PENITENTIARY, AND PENAL CODE of Pennsylva nia. The following is a short statement of the Penal Code of Pennsylvania.
By a law of April 22, 1794, it was enacted, that no crime, except murder of the first degree, should be punish ed by death. Alders, abettors, and counsellors, are held equally guilty with the principals, and liable to the same punishment.
By " murder in the first degree," is understood, death by means of poison, or by lying in wait, or by any other kind of wilful, deliberate, and premeditated killing, or which shall take place in the perpetration, or attempt to perpetrate any arson, rape, robbery or burglary. All other kinds of murder shall be deemed murder of the se cond degree. The jury, before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict, whether it be murder of the first, or second degree : but if such per son shall be convicted by confession, the court shall pro ceed, by examination of witnesses, to determine the de gree of the crime, and to give sentence accordingly.
Prosecutions for petit treason are to be conducted, and the criminal punished, as is directed in other kinds of murder.
Other crimes are punishable, by imprisonment, merely : by imprisonment at hard labour ; and by imprisonment at hard labour and solitary confinement for terms, propor tioned to their enormity.
Murder in the second degree, by imprisonment at hard labour of not less than five, nor more than eighteen years. For a second offence, imprisonment at hard labour for life.
Voluntary manslaughter : imprisonment at hard labour for not less than two, nor more than ten years. Second offence, not less than six, nor more than fourteen years.
Rape: imprisonment at hard labour not less than ten, nor more than twenty-one years. Second offence: impri sonment at hard labour for life..
Counterfeiting bank bills: imprisonment at hard labour not less than four, nor more than fifteen years.
The crime of maiming, and that of kidnapping a co loured person, are punishable by fines, as well as impri sonment at hard labour. The fine for the first is not to exceed three-fourths whereof are to be for the use of the party aggrieved. The period of confinement is to be not less than two years, nor more than ten years. The fine for the latter is not to be•less than S500, nor more than S2000; one half whereof shall be paid to the person or persons who shall prosecute for the same : the period of imprisonment not less than seven years, nor exceeding twenty-one years.
All persons convicted of crime punished by confinement and hard labour, are to pass such part of their time in so litary cells, as the court shall direct ; provided that it he not more than one-half, nor less than one-twelfth part thereof.
All claims to dispensation of clergy are abolished.
On the Penitentiary System of Pennsylvania.' The reformation of the Penal Code of Pennsylvania in the year 1790, was considered by many friends to huma nity, as an epoch in the history of the state, and great credit has been given to it by writers and statesmen in Europe, for the wisdom of substituting confinement and hard labour, in place of the disgusting and demoralizing public punishments to which, by the former code, crimi nals were subjected. The most signal good consequences were expected to flow from the system, by reforming the morals of those condemned to submit to it, and by pre venting crimes. No one was more sanguine on this sub ject than the writer of these observations, who heard and read every sentence of praise on the system with great satisfaction. They raised his native State in the public estimation; they reflected honour upon the mant with whom he was connected by strong affection, and to whose ardent zeal in the cause of humanity, the United States are indebted l'or the promulgation of the plan, and for his steady and able support of it, for several years previous to its adoption; in opposition to the confederated influence and talents of the bench, the bar, of many ministers of the gospel, and other individuals of weight in society. Above all, the writer was led to believe from almost daily conversation with him on the subject, for some time after it went into operation, that it would in a fcw years work an entire reformation among the lower order of mankind. lie even did not think it an Utopian idea, that crimes would scarcely be known in Pennsylvania, after the new system had been a few years tried. We all know, and some of us have felt, that such have not been the effects of it ; the records of the prisons, and the present ments of grand juries, show that crimes have greatly mul tiplied,4 and the fear of hard labour and confinement has lost its influence (if it ever had any,) upon the vicious, nay, even upon those who have been repeatedly subjected to them. It may therefore be useful to inquire into the causes to which the failure of the system is to be attribu ted, since, until these are known, the proper remedies cannot be applied ; nor can any means be suggested, which would be likely to check the alarming and annual increase of crimes.