The Pennsylvania Journal of prison discipline and philanthropy (Vol. VIII, No. III, July 1853)Philadelphia Society for Alleviating the Miseries of Public Prisons
History
The Pennsylvania Journal of prison discipline and philanthropy (Vol. VIII, No. III, July 1853)
Philadelphia Society for Alleviating the Miseries of Public Prisons
Charities -- Periodicals; Prisons -- Periodicals
§ 2. After the execution, the said Sheriff or Coroner shall make oath
or affirmation, in writing, that he proceeded to execute the said
criminal within the walls or yard aforesaid, at the time designated by
the death-warrant of the Governor, and the same shall be filed in the
office of the Clerk of the Court of Oyer and Terminer of the aforesaid
county, and a copy thereof published in two or more newspapers, one of
which at least shall be printed in the county where the execution took
place.
Language could not make the design of the Legislature more
intelligible. The walls of the prison yard effectually protect the
enclosed area from being overlooked or entered without license; and
it is within these walls that the extreme penalty of the law is to be
inflicted. The Sheriff or Coroner to whom the warrant is addressed,
is alone _required_ to be present. He is to _invite_ the presence of
one of the principal prosecuting officers of the government, and only
one of them. He is also to _invite_ one physician and twelve reputable
citizens of the county selected by himself, for the purpose. He is
_authorized_ to admit such ministers of the gospel as the culprit
may desire and name, _but never more than two_, and also any of his
immediate relatives, (if it were possible they could desire to witness
such a scene). Besides these, no persons can be present (but in direct
violation of law) except such officers of the prison, and such of
his own deputies as he, the Sheriff, in his discretion may think it
expedient to have present. And lest this permissive authority should be
unduly stretched, it is restricted by a positive prohibition, that no
other person shall witness the execution, and still farther to guard
against any injurious effects from the scene, it is provided that no
physician or minister, or relative, or officer of the prison, or other
party, shall be admitted, if not twenty-one years of age or upwards.
The second section evidently contemplates such a record of the
proceeding as shall be authentic and permanent in the absence of all
personal or oral testimony--as for instance, if the Sheriff executed
the warrant alone, none of the persons invited being in attendance,
nor any minister or relative, nor any of the prison officers, or the
Sheriff’s deputies, which, under the provision of the first section,
was a supposable event. Now we maintain, that any violation of the
letter or spirit of this law on the occasion of the execution of
_Arthur Spring_, was, in the first place, in derogation of the dignity
of the government--and in the second place, well fitted to bring all
law into popular contempt, and to give encouragement to the perverse
and disobedient to persist in their evil courses.
We avail ourselves of the columns of a highly respectable religious
Journal published in Philadelphia, for a statement of the facts
in respect to this particular case, rather than rely on our own
information:
Public-domain text, read in full here on John Shaqi.
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