The Journal of Prison Discipline and Philanthropy, January 1862 — John Shaqi
The Journal of Prison Discipline and Philanthropy, January 1862Philadelphia Society for Alleviating the Miseries of Public Prisons
History
The Journal of Prison Discipline and Philanthropy, January 1862
Philadelphia Society for Alleviating the Miseries of Public Prisons
Charities -- Periodicals; Prisons -- Periodicals
At the adjourned meeting, held February 28th, it was taken up and
freely discussed; but without taking the question on its adoption, it
was continued over to the next stated meeting, with an understanding
that it should then have precedence of all other business.
Accordingly, at this meeting, March 21, 1861, a full expression of the
views of the members, in regard to the measure, took place. After
which, the question was taken by yeas and nays, and resulted in its
adoption by a decided majority. And at the next meeting, one of the
members who had voted in the negative, asked and obtained leave to
have his name recorded in the affirmative, on the ground that he had
voted under a mistake. Thus, the final result was the adoption of this
important measure, by more than two votes in the affirmative, against
one in the negative. A memorial to the Legislature, asking for the
passage of a law to carry out these views of the Society, was
immediately adopted, and being duly signed by the President and
Secretary, a portion of the Committee attended with it at Harrisburg,
to represent the Society in making such explanations as might be
called for, and urging its passage. This was accomplished in the
Senate, about two weeks before the close of the Session, the bill sent
up by the Society having been by each House first referred to the
Judiciary Committee for examination and approval. Final action on it,
in the House of Representatives, did not take place till near the
close of the Session. The Act being passed, was approved by the
Governor, and became a law on the first day of May last. It is
intended to publish it in the Appendix hereto.
We understand that the Inspectors of our County Prison are acting under
this law, and we trust its salutary influences will soon become
apparent. At the Eastern Penitentiary we learn that no direct steps
have been taken towards carrying it into effect, unless the fact of
their having opened a book, in which cases of prisoners _sentenced
since its passage for a term of over ten years_, are entered with a
view to applying its provisions to them, may be viewed as such a step.
They have declined acting, on several pleas, which we think untenable.
One, that the Act is ambiguous and its true meaning not susceptible of
interpretation. Another, that such a law is unconstitutional. But we
submit whether this latter question should have been raised by them,
when the same body of gentlemen about the time this Act was passed,
that is, in their Annual Report issued in January 1861, recommended to
the Legislature the adoption of the following provisions, embracing
precisely the same legal and constitutional principles.
_First._—“That in all cases of first conviction for crime,
of minors, the term of imprisonment shall be terminated by
the Inspectors, with the consent of the president judge of
the court in which said minor was sentenced, when in their
opinion the punishment has produced its expected results.”
Public-domain text, read in full here on John Shaqi.
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