I advert to this society, not to give it my approbation, but to avail
myself of some of the facts which it has collected and published in
its Reports, as evidence of the truth of several positions which I
have taken in the course of these sketches.
This society was formed in Boston, June 30, 1825. Its avowed object is
"THE IMPROVEMENT OF PUBLIC PRISONS." This object, with the motives
prompting to it, is expressed in THE FIRST REPORT, page 5, in the
following pertinent and emphatic language:--
"The object of the Society, in which they were associated with us, is
"THE IMPROVEMENT OF PUBLIC PRISONS." This object, we have reason to
believe, is approved by the Saviour of the world; for he will say to
his disciples on the day of judgment, '_when I was hungry, ye gave me
meat; when I was thirsty, ye gave me drink; when I was a stranger, ye
took me in_; SICK AND IN PRISON, YE VISITED ME." These words we regard
as our authority and our encouragement; teaching us to _go forward_ in
the work in which we are engaged, and to expect, if we do it with
penitent and believing hearts, to meet the approbation of him whose
favor is life. We learn also, from these words of the Saviour, the
guilt of those who neglect or oppose the performance of the duties, in
which we are engaged. And, as we proceed, and see from month to month,
the disclosure of facts of which we had never heard, or formed a
suspicion, we feel that the Saviour knew vastly better than we can
ever know, how great the necessity of practical obedience to the duty
implied, in the benediction which he has promised to pronounce upon
those who, in memory of his sufferings, seek to relieve misery,
wherever it shall be found. We earnestly pray, that we may be
sustained, '_by looking unto Jesus, the Author and Finisher of our
Faith, who, for the joy that was set before him, endured the cross,
despising the shame, and is set down at the right hand of the throne
of God; where he ever liveth to make intercession for us_:' for we are
sure, that we must visit places and discharge duties, in the
prosecution of this work, where there can be no sufficient support,
but the presence of the Lord Jesus Christ."
Not to approve of a society whose object is so _benevolent_ and whose
motives are so _heavenly_, may at first thought, be regarded by many
as an evidence of inhumanity and impiety. Such is the opinion of the
society, and it denounces as _guilty_, "_those who neglect or oppose
the performance of the duties in which it is engaged_." This is
courting patronage in a style rather too arrogant and damnatory. Its
simple meaning is this--All mankind must think and act in concert with
_us_, in relation to prisons, or be _guilty_.
As one, I am willing to incur the guilt of dissenting from this
society; nor shall I fear that this will expose me to the condemnation
of "the Saviour of the world," till the object shall be changed from
"THE IMPROVEMENT OF PUBLIC PRISONS," to the improvement of PRISONERS.
A society for the _moral_, and _spiritual_, and _temporal_ improvement
of prisoners, that should seek these ends by moral and _merciful_
means, and continue its guardian care over them _after_ they are
released, by furnishing them with _employment_, and treating them with
_respect_, I should consider it criminal to neglect or oppose; but
such is _not_ "THE PRISON DISCIPLINE SOCIETY." The great object of
this society is, to introduce solitary confinement into all our
prisons during the night season, and hard labour during the day.
Another part of the discipline of prisons, recommended by this
society, is--STRIPES!--
In respect to both these branches of prison discipline, the reader
shall have the language of the society, that he may be sure my
representations are correct.
In the FIRST REPORT, pages 25-28, the views of the society in respect
to the practice of confining several convicts in one room at night, is
expressed as follows:--
"We find great unity of opinion among all well informed and practical
men, in regard to the evils of this miserable system,[2] and the
importance of solitary confinement, at least by night.
[Footnote 2: That of confining several prisoners in one cell at
night.]
The superintendent of the New Hampshire Penitentiary, MOSES C.
PILSBURY, who has been seven years in that institution, says, he has
thought much of the benefits, which would result from solitary
confinement at night. The plots which have been designed, during his
term of service, have been conceived, and promoted, in the night
rooms. He has spent much time in listening to the conversation of the
convicts at night, and thus has detected plots and learned whole
histories of villany.
Judge COTTON, the superintendent of the Vermont Penitentiary, says, I
feel satisfied, that great evils might be avoided, could our State
Prison be so constructed, that the convicts might lodge separately
from each other. Solitary confinement, during the night, would be an
effectual bar, and have a great tendency to suppress many evils, which
do exist, and ever will exist, so long as prisoners are allowed to
associate together in their lodging rooms.
The Directors of the Massachusetts Penitentiary, in their last Report,
say, that the erection of an additional building, within the Prison
yard, where each convict may be provided with a separate apartment for
lodging, has long been a favorite object with the government of this
institution.
The Commissioners of the Connecticut Legislature, say, that the great
and leading objection to Newgate, is the manner in which the prisoners
are confined at night--turned in large numbers into their cells, and
allowed an intercourse of the most dangerous and debasing character.
It is here, that every right principle is eradicated, and every base
one instilled. It is a nursery of crime, where the convict is
furnished with the expedients and shifts of guilt, and, with his
invention sharpened, he is let loose upon society, in a tenfold
degree, a more daring, desperate, and effective villain.
The superintendent of the New York Penitentiary, ARTHUR BURTIS, Esq.
speaking of the crowded state of the night rooms, said, how can you
expect reformation, under such circumstances? As well might you kindle
a fire, with a spark, on the ocean, in a storm. If a man forms a good
resolution, or feels a serious impression, it is immediately driven
from him in his night room.
The superintendent of the New Jersey Prison, FRANCIS S. LABAW, says,
the greatest improvement, that has been made, or can be made, in
Prison Discipline, is by solitary confinement. The solitary cells in
this Prison, in which one fourth part of the whole number of prisoners
are placed under sentence of the Court, have answered all the
purposes, which it was ever expected they would, so far as trial of
them has been had. No person, who has been once confined in them, has
ever returned to the Prison.
