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Foreigners.—Any foreigner, on taking the oath of allegiance, may purchase and transfer land.
Judiciary.—The judges are appointed by the governor during good behaviour, and may be impeached or removed by him, on the address of two-thirds of both houses. They have fixed salaries, and can hold no other office. The judicial power is vested in different courts; namely, a supreme court, court of oyer and terminer, and general jail delivery, of common •pleas, orphan's coart, register's court, and court of quarter sessions of the peace for each county, and justices of the peace, and such other courts as the legislature may from time to time establish. The compensation for their services is fixed by law; and they can receive no fees nor perquisites, nor hold any office of profit under the commonwealth. The judges of the court of common pleas in each county are appointed by the governor, for the trial of capital and other offences within its limits; but on allegation of error, or other just grounds, an appeal lies from this to the supreme court. These judges also sit in the orphan's court and court of quarter sessions. The justices of the peace, appointed by the governor, are subject to removal for misdemeanour, by impeachment. In each county there is a register's office for the recording of deeds. Sheriffs and coroners are chosen for three years, by the citizens of each county, at the time and place of the election of representatives; and two persons are named for each office, one of whom is appointed by the governor, but cannot be re-appointed within the term of six years. The state treasurer is elected annually, by the joint votes of the members of both houses. Within the city of Philadelphia the supreme court has original jurisdiction in all civil cases in which the matter in controversy is of the value of 500 dollars, with appellate jurisdiction in all cases whatsoever. This court has its regular sittings in March and December; but it may order the trial of causes by jury, from time to time, before one judge only. When necessary, courts of nisi prius are holden yearly, during thirty-three weeks. The court of common pleas, which is holden four times a year, has jurisdiction of cases in which the matter of controversy exceeds 100 dollars, and appellate jurisdiction from the decision of the justices of the peace, in all cases exceeding 5 dollars and 33 cents. In 1811 a district court was established for the city and county of Philadelphia, composed of a president and two associates, who have power to determine all civil pleas, and to exercise the same powers as are vested in the court of common pleas. It has four terms annually. The register's court, which is holden from time to time, is composed of the register of wills and any two judges of the court of common pleas. Criminal Courts, for the trial of capital offences.— The justices of the supreme court are justices of those of oyer and terminer in the several counties; and the judges of common pleas in their respective counties. These courts are holden once a-year, by each alternately. The court of quarter sessions, which is held four times a-year, exercises jurisdiction in cases of misdemeanour and small felonies. The mayor's court, composed of the mayor, recorder, and alderman, has the like authority concerning similar offences committed within the city. In all criminal prosecutions the accused has a right to be heard by himself and his council, to meet the witnesses face to face; to have compulsory process, for the attendance of his witnesses, and a speedy public trial, by an impartial jury of the vicinage. He cannot be compelled to give evidence against himself, nor be deprived of his life, liberty, or property, unless by a judgment of his peers, or the law of the land. No law can be suspended, except by the authority of the legislature; nor the privilege of the writ of habeas corpus taken away, except in cases of rebellion or invasion. A debtor cannot be detained in prison after having delivered up his estate to the benefit of his creditors, in the manner prescribed by law. All prisoners are bailable, by giving sufficient securities, except in capital offences. Hard labour is the punishment for most crimes except murder and arson, which are punished by hanging. The celebrated work of Beccaria" del dclitti et delle pene" is said to have served as a model for the penal code of this state, which justly excites the admiration of the civilized world. * In the year 1815 the average number of prisoners was found to be a little more than 600, the expences for that year 35,157 dollars, and the earnings of the prison equal to the amount of expences. The advantages of this institution, where the punishments of solitary confinement and hard labour are proportioned to the magnitude of the crime, are demonstrated by the facts contained in the annual report of the inspec
* Letter written by Mr Bradford, attorney-general of the state of Pennsylvania, to Castiglioni, in Tom. II. p. 23 of his work, entitled, " Viaggio negli Stati Uniti del America Setlentrionak." tor. In that to Governor Mifflin they state, "that of the many who receive pardon not one returned a convict;" and they remark, " that the prison is no longer a scene of debauchery, idleness, and profanity; an epitome of human wretchedness; a seminary of crimes, destructive to society; but a school of reformation, and a place of public labour."*
* The leading features of the admirable system of prison discipline established in the state jail, will be understood from the following account of the regulations, taken from Mease's " Picture of Philadelphia."
"1. Cleanliness, so intimately connected with morality, is the first thing attended to, previously to any attempts at that internal purification, which it is the object of the discipline to effect. The criminal is washed, his clothes effectually purified and laid aside, and he is clothed in the peculiar habit of the jail, which consists of grey cloth, made by the prisoners, adapted to the season. The attention to this important point is unremitted, during their confinement. Their faces and hands are daily washed; they are shaved, and change their linen once a-wcek; their hair is kept short; and, during the summer, they bathe in a large tub. Their apartments are swept and washed once or twice a week, as required, throughout the year.
"2. Work, suitable to the age and capacity of the convicts, is assigned, and an account is opened with them. They are charged with their board, clothes, the fine imposed by the state, and expence of prosecution, and credited for their work; at the expiration of the time of servitude, half the amount of the sum, if any, left after deducting the charges, is required by law to be paid to them. As the board is low, the labour constant, and the working hours greater than among mechanics, it is easy for the convicts to earn more than the amount of their expences; so that, when they go out, they receive a sum of money sufficient to enable them to pursue a trade, if so disposed, or, at least, that will keep them
The judiciary officers of the United States for this state are:
1. A judge, with a salary of 1600 dollars. 2. An
from want until they find employ, and prevent the necessity of stealing. On several occasions, the balance paid to a convict has amounted to more than one hundred dollars; in one instance it was one hundred and fifty dollars; and from ten to forty dollars are commonly paid.—When, from the nature of the work at which the convict has been employed, or his weakness, his labour does not amount to more than the charges against him, and his place of residence is at a distance from Philadelphia, he is furnished with money sufficient to bear his expences home. The price of boarding is sixteen cents per day, and the general cost of clothes for a year is nineteen dollars thirty-three cents.
"3. The prisoners lie on the floor, on a blanket, and about thirty sleep in one room; they are strictly prohibited from keeping their clothes on at night. The hours for rising and retiring are announced by a bell; and at those times they go out and come in with the greatest regularity. For their own comfort, they have established a set of rules respecting cleanliness, on breach of which a fine is exacted. No one is permitted even to spit on the floor. A large lamp is hung up, out of the reach of the prisoners, in every room, which enables the keeper or watch to see every man; and for this purpose a small aperture is made in every door. The end of the cord by which the lamps are suspended is outside of the rooms; the solitary cells is the punishment for extinguishing these lamps.
"4. Their diet is wholesome, plain, and invigorating, and their meals are served up with the greatest regularity and order; a bell announces when they are ready, and all collect at the door leading to the passage where they eat, before any one is allowed to enter. They then take their seats without hurry or confusion, and all begin to eat at the same time. While eating, silence is strictly enjoined by the presence of the keepers, who give notice of the time for rising from table. For breakfast, they have about three.fourths