of Public Prisons,-a society which originated in 1776, and to which belongs the distinguished honour of leading the way in the amelioration of our penal code, and in establishing a penitentiary system on the principles of separate and solitary confinement,-a member, also, for many years, of the Board of Inspectors of 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 luxury of doing good,' this gentleman devoted his time and means o this interesting, but to many revolting, subject. Not satisfied with the knowledge acquired in his own country, like he celebrated Howard, he visited the prisons of foreign countries, and there added to his already great experience.

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"Such untiring singleness of purpose in the pursuit of knowledge for the alleviation 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."

So much for the head and heart of this modern "Howard." It is not to be wondered at that his services were sought on this humane occasion. But the committee informs us that it was not until "after some hesitation and reluctance on his part that he yielded to the importunity of the friends of humanity."... "Messrs. De Beaumont and De Tocqueville, commissioners appointed by the King of the French to visit the penitentiaries of the United States, speak in the strongest terms of our warden;" . . . and so also does another gentleman, Dr. Francis Lieber: he says, "I have, for my part, never become acquainted with a person whom I thought equally fitted for that station."

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To this I readily agree. He is, indeed, the man, of all others, the most fitted to be at the head of " an inhuman and unnatural system," which, according to the great and benevolent Roscoe, "contains an epitome and concentration of all human misery of which the Bastile of France and the Inquisition of Spain were only prototypes and humble models."

But the committee say that persons of respectability concurred in their testimony to the high moral character of Mr. Wood. "And this evidence," they say, was not attempted to be contradicted by any one;" when the truth is, that there was scarcely a witness among the whole host that did not contradict it. Phleger swears, that by Wood's order Maccumsey had been murdered, and that Wood told the keepers to "keep their own secrets," as to the fact that the body was removed in the night and no investigation took place. Steel testifies to the same. Griffith swears that Wood himself beat a helpless prisoner with a board till his face was as black as the witness's hat. Dr. Bache saw this

prisoner's beaten and bruised head; and swears that his feelings were very much hurt at the cruel and unjustifiable punishment of the prisoners. Isaac Cox swears that Curran was unwilling to duck poor Seneca, on account of the dreadful cold morning; that he ran after Wood to know if it must be done, and Wood replied, "Go and do as I tell thee."

We laugh at the remark of the Irishman, who thought it a hard case that he, on the evidence of a few witnesses, should be found guilty of murder, when he could bring five hundred people to prove that they knew no harm of him; yet is this not exactly the case with this com mittee? It is easy enough to bring forward 'Alleviators' from all parts of the world, to speak well of a brute like this; but ought that to lessen the weight of the testimony of these just and excellent, though generally poor, witnesses, who are besides supported by corroborating circumstances that are, of themselves, sufficient to prove most of the charges? But we find that "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 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. Blundin, 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 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. Blundin, 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 was wont to regard all persons, or from the fact that the employment of this woman 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.... Of John Holloway, 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." "Having thus disposed of the first charge, we proceed to the second; embezzlement, &c.

"On the first point the evidence did show that there was reason to believe that this woman (Blundin) had been in the practice of embezzling provisions, groceries, &c., and of her applying them to her private use, but there was not the shadow of evidence which went to affect Mr. Wood with any knowledge of such conduct, much less to prove any participation in it, notwithstanding the relation which subsists between Richard Blundin and his wife, leading to the conclusion that he might have known any impropriety on her part in this respect; yet it is equally true that the evidence went to negative any such knowledge, and to evince that he was always careful to protect the public property against any improper use."

The evidence did show that there was reason to believe,-did it? The evidence was positive if ever evidence was of that nature.

James Torry swore that he saw Mrs. Blundin and her maid steal the provisions, soap, and so on; and further, he swore that he furnished Wood with knowledge as to that fact. "I told Wood," said he, “and he stopped it." How these worthy representatives could state, after hearing this evidence, that there was not the shadow of evidence to affect Mr. Wood with any knowledge of such conduct, is strange indeed!! Wood wished Torry to cease to be gatekeeper; this happened about a week after Torry told Wood of the purloining of the stores; from what arose the desire to remove so faithful an officer from a station wherein he had made such important discoveries? He spoke to Wood twice about Mrs. Blundin, and the carriage-driver, and he said he knew of no way to stop such proceedings but to discharge them: Wood replied, and said, that he had a way of his own in doing business.

Richard Blundin was always careful to protect the public property, and yet the committee admit that Richard's wife was in the daily habit of stealing that property which was under Richard's protection. How could Richard always be careful to protect, if he was for ever being robbed? The committee will, however, insist upon it that Richard knew nothing about it; but if he did not miss the good things he found them profusely covering his own table, and as they were not paid for out of his own purse, it is rather strange that he made no inquiry as to how they came there, But the thing the most surprising of all is, that the committee, after having heard the statement of the refined and pious Bradford could, without looking into her private character,

come to such an unfavourable conclusion against the conduct of the modest and chaste lady, that at the religious exercises behaved with such strict decorum.

In regard to the charge against the warden, of his having used the public stores for his private purposes, of course the committee found that this charge was unfounded. "But," say they," 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 underkeepers from being concerned in any other business or employment than the duties of their respective office." Now if they were satisfied that all was right, what part of the evidence can have induced them to wish to alter the course?

The charge of cruelty comes next, and the committee, speaking of Plimly, say:-" It was certainly proved that many buckets of cold 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 as 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. . . . This punishment," says the report, "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 demonstratė 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 cold. ... Whether this punishment had been directed to be inflicted by the warden on that day or not, was the subject of contradictory evidence."

Now not having the penetrating faculties of the worthy committee, I cannot see wherein the evidence differed on this point. In the first place, it is not likely that this punishment could have been inflicted without his approbation, and that it positively was not, is proved by one of the keepers. Isaac Cox, as we have just noticed, states that Curran entreated Wood to forbear on account of the intense coldness of the morning; but Wood snappishly said, " Go and do as I bid thee."

The report states that "It was in proof that an iron gag had been placed on the convict Maccumsey. . . . . 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. 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 has been used in the Walnut-street prison, and it has been frequently resorted to in the Eastern Penitentiary, in the case of other prisoners, and in the case of Maccumsey himself, without any injurious effects 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. 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 charge to ascertain whether the death of Maccumsey had in fact been occasioned by the use of the gag. To 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 was a chronic disease, or one of long standing, which terminated at the time the gag was put on him, in apoplexy, and occasioned his death. 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 it should be avoided for the future."

They consider it too severe," although they had just told us, that from the evidence it might be inferred that the punishment was not cruel. This is the way that these wise representatives talk, and the manner they "dispose of grave charges." They make out a very long report, however, by talking of matters and things that did by no means concern them, and finally conclude in these remarkable words :

"To Pennsylvania may be truly said to belong the honour of having been first to suggest this benevolent system, which she has carried to greater perfection than any other government; a system which has been adopted with more or less success by her sister states, as they have more closely or remotely adhered to its great principles, a system to which a decided preference has been given over every other by distinguished missions for the examination of it from abroad, and which may be truly