The Senate of Pennsylvania say, for want of room, the young associate
with the old offenders; the petty thief becomes the pupil of the
highway robber; the beardless boy listens with delight to the well
told tale of daring exploits, and hair breadth escapes of hoary headed
villany, and from the experience of age, derives instruction, which
fits him to be a terror and a pest to society. Community of design is
excited among them, and, instead of reformation, ruin is the general
result.
The superintendent of the Virginia Penitentiary, SAMUEL O. PARSONS,
says, I consider separating convicts at night, of all others, the most
important feature in the Penitentiary system of punishment, and one,
which should every where claim the first consideration in erecting
such institutions.
With the opinions thus expressed, of the practical men placed at the
head of these institutions, the opinions of the governors of the
respective States, of the judges, and legislators, and benevolent men,
so far as they have been expressed or known, perfectly coincide.
Governor PLUMER, of New Hampshire, says, effectual measures should be
adopted to separate, in the Penitentiaries, old offenders from the
young and inexperienced.
Governor LINCOLN, of Massachusetts, in a late message, recommended,
that immediate provision be made for the erection, as soon as may be,
in the prison yard, of a building, with sufficient cells for the
separate confinement of the present, and any future probable number of
convicts.
Governor WOLCOTT, of Connecticut, stated to the Legislature, in May,
with reference to the improvements at Auburn, that there were few
subjects upon which their deliberations could be bestowed with higher
advantage to the best interests of the State.
Governor CLINTON has formerly expressed his opinion of the importance
of solitary confinement, and in his late message to the Legislature,
he expresses an opinion concerning the institution in New York city,
for the reformation of Juvenile Delinquents, which is constructed on
the plan of the building at Auburn, that it is probably the best
Prison in the world.
Judge WOODBURY, of New Hampshire, says, that 'Prisoners, during the
night, should be wholly separated from each other.'
Mr. HOPKINTON, of New Hampshire, says, 'a novice, who, if kept from
company worse than himself, might have been reclaimed from his first
attempts, is here associated with old, hardened, and skilful
offenders; he hears with envy and admiration the stories of their
prowess and dexterity; his ambition is roused; his knowledge extended
by these recitals; and every idea of repentance is scorned; every
emotion of virtue extinguished.'
Judge THACHER, of Boston, says, 'by the confession of those who
administer our Penitentiaries, it is found, that most of the evils of
this system of punishment flow from the almost free and unrestrained
intercourse, which subsists among the convicts.'
THOMAS EDDY, of New York, says, 'if a number of ingenious men were
requested to suggest the best possible mode of increasing the number
of thieves, robbers, and vagabonds, it could scarcely be in their
power, to fix on any plan, so likely to produce this effect, as
confining in one collection, a number of persons already convicted of
committing crimes of every description.'
Hon. EDWARD LIVINGSTON, says, 'it is a great point to produce the
conviction of the important and obvious truth, denied only by a false
economy, that Prisons, where there is not a complete separation of
their inhabitants, are seminaries of vice, not schools for
reformation, nor even places of punishment.'
ROBERTS VAUX, of Philadelphia, lays down five fundamental principles
of Prison Discipline, the _first_ of which is, 'that convicts should
be rigidly confined to solitary life.'
There is no disagreement between the opinion of these distinguished
individuals, and the opinions of various commissioners, directors, &c.
who have written on this subject.
The Commissioners of the Massachusetts Legislature, in 1817, ask, 'how
it is to be reconciled, that in any civilized country, convicts are
brought into promiscuous association, to pass years together, all
united under the influence of a public opinion, as strong in its
support of vice, as that which rules the community, is, in its support
of virtue?'
The Commissioners of the Connecticut Legislature, in a very able
Report, written by MARTIN WELLS, Esq. say, 'it is in the cells, that
every right principle is eradicated, and every base one instilled.
They are nurseries of crime, where the convict is furnished with the
expedients and shifts of guilt, and, with his invention sharpened, he
is let loose upon society, in a tenfold degree a more daring,
desperate and effective villain.'
The Commissioners, SAMUEL M. HOPKINS, STEPHEN ALLEN, and GEORGE
TIBBETS, of the New York Legislature, say, "we believe that we do but
repeat the common sentiment of all well informed men, when we say,
that as long as it is necessary to confine several prisoners in the
same room, our State Prison at New York can be no other than a
college of vice and criminality."
A highly respectable committee of the Society for the Prevention of
Pauperism, in the city of New York, in a Report on the Penitentiary
System, which is one of the most valuable documents ever published on
the subject in this country, have the following language, 'Our
Penitentiaries are so many schools of vice, they are so many
seminaries to impart lessons and maxims calculated to banish legal
restraints, moral considerations, pride of character, and
self-regard.' 'They have their watchwords, their technical terms,
their peculiar language, and their causes and objects of emulation.
Let us ask any sagacious observer of human nature, unacquainted with
the internal police of our Penitentiaries, to suggest a school, where
the commitment of the most pernicious crimes could be taught with the
most effect; could he select a place more fertile in the most
pernicious results, than the indiscriminate society of knaves and
villains, of all ages and degrees of guilt?'
This is a frightful picture of human depravity and proneness to sin;
and if the system of separate confinement at night should not remove
or prevent these evils, the mind _may_ be led to seek the source of
them, not in the circumstance of few or many being lodged together,
but in the cruelty and inhumanity of the keepers.
In the SECOND REPORT, pages 38-43, the Society states its objections
to solitary confinement _by day_, and adopts the theory of labour by
day and separate confinement by night. The following is its
language:--
"_Solitary confinement day and night._ On this subject, there is great
interest excited, at the present time, in America and in Europe. It
will be our object to present such facts as are known to us concerning
experiments already made in this country.
