“Resolved, That a Committee of five be appointed to apply to the Legislature for the passage of a law, in conformity with the recommendation set forth, with authority to proceed to Harrisburg, to endeavor to procure its enactment.”
They also appended thereto a schedule of the proposed deduction to be made for continued good conduct on the part of prisoners.
The time of the meeting at which the report was received being so occupied with other matters as not to allow of a full discussion of a subject of such importance,
it was concluded to adjourn for one week, for this special purpose.
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.”
Second.—“That in all cases of first conviction for crime, of persons between 21 and 25 years of age, the term of imprisonment shall in like manner be lessened, as a reward for good conduct, by the reduction of three days in every thirty, after the first twelve months of imprisonment.”
We, however, think that it would be illy worth our while on this occasion, to enter into an elaborate defence of the law, especially, as it is probable that measures will soon be taken to procure a judicial interpretation of it. We shall, therefore, dismiss the subject after merely putting ourselves right, in relation to some erroneous ex parte statements with regard to our Society, unnecessarily