The sentence in Combe is as follows:--

"The Auburn system of social labor is better, in my opinion, than

that of Pennsylvania, in so far as it allows of a little more

stimulus to the social faculties, and does not weaken the nervous

system to so great an extent; _but it has no superiority in regard

to providing efficient means for invigorating and training the

moral and intellectual faculties_."[181]

[181] Notes on the United States, Vol. I. p. 224.

Thus does our Report, while pretending to give Combe's "Opinion of

the Pennsylvania System," stop at a semicolon, and omit the latter

branch of a sentence, where the opinion is _favorable_ to the system.

And yet the Treasurer vouches for the accuracy of this quotation. "I

think I can read English," he says, "and I think the extract from Combe

properly made."

* * * * *

Mr. ELIOT here rose and said, "I did not mean to vouch for the

verbal accuracy of the quotation, but that it gave the substance of Mr.

Combe's opinion, which was against the Pennsylvania System."

* * * * *

Mr. SUMNER. The Treasurer, then, relies upon Mr. Combe's

authority as adverse to the Pennsylvania System. I hold in my hand

a letter from that gentleman, dated Edinburgh, March 24, 1847,

addressed to the author of the Minority Report to this Society [Dr.

HOWE], since published as an essay, and which has been

characterized in this debate as an uncompromising plea for that system.

In this letter Mr. Combe says:--

"I have read every word of your Prison Essay with attention, and

do not perceive any difference of principle between your views and

mine. Your Essay is a special pleading in favor of the Pennsylvania

System; but I do not object to it on this account. Such a pleading

was called for in the circumstances mentioned in your preface; it

was the thing needed to make an impression; and while it states

strongly and eloquently the advantages of the Separate System, it

does not conceal, although it does not dwell upon, its defects."

And yet Mr. Combe is pressed by our Report, and now by our Treasurer,

in opposition to this system; and the work is aided by publishing a

truncated sentence, and entitling it _his opinion_.

_Thirdly._ We have already observed the timely opposition of William

Roscoe to the system of _solitude without labor_, which promised to

prevail extensively in the United States. From his publication on

this subject, in 1827, our Eighteenth Report, in 1843, draws forth a

passage, and entitles it, in capitals, "MR. ROSCOE'S OPINION OF THE

PENNSYLVANIA SYSTEM." I will give the whole article or chapter. It

is as follows.

"MR. ROSCOE'S OPINION OF THE PENNSYLVANIA SYSTEM.

"Mr. Roscoe, of Liverpool, said, before the new Penitentiary was

built,--

"'At Philadelphia, as has before been observed, it is intended

to adopt the plan of "solitary confinement in all cases," "_the

duration of the punishment to be fixed_," and "_the whole term of

the sentence to be exacted_," except in cases where it shall be

made to appear, to the satisfaction of the governor, that the party

convicted was innocent of the charge.

"'By the establishment of a general system of solitary confinement,

a greater number of individuals, imprisoned for _minor offences,

will probably be put to death_, by the superinduction of diseases

inseparable from such a mode of treatment, than will be executed

through the whole State, for the _perpetration of the most

atrocious crimes_; with this remarkable difference, that the law

has provided for the heinous offender a brief, and perhaps an

unconscious fate, whilst the solitary victim passes through every

variety of misery, and terminates his days by an _accumulation of

sufferings which human nature can no longer bear_.'"[182]

[182] Eighteenth Annual Report of the Prison Discipline Society, p.

95.

With regard to this several things are to be observed. 1. It sets

forth, as Mr. Roscoe's opinion of the Pennsylvania System, what, in

fact, was not his opinion of that system, but of another system, that

of _solitude without labor_, and was written two years before the

Pennsylvania System came into existence,--misapplying his opinion,

and therefore misrepresenting it. 2. It withholds or suppresses the

date of the extract, and the source whence it is drawn. In point of

fact, it was written before the new penitentiary was built; but it

is nevertheless entitled "Mr. Roscoe's Opinion of the Pennsylvania

System," so that the reader unfamiliar with the subject would suppose

it in reality his opinion of that system. 3. It omits an important

passage after the word "charge," without any asterisks or other mark

denoting omission,--which, if printed, would have shown conclusively

that Roscoe's remarks did not apply to the existing Pennsylvania

System, but to a system of absolute solitude, without solace of any

kind. Is it not proper, then, to say that this passage is garbled? And

yet the Treasurer's voucher for the accuracy of the quotations extends

to this also.

