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Beyond Penn's Treaty

The Life of Thomas Eddy; Comprising an Extensive Correspondence

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circumstances in the moral condition of the agent
which may justly lessen or aggravate his guilt; and,
by the wise constitution and jealous policy of our
laws, judges are not vested with any discretionary
power to apportion the punishment according to a
greater or less criminality of intention in the offen-
der. It is in a penitentiary house, that an oppor-
tunity is afforded of distinguishing the shades of guilt
in different offenders, and of correcting that error
and injustice, in some degree inseparable from the
best system of laws, by which persons, whose guilt
admits of different degrees, are subjected to the same
punishment.* * This topic may be enlarged upon in the conclusion, when we come to
speak of pardons. It would greatly assist the Inspectors in the just exer-
cise of their power, if the judges who sentence convicts were required to
furnish a statement of all the circumstances that attended the trial, or
which may have come to their knowledge, and which may serve to render
the guilt of the convict, in their opinion, more or less aggravated. It is for those to whom the superinten-
dence of such an institution is intrusted, to effect, as
far as possible, the amendment of the delinquent, and
thus to fulfil the highest duty of humanity. And,
it is with no small pleasure that the inspectors have
observed, that a number of those who have been dis-
charged from the prison confided to their care, have
continued in habits of industry and sobriety, and
bid fair to become good members of society. It
would, no doubt, be interesting to the philanthropist,
to be informed of the particular incidents in the
lives of such men, and the circumstances which
have furnished ground to predict the rectitude of
their future conduct. But this would, in some
degree, lead the writer beyond his immediate ob-
ject; and motives of prudence and charity ought,
perhaps, to induce him, for the present, to forbear such
a recital.

The most efficacious means of reformation are to
be found in that system of regular labour and exact
temperance by which habits of industry and sobriety
are formed. The inspectors have not been unmind-
ful of other means of amendment, less immediately