nrza FrMBUM--u.rtteJ8,.twc.,.r»tFSni!lia». p gradually, except some whose sentences would ■twm soon expjre and a few oti,crs to be put to la- , 80MTA1IY CONFINEMENT. boU(, These mcasure3 were ^J^ twQ In your Gazette of Friday last, "Hamilton" reasons, 1st, that their punishment was changed, Hay*, "solitary confinement without labour, has and increased beyond their sentence. 2nd, that had a complete trial at Auburn, and the result the health and constitutions of those surviving •'has been decisive as to its utter inexpedience, convicts, had become alarmingly impaired." It is regards health, intellect, reformation and mustalso be evidentto all,that if any good effects expense." Facts would lead us to believe, had been produced on the convicts, by their so- llat the experiment of solitary confinement in litary confinement, their unexpected relief from Auburn prison, was made under circumstances that punishment, would have done them away; much more calculated to defeat it, than to give but it was the mode of that relief, which caused t a fair trial. the chief part of the mischief, viz." by pardon. 1 1. In the year 1821 the legislature of New The high state of mental excitement thereby lifork ordered that some of the oldest and most occasioned, would inevitably induce a state of ■heinousconvicts should be put in the cells: 80 feeling totally incompatible with remorse, for i them were accordingly selected for that pur- their former evil deeds, and would embolden i.iose in December, of that year, and the agent them to a repetition of their crimes, under the r)f the prison, thought proper to increase the well grounded expectation of enjoying a similar Wiishmentjby 'preventing them from lying down favour, upon another committal to prison. n the daytime:" whether they were obliged to "The consequence was, that many of them, I'tand up all day, is not mentioned, but the pre- even those who had been longest in confine- tamption is, that they were, and not even per- ment, returned to prison, in three, four,and eight fitted to sit on the floor, or on the frames of months."* Mr.Powers adds, that "twelve have their hammocks, for these "are turned up edge- been reconvicted; one committed a burglary in ;»iseduring the day." Powers Report, P. 44. the vicinity, the very first night after having I 2. The cells were designed merely to sleep been released from a long confinement, and In.and are entirely too small for the long confine- some others are known to be a terror in their nent of convicts, being only seven feet long, neighbourhoods."! leven feet high and three and a half feet wide- ,c r. , , i .... • f ,• c.x ... "Governor Yates had not interfered with the 3. l.ie interrupt.on of the experiment by go- • . e , T ., "*" ,. rnor v ltes< w,shes of ,he Legislature, and had permitted a ti > • u it. * a. t, ., t,lOSe convicts who were well, to continue in the 4. The pardoning by that officer, of those „ .... , , ue Ejected to it. eir t,mes 1,ad exPired> tl»e presump. i. „,„.. . . ., . „ . .. , „ . , tion is, that they would not soon, if ever, have It must be evident that the class of convicts .. . . ' *TB elected for the trial of Military confinement, s"bJected U,fmselve^o a repetition of the pun- «. such as did not afford the greatest hopes f T^ Jh" conchlsio" " strengthened by .f :.. „„„„^ ... ., D ,lie 'act» that, "in the New Jersey prison, where >t us success; nevertheless, Mr. Pc»verssavs, ; pi»««, wuuc i.80, "for a considerable time we had great * * "l''1"*" f*1™" W£re f°rCecl to «™ out onfidenceinthe success of this experiment," I'""[Umn* °£77 wh° had been confined> one ...-., ,..„,>„ lor three years and six months, only one had re- nt, "m the summer of 182-5, Gov. Yates visit- turnecl ». d the prison, personally examined the solitary onvicts, and after consulting with the inspec- 'hus we see that the chance of "reforma- jrs and agent, determined to pardon them all tion," against which Hamilton says the Auburn * Report to the Leg Mature of New York, January, 1825.—quoted in Dr. Mease's essay n the penal code, p. 72. f Power's report, p. 83. \ Letter to Dr. Mease. Essay, p. 72 "BB ;he 27th of September, and, on the same day, adjourned to lorn, rrjft nn ih#> snth^ anHrpmainpH until the latter part of June, in (s) experiment is decisive, was cut off by the unex- struction, and the circumstances' of the confin- pected cessation of it. ed, affections of both body and mind were much The injuries which the convicts experienced more lifcely to °ccur, than at Auburn, without in:their health, is not to be wondered at, when anX permanent injury to either taking place. we. reflect upon the smallness of the cells where- It must be observed further, that Mr. Power* in .they were confined. But that these indis,,o- says, «.that with all the privileges enjoyed by ponuons were slight, is rendered probable by a con;icts at Auburn> insamty -I9 no uncomJ; fact in the report of the prison committee to the occurrence. There are several now (1828) more New Vork Legislature, of January 1825,who, af- orless insane." p. 85. This refers to prisoners ter remarking that "of 36 men confined in th« at work ln the yard. What shall we sav to this' Cell* of the Auburn prison, for various periods, Does not the fact militate against associated 1*, from seven to .twenty-nine months, none suffered bour? CertainIy it does. and it may be used wi(h in tk*r nunds, say, "a few who had been con- the same iety, that the occurrence of mani. hoed for a year or more, were stated to have • ,, , • , ... c . ^ . .. . .,. . „ . is adduced against solitary confinement. I con- been indisposed with rheumatic afTections, ge- , , _ , , neral debiHty, &c. &C; but when permitted to dude' fr°m W,,at haS bee" here Sa'd> CmtnT* to go into the yard for a few weeks, the fresh air tlea^rtion of Hamilton, and other writers, with yards Cached 8 feet wide, and 20 It would have been singular if they had preserv- long. The convicts will be comfortable while ed their senses, considering the very wicked in the ce„s> and tliey can have the daiIv adva„ class of men who were confined, their want of ..^^l. *.- e i i r '• • . :„ ' tage or breathing fresh air, and of exercising in exercse, the pollut.on of the air they breathed, their yards. No more danger to their health, and the cruel pronation to lie down, (or per- therefore, can be expected, than if they were at hap. even to sit down) during the day; « that work [n the ison d, they were without the benefit of religious in- struction, and that the" voice of kindness and The ab')ve remarks are brought forward to compassion seldom or never reached their ears.f correct an erroneous statement, and not to infiV Dr. Mease takes particular notice of the objec- e,lce tne legislature, one b a:ich of which hasre ; tionsto solitary confinement, founded upon the s0'ved to punish by confinement and associated danger to the health of the body, and to the laDour» common crimes, and by solitude ami mental faculties in those subjected to it, and labour more heinous crimes; a decision which quotes numerous cases from history, of persons W'H doubtless be acceded to by the other branch" who were shut up for a long time in European T P. and American prisons, in which from their con- Feb. 21 1829. • Essay by do. p. 81. Journal of the Senate of Pennsylvania, 1S27-8, p. 4:75. f Letter of the Penitentiary Commissioners to the Senate of Pennsylvania, January, 1828'.