"In the Maine Prison, which has been in operation about three years, a
large number of the convicts have been sentenced to six months
solitary confinement day and night, and to a period of time afterwards
of solitary confinement at night, and hard labor by day. A
considerable number more have been sentenced to solitary confinement
day and night, for the whole term of their imprisonment. This Prison
is under the management of a gentleman, who has been a member of the
Senate, in the State of Maine, and who is, also, a skilful physician.
He has, therefore, been entrusted with discretionary power, by the
Executive, to remove the men from the cells to the hospital, when
their health and life required it. The former Governor of the State
informed the Secretary of this Society, that it would not have been
thought safe to inflict sentences of so long continuance in solitary
confinement, if great confidence had not been placed in the discretion
of the superintendent. The judges, however, and the Executive, when
the Prison was built, were strongly in favour of solitary confinement
day and night, and they wished to make a fair experiment. What, then,
is the testimony of the superintendent of this Prison, on this vastly
important and interesting subject? And what is the testimony of the
Records of the Prison? The following statement is collected from the
records and the superintendent. It exhibits the names of several
convicts; the length of time they were sentenced to solitary
confinement; the length of time they were able to endure it before
they were removed to the hospital; the length of time they remained in
the hospital before they returned to the cells; the alternation
between the cells and the hospital to fulfil the whole term of
solitary confinement; and the suicide of two convicts in the cells.
These are the only convicts who have died since the Prison was
organized."
_Name and Sentence._ _In Solitary._ _In Hospital._ _In Solitary._
Joseph Bubier, June 18 July 1 12 days.
62 days solitary, July 3 July 8 5 days.
and one year July 11 July 23 12 days.
hard labor. July 28 Aug. 24 27 days.
In this case it was necessary to remove the man to the hospital four
times, to enable him to endure fifty-six days solitary. The Secretary
saw him when he was removed from the cell the last time. He shivered
like an aspen leaf; his pulse was very feeble; his articulation could
scarcely be heard from his bed to the grate of his cell, eight feet;
and when he was taken out, he could with difficulty stand alone.
_Name and Sentence._ _Solitary._ _Suicide._ _In Solitary._
Simeon Record, Dec. 5 Dec. 8 4 days.
70 days solitary, and
four years hard labor.
At half past seven o'clock, on Wednesday morning, he was found dead,
having hung himself to the grate of the cell with a piece of the
lashing of his hammock.
_Name and Sentence._ _Solitary._ _At Labor._ _In Solitary._
Isaac Martin, March 27 April 20 24 days.
60 days solitary, and July 1 July 26 25 days.
3 months hard labor.
Isaac Martin cut his throat in his cell July 26, when he was removed
to the hospital, where he remained nine days, and died.
_Name and Sentence._ _Solitary._ _Hospital._ _Solitary._
Elisha Cole, Nov. 6 Dec. 28 52 days.
100 days solitary. Jan. 4 Feb. 22 48 days.
_Name and Sentence._ _Solitary._ _Hospital._ _Solitary._
Socrates Howe, July 4 Sept. 7 66 days.
6 months solitary. Sept. 21 Nov. 7 47 days.
Dec. 2 Jan. 16 44 days.
Jan. 19 Feb. 12 23 days.
_Name and Sentence._ _Solitary._ _Hospital._ _Solitary._
Nathaniel Parsons, July 3 Aug. 16 43 days.
6 months solitary. Aug. 19 Aug. 27 8 days.
This man remained in the hospital, after his discharge from the cell
the last time, from September 17 till December 3, when he was pardoned
on account of ill health.
_Name and Sentence._ _Solitary._ _Hospital._ _Solitary._
Edmund Eastman, Sept. 9 Jan. 9 4 months.
4 months solitary.
This man endured the whole period, without leaving the cell.
"_Asa Allen_ was sentenced to six months solitary and two years three
months and fourteen days hard labor. He went immediately into
solitary, and remained seventy-four days without interruption. At the
end of this period, he came out in good health, and performed a good
day's labor in the quarry. Dr. ROSE expresses the opinion, that this
man would live in solitary confinement about as well and as long as
any where else. He has been a _soldier_, and has been accustomed to
the hardships of a camp. He has been a wanderer in the world, without
a home. It is not material to him where he is. The keeper thinks that
six months solitary to this man would not be a greater punishment than
fifteen days to a convict who had been accustomed to the comforts of
life: also, that he would rather endure six months solitary
confinement than ten stripes.
"_John Stevens and John Cain_ both entered the Prison at the same
time, under sentence of three months solitary, and both endured the
whole period without interruption, having received nothing except the
usual allowance of bread and water, and a little camphor to rub on
their heads.
"_Benjamin Williams_, also, endured three months solitary without
interruption.
"But, in general, the superintendent states, that nearly as much time
is necessary in the hospital to fulfil long solitary sentences, as in
the cells. He also expresses an opinion, in his last report to the
Legislature, that long periods of solitary imprisonment inflicted on
convicts, is worse than useless as a means of reformation. The
character of the superintendent of this Prison is such, that the
opinions expressed by him on this subject, as the results of his
experience, will be thought worthy of particular consideration. He
says, 'the great diversity of character, as it respects habits and
temperament of body and mind, renders solitary imprisonment a very
unequal punishment. Some persons will endure solitary confinement
without appearing to be much debilitated, either in body or mind,
while others sink under much less, and, if the punishment was
unremittingly continued, would die, or become incurably insane.
'However persons of strong minds, who suffer in what they deem a
righteous cause, may be able to endure solitary confinement, and
retain their bodily and mental vigor, yet it is not to be expected of
criminals, with minds discouraged by conviction and disgrace.