_Fourthly._ The opinions of Lafayette receive similar treatment to

those of Roscoe; though this case is still stronger against that most

discreditable Eighteenth Report. The article or chapter in which this

is done is as follows.

"GEN. LAFAYETTE'S OPINION OF THE PENNSYLVANIA SYSTEM.

"'As to Philadelphia,' says the General, in a letter to Mr.

Roscoe, 'I had already, on my visit of the last year, expressed my

regret that the great expenses of the new Penitentiary building

had been chiefly calculated on the plan of solitary confinement.

This matter has lately become an object of discussion; a copy of

your letter, and my own observations, have been requested; and as

both opinions are actuated by equally honest and good feelings,

as solitary confinement has never been considered but with a view

to reformation, I believe our ideas will have their weight with

men who have been discouraged by late failures of success in the

reformation plan. It seems to me, two of the inconveniences most

complained of might be obviated, in making use of the solitary

cells to separate the prisoners at night, and multiplying the rooms

of common labor, so as to reduce the number of each room to what

it was when the population was less dense,--an arrangement which

would enable the managers to keep distinctions among the men to

be reclaimed, according to the state of their morals, and their

behavior.' 'In these sentiments,' says Mr. Roscoe, 'I have the

pleasure most fully to concur; and I hold it to be impossible to

give a more clear, correct, and impartial decision on the subject.'

"'The people of Pennsylvania think,' said Lafayette, 'that the

system of solitary confinement is a new idea, a new discovery.

Not so;--it is only the revival of the system of the Bastile. The

State of Pennsylvania, which has given to the world an example

of humanity, and whose code of philanthropy has been quoted and

canvassed by all Europe, is now about to proclaim to the world the

inefficacy of the system, and to revive and restore the cruel code

of the most barbarous and unenlightened age. I hope my friends of

Pennsylvania will consider the effect this system had on the poor

prisoners of the Bastile. I repaired to the scene,' said he, 'on

the second day of the demolition, and found that all the prisoners

had been deranged by their solitary confinement, except one. He

had been a prisoner twenty-five years, and was led forth during

the height of the tumultuous riot of the people, whilst engaged in

tearing down the building. He looked around with amazement, for he

had seen nobody for that space of time, and before night he was

so much affected, that he became a confirmed maniac, from which

situation he has never [never was] recovered.'"[183]

[183] Eighteenth Annual Report of the Prison Discipline Society,

pp. 95, 96.

With regard to this, also, several things are to be observed. 1. It

invokes the authority of Lafayette against the Pennsylvania System,

and quotes as his _opinion_ of that system words used with regard to

_solitude without labor_, as in the Bastile. In fact, Lafayette never

condemned what in 1843 was known as the Pennsylvania System, nor ever

expressed any opinion impugning it in any degree. His family are at

this moment among its warmest advocates in France. 2. It withholds

or suppresses the date of the extract, and the source whence it is

drawn, and does not in any way disclose to the uninformed reader that

it was actually written before the origin of the Pennsylvania System.

3. The extract purports to be from a letter of Lafayette to Roscoe;

whereas this is true only of the first paragraph. The second is from

an anonymous letter from Paris, in the "National Intelligencer" of

November 17, 1826, where the writer relates a conversation with

Lafayette concerning the prison then building in Philadelphia, in

which it was proposed to introduce _solitude without labor_. 4. After

the words "unenlightened age," in the very heart of this extract,

an important passage is omitted,--without asterisks or other mark

denoting omission,--which, if inserted, would have shown conclusively

that Lafayette's opinion was directed to a system of solitude, "without

the least employment, and without the use of books." May it not be said

justly, that the opinions of Lafayette are misrepresented and garbled?

_Fifthly._ Here I can only glance at a matter to which I alluded on a

former occasion. Our Eighteenth Report sets forth at length disparaging

pictures by Mr. Dickens of the Pennsylvania System, while it makes no

mention of opinions by Captain Hamilton (the accomplished author of

"Cyril Thornton"), Miss Martineau, Dr. Reed, Dr. Matheson, Dr. F.A.

