alleviating the miseries of those persons whom these aldermen have sent to prison. They discharge a duty imposed by law in incarcerating the accused. They discharge another duty, imposed by humanity and religion, in releasing the prisoner from confinement. Of course there are errors, and perhaps, sometimes, cruelty -but even these errors and that cruelty would be greatly abated, if not entirely removed, by a change in the mode of appointing and compensating the aldermen, even if the same men should be placed in the same offices.

But another evil calls for correction, viz.: the very indefiniteness of certain terms that apply to violations of ordinances and laws.

For example, the law of this Commonwealth annexes to the crime of drunkenness the penalty-a fine or twenty-four hours' confinement. And disorderly conduct and vagrancy may have thirty days penalty, or the penalty may be remitted by the Inspectors of the Prison. Druukenness, then (if it pay no fine), is punished with twenty-four hours. Now as the drunkard rarely has the means of paying his fine, or if he could raise it, he perhaps would consider it economical, to save in prison twice as much as he could earn out of it. So he is sent down. And the disorderly person is also sent down to the prison (we say sent down-for, thank God, whatever may be its location it is going down to go to a prison), but not as a drunkard, or disorderly person— but a peace breaker." This perhaps procures to the committing magistrate some money, or the friends of the prisoner may raise a little, to pay the fine and pro

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cure the release—but all this is contrary to the spirit of the law and to good order. Perhaps the Court could remedy this in part, by a definition of offences and a proper discrimination. We have no intention here of censuring the magistrates. If they were paid a fair salary, as are the judges of the County Court, they would be removed from the necessity, at least the temptation of doing what seems oppressive but not unlawful. What would be said of the judges of our courts if their compensation depended upon fees, and the costs and fines of litigants. We need not say how dangerous would be such a mode of maintaining the courts. do not suppose that there would be any just cause for complaint with existing judges, we know them too well, but there would be complaints. There would, moreover, be attempts to divert the course of justice. Let us thank God for what is left of the independence of the judiciary, and pray that "good conduct" tenures be restored, and a liberal, gentlemanly salary provided for those who now spend day and night in studying and trying to administer law and justice, and yet may be driven from their place of labor, to want, by a breath of party displeasure.

Those who would alleviate the miseries of prisons or assist individuals and societies engaged in that good work, must consider the importance of a judiciary independent of political influences, and place the judges above the "res angustæ domi" by a fair salary. But most of all, the miserable dependence of the magistracy upon the pitiful "costs" of more pitiful cases brought before them, is to be and ought at once to be removed.

CRIMINAL LUNATICS.

This Society has never failed, on proper occasions, to seek to ameliorate the condition of "criminal lunatics." And the State has sought to meet the wants of that class of sufferers by the erection of a State asylum, and the enactment of laws that may make the institution available to the good purpose of its establishment. All has not been done that the case requires, and many poor, insane persons remain in prison cells, exposed to the constant irritation of a partial sense of their condition, and no recollection of the cause of their confinement. One or two new buildings are required.

In Great Britain the subject has occupied much attention, and considerable legislation has been found necessary to meet the exigencies of the case. In 1867 a Criminal Lunatic Act was passed, authorizing a merciful disposal of criminals (who were lunatics), and whose sentence expired before there is proof of restored sanity. But doubts were entertained whether such an act extends to criminal lunatics whose terms of punishment have expired previous to the passing of that act, and for the removal of these doubts an act is passed allowing the act of 1861 to be retroactive, and operative in the case of prisoners whose time had expired before the passage of that act.

Among the arguments against the Commutation Law of the State of Pennsylvania some few years since, one was that it must be inoperative, because it was ex post facto in its application, that is, it interfered with the

sentences of courts passed before the enactment of the law, and was therefore held to be unconstitutional in this State. Such an argument would not be of the same weight in England. Here a written constitution limits a legislature. In England Parliament is omnipotent, and can with one enactment supply the deficiencies or correct the error of another. Legislatures sometimes need restraints as well as inducements, and even in doing good it seems best to make haste slowly.

NECROLOGY.

We scarcely hoped that a year would pass without the necessity of stating the death of one or more of the active members of this Society, especially as some of them are now well advanced in years. But we scarcely thought that one among the youngest as well as of the most efficient of our laboring members would have been called away, while so many his seniors in years are left to mourn the disappointment of the hopes of the future usefulness of their co-laborer. The Society has to lament its great loss in the death of

PHILIP PHYSIC RANDOLPH, ESQ.

The following are the proceedings of the Society in reference to the painful event:

At a stated meeting of the Acting Committee of the Philadelphia Society for Alleviating the Miseries of Public Prisons, held fifth month 20th, 1869,

The President announced the death of our late fellow-member, Philip Physic Randolph, in the following communication to the Society:

MY FRIENDS

Since we last met death has been in our midst. It has pleased the Almighty Disposer of all things to take from us a beloved and valued associate. Philip Physic Randolph has ceased from his labors. He died, after a brief illness, on the morning of the 4th instant, at his residence, South Fourth Street. Possessing an ample fortune, and high social position, enjoying the respect of his fellow-citizens, and surrounded by numer ous and attached relatives and friends, life possessed many attractions for him. But the pleasures of the world never seduced him from the line of duty. His chief delight was in relieving the distressed and in comforting the afflicted.

You have had a full opportunity of witnessing the earnest zeal with which he sought the cell of the prisoner, the punctuality with which he attended the meetings of the Society, of this and other Committees of which he was a member. You know how we were drawn to him by the gentleness of his manners, and the modesty of his deportment. How he commanded our respect by the rectitude of his conduct, and our love by the purity of his life. Although we shall no longer be cheered by his presence, or instructed by his counsel, we shall have his example to encourage the lukewarm to be ardent, and the indolent to be active, and all of us not to be weary in well doing, and thus imitate our