'Those persons who shudder at the cruelty of inflicting stripes as a
punishment, but can contemplate the case of a fellow being, suffering
a long period of solitary imprisonment, without emotion, must be
grossly ignorant of the mental and bodily suffering endured by a long
confinement in solitude.
'As far as the experience in our State Prison proves any thing
respecting the efficacy of solitary imprisonment in preventing crimes
by reforming convicts, it will induce us to believe that it is not
more effectual than confinement to hard labor. Seven of the convicts
now in the State Prison are committed a second time, for crimes
perpetrated after having been discharged from this Prison; three of
these had been punished by solitary imprisonment without labor, and
the others by solitary imprisonment and confinement to hard labor.
'The keeper of the Auburn State Prison, in the State of New York, very
justly observes, 'that a degree of mental distress and anguish may be
necessary to humble and reform an offender; but carry it too far, and
he will become a savage in his temper and feelings, or he will sink in
despair. There is no doubt, that uninterrupted solitude tends to sour
the feelings, destroy the affections, harden the heart, and induce men
to cultivate a spirit of revenge, or drive them to despair.'
'I would not wish to be understood to express an opinion, that
solitary imprisonment ought not, in any case, to be inflicted. On the
contrary, there can be no doubt that it is a proper punishment for
prison discipline in many cases; but for that purpose, short periods
only will be necessary; seldom, if ever, to exceed ten days. In the
cases of juvenile offenders, it may also be very useful and proper, in
periods of twenty, or thirty days, but never to exceed sixty days. If
repentance and amendment are not effected by thirty days of strict
solitary confinement, it can rarely be expected to be obtained by a
longer period.'
"The Legislature of Maine, in consideration of the opinions and facts
above stated, passed a law, in February, 1827, in the words following:
'_Be it enacted_, that all punishments, by imprisonment in the State
Prison, shall be by confinement to hard labor, and not by solitary
imprisonment: provided, that nothing herein contained shall preclude
the use of solitary confinement as a prison discipline for the
government and good order of the prisoners.' Thus we have endeavored
to exhibit the results of the experience of the State of Maine, in
regard to solitary imprisonment day and night.
"In New Hampshire, MOSES C. PILSBURY, Esq. who has been several years
the warden of that Prison, the surprising results of whose good
management, both in regard to the income and the moral character of
the Institution, were exhibited in the last Report, was asked, whether
convicts ought not to be sentenced to solitary confinement day and
night, for a short time at least. He said it would do much more good
to give them hard labor by day, and solitary confinement at night.
"At Auburn, N. Y., the experiment was tried in 1822, by the friends of
solitary confinement day and night, on eighty convicts, for a period
of ten months. The experiment was conducted with great care, and the
observations made appear to have been impartial. As it was done by the
friends of the system, it may be supposed that the results were as
favorable as they could make them. In the Report of the Commissioners
to the Legislature, in January, 1825, these results are stated with
philosophical accuracy. Concerning these results, it is sufficient to
say, that they were unfavorable to this mode of punishment, and it was
accordingly abandoned in that Prison. It was found, in many instances,
to injure the health; to impair the reason; to endanger the life; to
leave the men enfeebled and unable to work when they left the Prison,
and as ignorant of any useful business as when they were committed;
and, consequently, more productive of recommitments, and less of
reformation, than solitary confinement at night and hard labor by day.
"The experiment in New Jersey has been continued four years, upon an
average number of twelve convicts; some of whom have been eighteen
months, and some two years, in the cells, without intermission; but in
this case, though the men are in separate cells, still the cells are
so arranged, that several men can converse as freely as if they were
in the same room, and no attempt has been made to prevent it. This,
therefore, is to be regarded no farther as an experiment on solitary
confinement day and night, than as keeping the men from seeing or
coming in contact with each other; but not from evil communication,
and corrupt society. In the opinion of the keeper of that Prison, this
mode of punishment has been useful in preventing recommitments, and
not permanently injurious to health or reason. How far the difference
in the results of this experiment from that at Auburn, and the other
in Maine, is to be attributed to the difference in the construction of
the cells, and the management and diet of the prisoners, it is
difficult to determine. In Maine the cells are very gloomy, and
communication is difficult, though not impossible. At Auburn the cells
are not gloomy, and communication was prevented day and night by a
sentinel. In New Jersey the cells are not gloomy, and social
intercourse unrestrained. In Maine the diet was very low, i.e. a pound
of bread and cold water only. At Auburn, and in New Jersey, it was
coarse, but nutritious. In Maine the men might have endured solitary
confinement, with a more nutritious diet, a much longer period. At
Auburn they might not have been as much injured in health or reason,
if they had been permitted to converse with each other. And in New
Jersey they might have been more injured if this kind of communication
had been restrained. As the experiments have been conducted, they
appear to be decidedly against solitary confinement day and night in
Maine and at Auburn, and in favor of it in New Jersey. As this mode of
punishment, however, would probably never be adopted, except to
prevent effectually all evil communication, the experiment in New
Jersey cannot be adduced in favor of entire seclusion: for there was
nothing of this character in it.
"There have been other experiments made in this country, in many
Prisons, on individuals, in regard to this mode of punishment,
sometimes for misdemeanor, and sometimes for experiment merely. One
was mentioned in the last Report. 'A man in a narrow cell, which was
almost a dungeon, where he had been in heavy chains, on a small
allowance of food, three months, was asked whether he had rather
remain three months longer, in the same situation, than receive a
small number of stripes on his bare back. He said he had rather
remain.' It is not known, that this man had had any communication with
any one except his keeper, and his diet had been much more nutritious
than that used in Maine. In the mode in which he was treated, his
spirits appeared perfectly unsubdued, and his health and reason
unimpaired, and his disposition ready for mischief whenever he should
be released. There was nothing seen in him that looked like
contrition.
