The sheriff being created an absolute functionary, with unlimited powers to control the jail in all its varied functions, without either commissioners or jail-committee, what state of management may be expected? The court gives no specific direction as to the apartment or mode of confinement when sentencing a criminal; consequently, it becomes an established fact that the legislative confidence deposed in the sheriff is used as a medium of favors, to be dispensed as best suits the feelings or interests of the incumbent. Such power in the hands of an arbitrary, vindictive, or avaricious man, affords unlimited means of abuse, and without fear of exposure.
It may be inferred from what we have said that the jailer was relax in his duty. This is not the case, for we have good authority that a more kind-hearted and benevolent man never filled the office. But his power was so restricted by those in absolute control, that his office became a mere turnkey's duty, for which he was paid the pittance of five hundred dollars a year or thereabouts. Thus he discharged his duty according to the instructions of the sheriff, who, it was well known, looked upon the jail as a means of speculation; and in carrying out his purposes, he would give very benevolent instructions in words, and at the same time withhold the means of carrying them out, like the very good man who always preached but never practised.
Now, how is it? What is the regimen of this jail-prison and how is it provided? We will say nothing of that arduous duty which the jailer performs for his small sum; nor the report that the sheriff's office is worth fourteen thousand dollars a year: these things are too well established. But the law provides thirty cents a day for the prisoner's maintenance, which shall be received by the sheriff, who is to procure one pound of good bread, and one pound of good beef per day for each man. Now this provision is capable of a very elastic construction. The poor criminal is given a loaf of bad bread, costing about three cents, and a pound of meat, the most unwholesome and sickly in its appearance, costing five cents. Allowing a margin, however, and we may say the incumbent has a very nice profit of from eighteen to twenty cents per day on each prisoner. But, as no provision is made against the possibility of the criminal eating his meat raw, he is very delicately forced to an alternative which has another profitable issue for the sheriff; that of taking a pint of diluted water, very improperly called soup. Thus is carried out that ancient law of England which even she is now ashamed to own. Our feelings are naturally roused against the perpetration of such abuses upon suffering humanity. We struggle between a wish to speak well of her whose power it is to practise them, and an imperative duty that commands us to speak for those who cannot speak for themselves.