Cox, Dr. Hoby, Captain Marryat, Mr. Buckingham, and Mr. Abdy, all of

whom have expressed themselves with more or less distinctness in favor

of that system. Nor does it make any allusion to authoritative opinions

by different commissioners from foreign governments: as Crawford, from

England, in 1834; Demetz and Blouet, from France, in 1837; Pringle,

from England, in 1838; Julius, from Prussia, in 1836; and Neilson and

Mondelet, from the Canadian government, in 1836,--all of whom reported

emphatically in favor of the Pennsylvania System. Surely it was not

candid and just to neglect all that these travellers and commissioners

had reported, while bringing forward the imaginings of Mr. Dickens, and

unearthing dateless letters of Roscoe and Lafayette, to employ them in

a cause for which they were never written.

_Sixthly._ Our Eighteenth Report is open to another objection, either

of gross ignorance or most uncandid withholding of information. It

employs these words, which appear remarkable when we consider the

actual facts: "_What will be done in other countries is evidently_

_suspended, in a great degree_, on the results of more experience in

regard to the effects of the system." Nothing more is said of what had

been done in other countries, and the reader is left to infer that

_nothing_ had been done. This was in May, 1843. Now what, _at that

time_, had been done in other countries?

In England the inspectors of public prisons had made two or more

able and extensive reports in favor of the Separate System, where

the principles on which it is founded are developed with fulness and

clearness. Parliament had passed a law authorizing the creation of a

model prison on this system at Pentonville. This had been built, and

also other prisons on the same system in different parts of the kingdom.

* * * * *

Mr. DWIGHT. Will the gentleman please to state the difference

between the prisons at Philadelphia and Pentonville?

* * * * *

Mr. SUMNER. With great pleasure, so far as any exists. The

two are founded on the same principle of _separation_, though that of

Pentonville is probably administered with less austerity than that of

Philadelphia. They may differ in degree, but not in kind.

I return to a review of what had been done in 1843, when I was

interrupted.

In France the subject had undergone most thorough discussion, in

journals, in pamphlets, among professional men, and in official

documents. The Government and the highest authorities in state and

in medicine had declared in favor of the Separate System. Their

conclusions were founded on ample inquiries by commissions visiting

America, England, Scotland, Holland, Belgium, Switzerland, Italy,

Germany, Prussia, Spain, and even Turkey. In 1836, Count Gasparin,

Minister of the Interior, wrote a circular informing the prefects of

the departments that the Government had decided to adopt exclusively

the Separate System in the _maisons d'arrêt_, or what may be called

the county jails. In 1839 the grave question of the influence of

this system on health, bodily and mental, was submitted to the

highest living authority, the Academy of Medicine, who referred it

to a committee consisting of MM. Pariset, Moré, Villermé, Louis, and

Esquirol. Their report, drawn up by the last named distinguished

authority, expressly declared that "separate imprisonment by day and

night, with labor, and conversation with the overseers and inspectors,

does not abridge the life of the prisoners, nor compromise their

reason." This report afterwards received the sanction of the learned

body to which it was addressed. In 1840, M. Rémusat, Minister of the

Interior, submitted the project of a law for the building of prisons on

the principle of _separation_. This was sustained by a masterly report

from M. de Tocqueville, dated June 25, 1840. It was followed in 1841 by

another circular from the Home Department, communicating an atlas of

plans to the departments as their guide in building prisons. I hold one

of them in my hand now.

* * * * *

Mr. DWIGHT, looking at the atlas, said, "The cells here are on

a circumference, whereas in Philadelphia they are on radii."

* * * * *

Mr. SUMNER. In some of the plans the cells are on a

circumference, and in some on radii. Does this make any difference in

the system?

I will proceed. In 1843, 17th April, Count Duchatel, in behalf of

the Government, introduced a bill providing for the extension of the

principle of _separation_ to all the _maisons de force_ throughout

France. It was calculated that this could not be carried into execution

at an expense less than one hundred and seven millions of francs, or

nearly twenty millions of dollars. At the same time it appeared that

the extensive prison La Roquette, in Paris, had been for several years

in most successful operation. Still further, in 1843, it was stated by

M. de Tocqueville, that, since 1838, _thirty_ prisons, containing two

thousand seven hundred and forty cells on the Separate System, had been

built, or were in an advanced state of building, in the departments of

France. Yet nothing of all this is in our Report.

