pardoned