"There is another man, who has been in a solitary cell much of the
time for seventeen years, and _all the time_ for more than six of the
last years. He is still alive. He does not appear insane. His health
is feeble, and he has lost the use of his limbs, so that he uses
crutches. His disposition, however, remains the same as when he was
committed to the cell, more than six years ago. He had been previously
released, and put upon his honor for good behaviour. He almost
immediately procured a hatchet, and struck it into the neck of a
keeper, in such a manner as to endanger his life. He was again
committed to the cell, where he has remained ever since, with a
malignant, revengeful spirit; as is evident from the fact, that he
attempted to take the life, a few months since, of a keeper, who gave
him his food. His cell is gloomy and filthy. His food is coarse but
nutritious. His intercourse is in a great degree restrained.
"In regard to the effect of solitary confinement on the individuals
last mentioned, as well as on those who were subject to it in Maine,
New York, and New Jersey, it is true, that they were left to suffer
their punishment, during the whole period, _destitute, in a great
degree, of the means of grace_. In the new Prison in Philadelphia, in
which it is proposed to adopt this mode of punishment, and prevent
evil communication by solitary confinement day and night, it has been
said, by one of the Commissioners, that he should rather abandon the
system, and adopt that of solitary confinement at night, and hard
labor by day, than see the men confined in the cells day and night,
without the means of grace. We may hope, therefore, if the experiment
is again tried, it will not be done without adequate provision for
moral and religious instruction. How far it may be successful with
this variation cannot be told until the experiment has been made.
"_As the experiments have been conducted, thus far, the results are
decidedly opposed to solitary confinement day and night, as the means
of preventing evil communication. We are left, therefore, in view of
all the facts known to us, with a preference for solitary confinement
at night, and hard labor by day, with such regulations to prevent evil
communication as the case requires, and as have been already
suggested._"
Whose heart does not sicken within him on reading such accounts of
human suffering and human guilt? I have mentioned several specimens of
cruelty which I saw in Windsor Prison; and to show that man is the
same being under similar circumstances everywhere, I will avail myself
of another quotation from the Reports of this Society, in respect to
New Jersey State Prison. It is in the FIFTH REPORT, page 86.
"Solitary confinement on a scanty allowance of bread with cold water
is much used. The period of time not unfrequently extends to twenty
and thirty days, and this too in the winter season, in cells warmed by
no fire. The suffering in these circumstances is intense; the convicts
lose their flesh and strength, and frequently their health; they are
sometimes so far broken down, as to be unable to work when they are
discharged into the yard, and to require nearly as much time in the
hospital, to recruit them, as they have had in the cells, to break
them down.
"The committee saw a man in the hospital last week, just taken from
the cells, where he had been punished for misdemeanor about twenty
days. He was prostrate upon the bed, emaciated, and unable to work,
and complained of much pain. The physician called the attention of the
committee to his pulse, which he remarked was very feeble. The keeper
thought it would be some time before he would be able to work.
"Besides punishments in this mode, the records show, that chains are
much used; sometimes with a fifty-six attached to them, and sometimes
for the purpose of chaining the prisoner to the place where he is at
work. A number of the prisoners, at the present time, have chains upon
them, and the committee saw one, twelve or fourteen years of age, who
had on an iron neck yoke, with arms extending 18 or 20 inches each way
from his head, which was said to be, not for punishment, but to
prevent his getting through the grates.
"The following list is furnished by the clerk of the Prison, who has
been there twenty years. It shows the number of prisoners that is
supposed to have died in consequence of being severely punished in the
cells, for disobedience;--William Thomas, Thomas Steward, John O.
Brian, William Bower, John Brown, Tunis Cole, Aaron Strattain, Thomas
Somes, Pomp Cisco, and Peter Marks--10."
Reader, what think you of this? It is said that the laws of America
are written with mercy; but are they not often executed in blood? From
such mercy as this, gracious Heaven deliver us! "It is a fearful thing
to fall into the hands of the living God," but it is better to fall
into _his_ hands than the hands of man. Are not the tender mercies of
the wicked cruel? Look at the State Prisons and see. They are called
_merciful_, but their floors are reeking with blood, and their cells
are vocal with the groans of death.--Pardon this digression from the
subject; I will return to it immediately. Any where, to banish these
reflections, which wither up my soul!--
In respect to _stripes_, the Society uses the following language.
FIRST REPORT, pages 17-19.
"MODE OF PUNISHMENT.--The punishments used in these institutions now
claim our attention. These are stripes, chains, and solitary
confinement, with hunger. In regard to these different modes of
punishment, there is a considerable diversity of opinion and practice,
in this country. In some extensive establishments, chains and stripes
are dispensed with altogether. In others, both are used severely. In
others still, stripes alone are used. At Auburn, stripes are almost
the only mode of punishment. In Richmond, Baltimore, Philadelphia, New
York city, Charlestown, and Concord, solitary confinement mostly, with
a small allowance of bread and water. In Connecticut, stripes, chains,
solitary confinement, and severe hunger. If the efficacy of these
different modes of punishment were to be judged of by the discipline
of the respective institutions, punishment by stripes, as at Auburn,
would be preferred. The difference, in the order, industry, and
subdued feeling, as exhibited by the prisoners, is greatly in favour
of the prison at Auburn. This difference, however, is to be
attributed, not so much to the mode of punishment, as to the
separation of the convicts at night, and several other salutary
regulations, which are not adopted elsewhere. At the same time, a part
of the difference is supposed by the friends of this system, to arise
from the mode of punishment. In favor of this mode, the advocates of
it urge the following reasons; it requires less time; the mind of the
prisoner does not brood over it, and settle down in deliberate
resentment and malignity; it is in some cases more effectual; it is
less severe; it can be more easily proportioned to the offence.
That it requires less time, there can be no doubt; and if in other
respects, it is as good or better, it is for this reason to be
preferred.
