Lesley.] 490 [November C. 



on this bis favorite topic, treating the subject exhaustively, with 

 the acumen of a law3'er, and the just feeling of a true philan- 

 thropist. 



In March, 1861, a committee, appointed the previous Novem- 

 ber, reported in favor of memorializing the Legislature for a 

 law to reward the good behavior of convicts with a graduated 

 diminution of their sentences. Mr. Foulke opposed this on legal 

 grounds, and especially because the nonconcurrence of the Inspec- 

 tors of the Eastern Penitentiary had been disregarded. Such 

 a law was however obtained. The Inspectors courteously pro- 

 posed to the Societ}^ an amicable suit to test its validity'. A 

 case was made, and the Court pronounced the law^ unconstitu- 

 tional. In the initiation and pursuit of his philanthropic mea- 

 sures, Mr. Foulke was studiousl}' careful never to put himself 

 and his coadjutors into a false position, antagonising the stat- 

 utes or authorities of government. If any change of law was 

 contemplated, he exhibited a most scrupulous caution to avoid 

 hasty and irregular means for reaching the desired end. Hence, 

 in a great measure, his power and success in life. And hence 

 his resignation from the Acting Committee of the Societ}^, in 

 October, 1861, actuated by an unconquerable repugnance to its 

 assumed attitude of antagonism to the constituted authorities 

 of the Eastern Penitentiarj^ His motives for this step, are 

 lucidly and forcibly set forth in the last article of the last Vol- 

 ume of the Journal of Prison Discipline, — an article distin- 

 guished for its candor, and no less for the absence of all harsh 

 dealing with the arguments of his opponents, — but so obnoxious 

 to the friends of the new law, that an abrupt termination was 

 put to the publication of the Journal. Resolutely opposed to 

 whatever savored of bigotr}' in politics, religion, or social econ- 

 omy, while he patiently listened to all expressions of oppo- 

 sing opinions, he claimed a fair hearing in defence of his own. 

 Thus ended that long career of active beneficence in this di- 

 rection, of wdiich all that has been said about it, is a poor and 

 meagre sketch, doing no justice to the weeks and months and 

 years devoted to journeys and examinations, consultations, dis- 

 cussions, conferences with strangers from other States and from 

 European countries, correspondence, reports, addresses, memoirs, 

 besides the constant active duties of inspection in Philadelphia, 

 and attendance upon legislation at Ilarrisburg. The science of 



