the felon. All other felonies were for the firft offence punishable by fine, imprisonment, or corporal punishment, or all or either of them at the difcretion of the court. For the fecond offence the

offender was to fuffer death. These felonies confifted of various thefts not of the preceding defcription, amounting to Grand Larceny, that is, above the fum of five pounds; Stealing any record, procefs, &c. out of the office of the Secretary of State, or of any of the Courts of Record; Levying a fine, suffering a recovery, or acknowledging any deed, recognizance, bail or judgment, in the name of another not privy or confenting thereto; Embezzlement of his mafter's goods by a fervant or apprentice above eighteen years old to the amount of twenty fhillings; Forcible abduction, marrying, or defiling a woman; Carnal knowledge or abuse of any child under ten years of age, &c.

In 1794, one of our citizens who was well acquainted with the plan and economy of the new penitentiary houfe in Philadelphia, convinced of the beneficent effects of a system which, fixing a just proportion between crimes and punishments, afforded room for the exercife of benevolence in the work of reformation, became folicitous to extend the benefits of fuch a scheme. He procured a number of copies of a report on the criminal code of Pennsylvania, with an account of the penitentiary there, and tranfmitted them to two of the members of the legislature of New-York, then fitting in Albany, with a requeft that they might be diftributed

* By William Bradford, Efq. one of the Judges of the Supreme Court of Pennfylvania.

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among the members, who, on their return home to their respective counties, might communicate them to the people, whofe attention would thus be called to a fimilar reformation in their own laws. The fame citizen, in 1795, made feveral vifits to the prisons in Philadelphia, for the purpose of obtaining complete and fatisfactory information of the operation and effects of the new system of punishment established, in which he received ample affiftance from his worthy and intelligent friend CALEB LOWNES.

The refult of these inquiries was communicated by him to General SCHUYLER, a distinguished member of the Senate of this State. This publicfpirited fenator, perceiving the great importance of the fubject, and the wisdom of an experiment fo loudly demanded by humanity, vifited, in company with the fame person, the Philadelphia penitentiary, and witneffed, with furprise and fatisfaction, the spirit of wisdom and benevolence which prefided in that inftitution; the cleanliness, decency, order, and tranquil industry which prevailed in every part. With minds deeply impreffed with what they had seen and heard, they returned to the city of New-York, where the legislature were then convened. A few citizens, actuated by the fame fentiments were confulted, and a plan of reform, in a bill" for making alterations in the criminal laws of the State, and the erecting of ftate-prifons," was prepared by General Schuyler, and in four days after his return, was prefented to the Senate. The bill was introduced by an able and animated speech of the mover; and after being powerfully

supported by several members,* was carried, with only one diffenting voice; and in the house of affembly with but nine oppofing votes. This bill, after paffing the ufual forms, became a law on the 26th March, 1796.†

By this law, which has received several amendments fince it was enacted, all those crimes, (excepting treafon and murder, which continue capital) that were before punished with death, are now punishable with imprisonment for life in the State-Prifon; and, if the Court think fit, the criminal may be sentenced also to hard labour or folitary confinement, or both. All offences above the degree of petty larceny, and not included in the above description, or otherwise punished, and stealing from a church, (before a capital offence) are made punishable for the first offence with imprifonment in the State-Prifon to hard labour or folitude, all or either of them, at the discretion of the Court, for a term not exceeding fourteen years. For the fecond offence the punishment is increased to imprisonment for life, hard labour or folitude, or both. Petty larcenies, buying and receiving ftolen goods, &c., obtaining money, goods, &c. by fraud under false pretences, for the first offence

* Among these, AMBROSE SPENCER, Efq. particularly distinguished himfelf as a most zealous friend to the proposed reform.

By this law, two state-prisons were directed to be built; one at NewYork, and the other at Albany. The plan of a prison at Albany was afterwards relinquished, and the whole of the money appropriated for both prifons was directed to be applied to the one in the city of New-York. JOHN WATTS, MATTHEW CLARKSON, THOMAS EDDY, JOHN MURRAY, jun. and ISAAC STOUTENBURGH, were appointed Commiffioners for building the prifon.

are subjected to imprisonment, hard labour, or folitude, or both, or imprisonment only, as the Court may direct, for a term not exceeding one year; perfons guilty of a fecond offence have their punishment augmented for a time not exceeding three years.

Perfons fentenced to imprisonment for any time lefs than twelve months, are confined in the county gaols, and cannot be sent to the State-Prison.

Corporal punishment is wholly abolished; and no conviction or attainder for any crime, except treason, can work any forfeiture of goods, chattels, lands, tenements, or hereditaments, or any right therein; and all forfeitures in nature of deodands, and in cafes of fuicide, or flight from justice, are done away.

To prevent escapes, by a law in alteration of the first law, perfons fentenced for life, who break out and escape from the prifon, and commit any felony above the degree of petit larceny, are punishable with death. Convicts fentenced to imprisonment for a term of years, who break out of prifon, and are afterwards retaken, are to undergo imprisonment for a period double the time specified in the original judgment, to commence from the time of the last conviction, though at the time of being retaken, the original term had expired; and as often as any person, not adjudged to imprisonment for life, fhall escape from prifon, the period for which he was fentenced fhall commence anew from the time of his escape.

The friends of reform were fenfible that the new law was imperfect. The fubftituting of imprifonment for life for the punishment of death in certain cafes, did not alter the relative proportion of punishment for crimes of different degrees of malignity; and if guilty a fecond time of the fame offence, though in degree inferior to the highest crime, the criminal is fubjected to the highest penalty. Great changes, however, in matters fo deeply interefting to the community, fhould not be too fuddenly made. The work of reformation is flow, and must encounter many and strong prejudices, and the force of long-established opinions. It was prudent to liften to the voice of those who advised a forbearance of further change till experience had fully ascertained the advantages and defects of the new fyftem. These will be gradually developed in the progrefs of the experiment; but many years are neceffary to its completion. A flight acquaintance with the nature of man and the history of society is fufficient to convince the confiderate and difpaffionate obferver, that the full effects of an inftitution of this kind cannot be felt, nor the trial of its wisdom and efficacy be fairly and fatisfactorily made, until after a long and perfevering attention to its management and operations.

* In the criminal code of JOSEPH II. Emperor of Germany, figned January 1787, the punishment of death is not to be found. High treafon is punished by thirty years imprisonment, confifcation of property, and branding, Murder and other offences against human life and bodily fafety, are punished by imprisonment for thirty, fifteen, twelve, eight, and five years, according to the different degrees of turpitude.

"If an equal punishment be ordained for two crimes that injure fociety " in different degree, there is nothing to deter men from committing the greater, as often as it is attended with greater advantage." (Beccaria.)