That the mind of the prisoner does not brood over it, as over solitary
confinement and hunger, there can be no doubt. But then it would be
said by the advocates of solitary confinement, that this is an
argument against stripes, because the effect is not so permanent. It
may be said in reply, that if the effect of punishment is bad, it
ought not to be permanent, and men often appear subdued by solitary
confinement and hunger, merely for the sake of being relieved, while
in their hearts, there is a rankling enmity against the mode of
punishment, and the person inflicting it. If this effect is produced,
the punishment, so far as the convict is concerned, is injurious. That
this is the fact, in many instances, those who have been conversant
with prisoners have melancholy evidence.
But while this is admitted, it is also true, that the instances are
numerous, in which solitary confinement, with low diet, have not
failed to subdue men, who appear to be hardened against every other
mode of punishment. The officers of the New Hampshire and Philadelphia
Penitentiaries bear testimony to this. And moreover, that the end is
often gained, in much less time, than it was supposed would be
necessary.
It is objected, however, to solitary confinement, that it is a mode of
punishment which operates unequally. If a man has been fond of
society; if his mind has been cultivated; if his sensibility is acute;
solitary confinement is a terrible punishment. If, on the contrary,
the man is a mere animal; if he is stupid, and ignorant, and carnal;
if the operations of his mind are dull and sleepy; if, in one word, he
is like the torpid animals, (and there are men of this description,)
solitary confinement is much less severe than stripes.
Nor is solitary confinement, in the former case, a more severe and
effectual mode of punishment, especially if the convict is a proud
man; nor is it as much so, as stripes. A man in a narrow cell, which
was almost a dungeon, where he had been in heavy chains, on a small
allowance of food, three months, was asked whether he had rather
remain three months longer, in the same situation, than receive a
small number of stripes on his bare back. He said he had rather
remain.
It should be stated, however, that his allowance of food had not been
so much diminished, as greatly to reduce his body, as is sometimes the
case. In those cases, where the allowance of food is six or eight
ounces of bread per day, with water only; and in those cells, which in
winter are warmed by no fire, solitary confinement produces the most
intense and aggravated suffering. In such cases, there is nothing but
death, which the most obdurate villain would not endure to be relieved
from it, after a confinement generally of less than thirty days. In
these cases, it is difficult to tell, whether the cold, the hunger,
the pangs of a guilty conscience, the fear of death, the wretchedness
of being subjected to revenge and malignity, is the greatest cause of
suffering, and whether each of them is not equal to the pain of
solitary confinement. Stripes, in comparison with solitary
confinement, in such circumstances, are not severe.
It is obvious, from these remarks, that the severity, and effect, and
adaptation of punishment to crime, depends more on the manner, than on
the kind of punishment.--Stripes may be made, and it is believed in
more instances than one in our Penitentiaries, have been made, to
result in death. Solitary confinement has brought men to a state of
insensibility, and in some cases produced diseases, which have
terminated in death. Chains so heavy have been used, and for so long a
time, as to mar the flesh, and produce most painful wounds. It is
perfectly obvious from these remarks, that punishment, of whatever
kind, should be committed to persons of discretion, and that there
should be some checks to prevent abuses.
It is, also, obvious, that different modes may be adapted to different
individuals and circumstances, and that discretionary power, as to the
mode, as well as the manner, ought to be left with the government of
the Prison.
_It is obvious, too, that the best security, which society can have,
that suitable punishments will be inflicted in a suitable manner_,
MUST _arise from the character of the men to whom the government of
the Prison is entrusted_.--There are men, whom no laws would restrain
from indiscretion and cruelty if not barbarity, in punishment. There
are others, whose humanity is excessive, and they would never punish
at all. To men of either class, the power of punishment, and the
management of Penitentiaries should not be entrusted."
Another part of the discipline recommended by the Society, is
expressed as follows. SECOND REPORT, pages 37, 38.
"_The lock march from the shops to the cells, and from the cells to
the shops._ This consists in forming all the men, under the care of
each keeper, into a solid column, and requiring them to march off, at
the same time, with a uniform step, in a solid body. The object is to
prevent the prisoners, "when their cells are unlocked, from flocking
confusedly into the yard, and at the sound of the bell for meals, from
moving like an undisciplined mob to the mess-room." This is generally
an evil hour with prisoners; if any conspiracy or rebellion is under
consideration, it is then communicated. In the mode proposed, it is a
time of as much order and silence as any other during the day. It is,
in fact, a peculiarly favorable time to see the order and regularity
produced in Prison by salutary discipline; and if any one hour were to
be selected, while the prisoners are awake, in which they do nothing
and attempt nothing of an improper character, probably no hour could
be found _more_ free from guilt than this. Another regulation of
considerable importance in preventing evil communication is,
_Not letting the convicts face each other when their business will
permit them to face the same way._ This rule may be adopted in shops,
for shoemakers, tailors, and weavers: also, among female convicts,
when employed in sewing, knitting, and spinning: and on the Sabbath,
when assembled in the chapel. In this way, the language of signs,
whether by the hands or features, is prevented; for the signs signify
nothing if they are not seen. Now if the king of counterfeiters, or a
prince in any department of wickedness, can be placed in the end of a
long shop, and be permitted to sit with his face towards the convicts,
and have them all facing him, he will be very happy in the opportunity
of communicating ideas by the language of signs; but, turning his back
to the convicts, and his face to the wall, he will feel differently.
The principle, therefore, of not permitting the convicts to face each
other, when their business will permit them to face the same way, is
believed to be one of considerable importance."
