The whole system of magisterial justice has, in this city, fallen into disrepute; and those who are the objects of its penalties, seem to lose respect for its ministers and their ministration, and to regard arrest and imprisonment as a misfortune which is as likely to fall upon one as another, if poor, and which therefore justifies any effort to evade the penalty.
This was not always so; we speak of the estimate of aldermanic justice. There never was a time when vice and crime did not abound in a great city, and, consequently, if respect for public rights exists, and a necessity for order is admitted there is likely always to be business for the police, and cases for the magistrates. But there is a mode of conducting both arrests and “hearings,” that makes the difference in the proceedings and their effects. And when we shall have looked a little more into the details of the matter as they are presented, we shall not only see the cause of the evils which we deplore, but shall rapidly and easily arrive at a conclusion with regard to some of the means which are to be employed to alleviate the miseries of public prisons, and thus see that the subject of which we now treat, is one that directly connects itself with the aims of the Society, and that it demands from us an opinion of the evil which it involves, and a consideration of the plans which may be suggested as a remedy.
The small income from the office of Alderman in this city is augmented by a salary allowed to six of them, who may happen to be of the right kind of politics to ensure their claims upon Councils to be elected Police Magistrates. The changes which the Charter of the City has undergone by amendments and substitution, have left Philadelphia in an anomalous situation with regard to offices. Every ward in the city has one or more Aldermen, who possess now little else than the functions of a justice of the peace. And the roll of officials bears also the name of a “Recorder,” yet that functionary has few if any other relations with the city government than has the humblest of the Aldermen; or if he has, it is some remnant of ancient obligation to do service never required, or to demand fees seldom paid to him. No one can deny that the present Recorder discharges well the duties of a justice of the peace, so far as his power extends; but no one will say that the office is essential to any branch of justice in the city if all others are well executed.
We speak now rather in abstract, but it may not be out of the way to say, that the citizen who occupies at present the place of Recorder, seems to illustrate the idea of an efficient magistrate, as, without any particular call upon him, he has been a terror and a scourge to evil doers, and thus he magnifies his office, and makes it honorable.
The report of our Prison Agent, extracts from which have been given, shows to what an extent the evil to which we allude has already extended. His labors procured the release of more than a hundred persons every month. Now, though in many instances the prisoner thus released may have violated some law, and thus have rendered himself obnoxious to the penalties of the statute, yet in a greater part of the committals, investigation shows that the idea of just convictions did not enter into the complaint, and that the magistrate might have caused a settlement of the matter, without recourse to incarceration, in the infliction of fine; or at least it would be easy so to amend the laws of the State as to empower the magistrate to deal thus with the accused. Much the largest part of the commitments, however, are of a kind that do not often come to the knowledge of the Agent, but are referred to the “Visiting Inspectors” of the Prison. These are for drunkenness, disorder, breach of the peace, and vagrancy; and as an Act of Assembly gives to the Inspectors of the Prison the power to discharge persons committed for such offences, it follows that many committed for thirty days are released before the expiration of their term. Intoxication is charged, and the miserable offender is sent to the prison; perhaps a family is dependent upon his or her labor, or an infant needs the nourishment, which only a mother can afford; and the miserable mother is suffering from an excess of that from which only an infant can ordinarily relieve her.
An innocent woman has often been taken up in a grand swoop which a spasmodic effort of the police has made, and she is included in the long list of commitments as drunk, or a vagrant. Many of those who were guilty of the lower offences charged against them receive no good from their incarceration, and society is not benefited by their removal from the labor which maintains them and a family, and the imprisonment devolves upon the city the expenses of the support, often both of the offenders and their families.
A considerable portion of the community that have acquaintance with the prison by commitment, are of a class that think all personal redress, and all protection from wrong, and all safety from the consequences of their own misconduct lie in an appeal to the magistrate, and a trifling quarrel in a neighborhood frequently leads to the arrest and incarceration of the principal members of several families, and the offending and the offended parties are often seen withdrawing from the contests of hands and clubs, and contending in a foot race to see which shall first enter complaint before a magistrate. Often in these matters both succeed; each contrives to get his antagonist into prison, and mulct him in costs. Occasionally it happens, that “the race is not to the swift;” success is found to depend on the possession of the means to pay the first cost of the action. Perhaps the most painful, because the most unrighteous, of this kind of suits, are those in which a quarrelsome drunkard, having beaten his wife, proceeds at once to the magistrate and charges her, on oath, with assault and battery, or with assault and threats, and the poor woman comes down to the prison with her head bruised, her eyes blackened, and her whole frame bearing marks of the outrageous injury inflicted by her cowardly, drunken husband, who, after a few days, finding his household matters in some derangement for want of a female head, obligingly releases his wife from prison, till his time for another debauch has arrived. Nor is it to be denied that the drunken wife often, very often, brings the husband into similar difficulties. In some of these cases a magistrate might, by interference, mitigate a portion of the misery which is inflicted, and by his friendly advice prevent much that usually follows.
This constant resort to litigation in those who have no “cause” but what they create of themselves, is one of the crying evils of the times. The facility of a warrant, and the knowledge that the facility results from its price, cause a large portion of the cases which reach our courts of justice, or are settled, “with costs,” between the Alderman’s office and the jury-room.
Another class of cases is found in the prison—that of disorderly houses. Now it is well understood that the term “disorderly house,” has a specific signification when connected with a charge before an Alderman; yet, on enquiry as to the character of the “disorder,” it frequently happens that the offenders were in the exercise of customary rights in their own apartment. Singing, perhaps, or talking loudly; or, it may happen, that not even such disturbances are mentioned. But the proprietor of the house, usually an under-letter, can do better with his contracted premises by a larger rent, or more ready collection, he therefore incurs the cost of magisterial interference, the tenants, he knows, cannot find freehold bail, they will sell a part of their goods to pay back rent and cost, and for the sake of exemption, or release from confinement, will agree to leave the rooms, and thus the prosecutor secures the first object of his unjust movement, and is saved also the cost of a defeat in court.
The number of persons committed on the charge of “disorderly houses,” is astonishing; especially when it is considered how many “disorderly houses” remain unvisited, and the occupants not arrested. But we must not forget the fact, that the movement of the magistrate in these cases is sanctioned, perhaps required, by the solemn oath of the complainant.