In Poland, it appears that a prison on the Separate System was

commenced as long ago as 1831, and has been in successful operation

since 1835, while in 1843 appropriations were made to build three more.

Nothing of this appears in our Report.

In Denmark, after an elaborate report from a committee, a royal

ordinance declared, in 1841, that "all houses of detention to be

built for the accused shall be on the Separate System, and that all

new constructions or reconstructions which the old prisons shall

require shall be on this system, to prepare for its general adoption."

Again, another ordinance followed, June 25, 1842, on the report of a

commission that had visited England, directing the building of certain

prisons on this system. Our Report contains nothing of this.

Look at Norway. In 1838 a commission from this region was sent to

visit the principal prisons in England, Ireland, Belgium, France,

Switzerland, Germany, and Denmark. Its report was made in 1841. "Its

unanimous and _absolute_ advice was, to demand the introduction into

the prisons of Norway of the Pennsylvania System." Here again our

Report is silent.

In Sweden, the States General declared, in 1841, that the Separate

System was the most rational, and voted 1,300,000 florins for the

construction of new prisons on this system. Already before this time,

the present King of Sweden, then Crown Prince, had secured a new honor

for his throne by writing a book on prisons, where he compared the

Auburn and Pennsylvania Systems, and gave his preference to the latter.

Of this our Report says not a word.

Here, as I refer to this royal author, let me pause to offer him my

tribute of gratitude. His work, originally written in Swedish, has

been already twice translated into German, twice into French, once

into Norwegian, and once into English. It deserves to be translated

into every language of the globe. Such words from a throne find no

parallel in history. All the productions from the eighteen royal

authors of England, and the five of Scotland, mentioned in Walpole's

Catalogue, could not confer the same true honor as these few pages.

Not the "prettie versse" of Henry the Sixth; not the volume of Henry

the Eighth, which has secured to his royal successors the unchangeable

title of "Defender of the Faith"; not the "Counterblast to Tobacco,"

and other writings, teeming with pun, pedantry, vanity, Scripture, and

prerogative, of James the First; not the ballads, songs, rondeaus,

and poems of the four Jameses of Scotland. A work on "Punishments and

Prisons" by a king, written in a spirit of simplicity and gentleness,

with sympathy for the poor, the humble, the sinful, teaches us to

appreciate forms of grandeur higher than any in the ordinary pursuits

of royal ambition. Oscar is the son of Bernadotte, a marshal of the

French Empire, and elected king of Sweden; but--pardon me while I speak

what my heart feels--the author of this little book of humanity and

wisdom inspires a warmer glow of admiration than the commander of the

centre in the victory of Austerlitz, or of the timely succors that

hurried the close of the giant struggle at Leipzig. He sits on a throne

illustrated by two of the greatest sovereigns in modern Europe; but his

is a truer glory than that of Gustavus Vasa in the mines of Dalecarlia,

or of Gustavus Adolphus on the field of Lutzen.

In Holland, the penal code established in 1840, as the basis of prison

discipline, separation by night and labor in common by day. "But they

were not slow to recognize the insufficiency of this," says one of the

eminent authorities. Wherefore the States General ordered the system

of separate imprisonment, as practised at Philadelphia, with the

modifications which excluded _solitude_, separating the prisoners from

each other, and securing communication with good people. In the States

General there was only _one voice_ against this system. Again is our

Report silent.

And lastly, at Geneva, in Switzerland, a plan of a prison on the

Separate System was adopted in 1842. I have here the atlas containing a

full representation of this prison in all its parts. But of this, too,

our Report says nothing.

In view of all these things, is it not humiliating that our Society

should have put forth the statement it did with regard to "other

countries"? Most certainly, if the authors of the Eighteenth Report

were ignorant of the extensive adoption in Europe of the Pennsylvania

System, their ignorance was reprehensible, and not to be vindicated

by the apology of the Secretary, that he could not read French. If

uncandidly they withheld or suppressed this information, as I cannot

suppose, they are equally reprehensible.

Such is the Eighteenth Report of our Society! And yet this document,

seamed and botched with error and uncandid statement, injuriously

affecting the Pennsylvania System, was sent by our Society, as I have

been credibly informed, to every member of the Legislature of that

State. Surely we need not wonder that the humane and upright gentlemen

connected with the administration of prisons there felt that we had

done them wrong.

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