Such are _some_ of the means by which THE PRISON DISCIPLINE SOCIETY
contemplates the accomplishment of its object; and I disapprove of
them _in toto_. All its views through these means are founded on
_theory_, and this theory is opposed by a thousand _facts_. Universal
experience attests the fact that nothing but _goodness_ will reform a
sinner. Unfeeling and despotic inflictions will make the sufferer an
enemy to his race, and in some instances, awe his sinful propensities
into inaction, but these things will not--_cannot_ make him love
either his God or his fellow beings. The process on which I have been
dwelling, and which the Society would call sacred by asserting that
neglect of or opposition to it is _guilt_, would make angels _men_,
and men _devils_, and devils _worse_. I _know_ that future facts will
justify this strong language. I am guided by no theory, but am taught
by my own experience.
In the course of these sketches, I have occasionally reflected on the
conduct of the officers of prisons; and asserted that fit men to
govern a prison in such a manner as to make it a penitentiary, cannot
be found on earth. The labors of this Society have furnished the
following corroborative facts.--SECOND REPORT, pages 7-8.
"In the Maine Prison, which has been in operation only three years,
Dr. ROSE, the superintendent, stated that three or four cases of
malpractice had already occurred among the assistant keepers; such as
intemperance, furnishing forbidden articles to convicts, &c., for
which they had been discharged.
In the New Hampshire Prison, Mr. PILLSBURY, the former superintendent,
mentioned, as one of the greatest difficulties in the Penitentiary
system, the insubordination occasioned by the frequent changes among
the assistant keepers, and the difficulty of obtaining men of proper
character for the compensation allowed them. Escapes have been
effected in that Prison, either through the negligence or connivance
of assistant keepers, and improper familiarity has been contracted
between them and the convicts.
In the Massachusetts Prison, a keeper was detected, three times in
succession, by Mr. SOLEY, one of the Directors, in furnishing bills to
be altered, and materials to alter them, to a convict. A warrant was
issued for him; but he made his escape. Another keeper was discharged
soon after, on suspicion of improper conduct; and in a communication,
made by the Directors to the Governor, in the autumn of 1825, and by
him submitted to the Legislature, several other cases are mentioned
of malpractice by contractors and assistant keepers, and discharge for
the same.
In Newgate, the Old Prison in Granby, Conn., there has been great
complaint on this ground.
THOMAS EDDY, of New York, in a pamphlet on Prison Discipline, mentions
a case, in which a number of desperate villains, in one room, within
the walls of a Prison, were engaged in the business of counterfeit
money, and were enabled to prosecute it by the connivance and
assistance of a keeper.
Even in the Prison at Auburn, which is in many respects so worthy of
commendation, the Commissioners mention, in a late Report to the
Legislature, that "one Terrence Heeney who was never fit for the trust
of a guard, was three times appointed to that place, and three times
removed for misconduct." They also say, that "several other cases have
been proved of the appointment of incompetent or unfit men; but, in
general, they were removed as soon as their unfitness became known."
Mr. LYNDS, the superintendent of the Prison at Sing Sing, speaks of
the character required in this situation as peculiar: viz. equanimity,
quick discernment of character, impartiality, resolution, vigilance,
promptitude, besides honesty and temperance, and, more than all, a
habit of seeing much and saying little. He has not been without his
difficulties in getting the right men. He mentions a case, in which an
assistant keeper at Auburn was detected in employing convicts to steal
for him.
ROBERTS VAUX, of Philadelphia, in a pamphlet entitled 'Original and
successive Efforts to improve the Condition of Prisons,' &c.,
mentions, that, in the Prison in Philadelphia, many years since, 'the
keeper had been a long time connected with criminals, under
circumstances which caused him to be suspected of a more intimate
knowledge of the depredations committed in the city, than comported
with that unblemished reputation which ought to belong to such an
officer.'
In the Baltimore Penitentiary, an officer was understood to say, that
two assistant keepers had been discharged for circulating counterfeit
money for convicts."
There is another part of the discipline recommended by this Society,
of which I cordially approve; it is that which relates to religious
instruction. May God bless all their labours to give this part of
their discipline a permanent residence in every prison on earth! I
expect the time when prisons will be purified from sin--I expect a
time when they will be no longer needed--and I expect this through the
universal and perfect diffusion of the principles of the gospel. "When
in the wisdom of God the world by wisdom knew not God, it pleased God,
by the foolishness of preaching to save them that believe." The means
of _grace_, then, are the only means of reformation. The means of
_cruelty_ can effect no good in any heart. The gospel, _the gospel_;
_this_ is the power of God unto salvation, and this alone can effect a
salutary change in the soul.
I hold to punishment, but it is the punishment of _mercy_. Let the
sinner endure the consequences of his crime, but let _goodness_
inflict the rod. Let his punishment be _severe_, if necessary, but
never capricious; let its object be the good of the sufferer, not
vengeance; and when he is penitent, let the punishment cease.
But the reformation of prisoners is only a small fraction in the
reformations which are called for. The whole world needs reforming;
and the reformation of prisoners will keep pace only with the
reformation of those who are free; and as long as these places must be
under the control of corrupt and depraved minds, alas for the cause of
reform! Some of the iniquity of prison keepers has been discovered by
the public eye, but what has been seen by _that_ eye, is only a drop
to a fountain, compared with the whole.--Enough is known about the
guilt of _prisoners_, because the keepers who make the report are
_believed_; but the keepers have no observers of _their_ conduct but
_prisoners_, and these are not _credited_ when they tell the truth. It
is believed _in general_, that prison keepers are tyrants. The voice
of every age and country unites in describing this class of men as
coming the nearest of any in moral resemblance to Satan; and yet no
prisoner is believed when he complains of abuse. Let some great Howard
go through the prisons in the United States, and take his accounts
from _prisoners_ as well as keepers, and he will give a different
Report from the one before me. There is as much need of a society to
reform _keepers_, as there ever can be to reform prisoners; and there
can be but little ground to hope for success _in prison_ till the
_keepers_ become not merely _honest men_ but _pious christians_.
My statements in respect to the destruction of the chapel and the
neglect of the means of grace in the Windsor Prison, are confirmed by
the Reports of this Society. In the FIRST REPORT, pages 32, 33, the
Society say, that, "In the Vermont Penitentiary, one hundred dollars
only are appropriated for religious instruction. The chapel has been
converted into a weaver's shop. The services on the Sabbath are
irregular, and the Scriptures are not daily read to the assembled
convicts."--SECOND REPORT, page 56, "The duties of Chaplain are very
irregularly discharged. In truth there is no stated Chaplain whose
services can be relied on."
One quotation more on this subject is all that I can now make. It is
from the SEVENTH REPORT, page 10. "The legislature of Vermont, at the
last session, provided by law an additional compensation for a
Chaplain; so that the state now pays three hundred dollars per annum
for this service, and a chaplain has been appointed to discharge the
duties of the office."
Will the Secretary of this Society be so good as to inform the public
in his next Report, how much service the Chaplain in the Vermont
Penitentiary renders for his salary of three hundred dollars?
My time does not permit me to copy any more from the Reports of this
Society. In the remarks that I have made upon its doings, I have had
no design to impugn its _motives_. I doubt not that the managers of
the Society mean to do good. I impeach not their _views_, but I doubt
the wisdom of their _policy_. I know what they never can; and I am
only opposing facts and experience to a fair but deceptive theory. The
hope of effecting a reformation among prisoners, by stripes and
solitary cells, can never be realized. It will be of no use for _me_
to reason on this subject, for I am too small to be noticed. Nothing
that I can say will tell on the great minds which compose the Society
whose doings I condemn. But I must be allowed to give my opinion. "THE
PRISON DISCIPLINE SOCIETY" is combining the talent of the country, and
the wealth of the country, for a purpose which appears to itself
benevolent, but which will, past all doubt, result in sinking our
prisons to the lowest point of cruelty, and the darkest region of
despair; and from his knowledge of human character and the effect of
cruelty on the heart, I should suppose that Lucifer would be its most
efficient patron.
A few lines more and I shall have done with this article. I was in
Windsor when Rev. LEWIS DWIGHT, the Secretary of the Society, visited
that prison. I know from what source he obtained his information, and
I know how extremely imperfect was some of the account he obtained,
and how much was hidden from him entirely. And taking what relates to
this prison, in his Reports, as a specimen of what he has related of
other prisons, I am certain that much more light is needed to guide
him to the evils of penitentiaries, and to their cure, than he has
yet obtained, _Prisoners_ ought to have been consulted, as well as
_keepers_; an _ex parte_ examination contains only part of the truth.
Prisoners ought to be treated by christians on terms of _equality_, if
any good is to be effected in the work of reformation; and before any
thing can be done to effect their lasting good, they must be treated
with kindness and respect. No other means can reform them. You may
_snarl_ them into sin, and tread them down to _hell_, but you must
_love_ them into _repentance_, and _support_ them up the ascent to
_heaven_.
DESIGN OF PENITENTIARIES IN RESPECT TO THE TREATMENT OF CONVICTS,
ACCORDING TO THE VIEWS OF THE DIRECTORS OF THE CONNECTICUT STATE
PRISON, WITH REMARKS.
"Upon the subject of the general treatment of the convicts, and
the discipline of the institution, we would remark that the State
Prison _is designed to be_, and _emphatically is_, a place of
PUNISHMENT. The feelings of _humanity_ and _mistaken mercy_
should not be suffered to interpose, _to disarm its punishment of
that rigor due to justice and the violated laws of the land_.
While a proper regard is had to the health of its inmates, their
comfort should not be so far studied as to render it a desirable
residence, even to those whose condition in society is attended
with the _severest privations_. When this becomes the case, our
criminal code becomes a bounty law for crime."--_Sixth Report,
page 94._
This is throwing off the mask completely, and boldly declaring that
"_punishment_," SEVERE punishment, a punishment in which there is no
tincture of "_humanity_," is the _design_, and _emphatically_, the
_discipline_, of that prison. The _comfort_ of the prisoner is not to
be sought in any way inconsistent with _punishment without humanity_.
His _reformation is not to be sought at all_. A more unsound and
disgraceful principle of penitentiary discipline, was never avowed by
any similar committee in this country before; but it is the _very one_
on which all American penitentiaries _are governed_. "That _rigor_ due
to _Justice_ and the violated _laws_ of the land!" Yes; "Justice and
the violated laws," demand "_rigor_." It is not enough to have the
sinner _securely confined_--he must be _uncomfortable_. His _health_
must be attended to; let him live; but his cup of gall must be full
and overflowing. Let him live--_not_ for _comfort_, but to _groan_ in
the ear of _heaven_ the "_rigor_" of "_Justice_" and of the "_violated
laws_." Punishment is God's "_strange work_," his "_strange act_," but
it is the _common_ work of his creatures.
According to _my_ views of a penitentiary, it is not _unqualifiedly_,
a place of _punishment_, but a place of _reformation_, to be effected
by the _mildest_ means, and to be under the constant direction of
_humanity_. Cruelty never should enter its walls. Satan was no more
out of his place in Eden, than is cruelty in a place of reformation.
As to a criminal code's becoming "a bounty law for crime," when its
discipline for prisons is such as to render them a desirable
residence, to those who are suffering even the "_severest privations_"
in society, that Committee need have no fears. There is no danger of
any prisons ever becoming so mild as to be a _desirable_ residence for
any one. Take the purest apartment in heaven, and confine a seraph
there, and the simple fact that he was a prisoner would make his home
a hell. The Devil himself would prefer liberty in the world of woe, to
imprisonment even in Paradise--freedom with damnation, to salvation
with restraint.