REMARKS j, u PRISONS AND PRISON DISCIPLINE UNITED STATES. By D. L. DIX. ' I have endeavored to clear my understanding from all prejudices, and to produce a frame of mitid fitted for the investigation of truth, and the impartial examination of these great questions.' Livingston. '"o BOSTON: PRINTED BY MUNROE & FRANCIS. 1845. Entered, according to Act of Congress, in the year 1845, by D. L. Dix, in the Clerk's Office of the District of Massachusetts. TO THOSE ENLIGHTENED AND BENEVOLENT MEN IN THE UNITED STATES, whose continued and well directed efforts have procured an ALLEVIATION OF THE MISERIES OF PRISONERS, AND WHOLESOME REFORMS IN PRISON DISCIPLINE, THE FOLLOWING PAGES ARE RESPECTFULLY INSCRIBED, BY D. L. DIX. REMARKS ON PRISON DISCIPLINE, fee. The difficulty of commanding time, to answer in detail numerous written and verbal inquiries respecting the result of four years personal study and observation of the Peniten- tiaries, Jails, and Aims-Houses, in the Northern and Middle States, with occasional visits to others adjacent, has induced me to put into this form some remarks illustrating the history and present condition of American prisons and poor-houses. I owe this to the high standing and intelligence of those who have honored me by the expression of confidence in my judgment and impartiality; and sincerely regret that I have so little leisure to give to these important subjects, upon which volumes might be written, showing the origin, progress, and prospects, of a Reform so eminently affecting social order and the Civil Institutions of our Republic. Years of unintermitted labor and vigilance are necessary for producing practically beneficial results, through the influences of these disciplinary institutions. Society, during the last hundred years, has been alternately perplexed and encouraged, defeated and successful, respecting the two great questions—how shall the criminal and pauper be disposed of, in order to reduce crime and reform the crim- inal on the one hand, and, on the other, to diminish pauperism and restore the pauper to useful citizenship 1 Though progress has been made, through the efforts of energetic and enlighten- ed persons, directed to the attainment of these ends, all know that society is very far from realizing their accomplishment. We accord earnest and grateful praise to those who have pro- cured the benefits at present possessed; and, with careful zeal, 6 we would endeavor to advance a work, which succeeding generations must toil to perfect and complete. Moralists and philosophers, with pietists and philanthro- pists, have urged upon "communities the truer course of em- ploying early preventive measures, rather than expend the energies, at a late period, in futile attempts to govern and lead by correct and virtuous habits, the long-time criminal, and the life-long indolent and ignorant. The great benefactors of individuals and of communities are the enlightened Educators ; the wise-teaching, mental and moral, instructors and exemplars of our times. These are they who, working effectively and effectually, reduce the crowded cells and apartments of our prisons and our alms- houses, and raise impregnable defences against the inroads of idleness and vice, poverty and crime ! Men need knowledge in order to overpower their passions and master their preju- dices. ' To see your brother in ignorance,' said Jeremy Taylor, ' is to see him unfurnished to all good works; and every master is to cause his family to be instructed, every governor to instruct his charge, every man his brother, by all possible and just provisions. For, if the people die (spiritually) for want of knowledge, those who are set over them shall die for want of charity.' Equality of knowledge, whether intellectual or moral, and equally clear conceptions of distinctions between right and wrong, cannot be possessed under the most careful instruction; for the capacity of man is infinitely varied; his early condition will modify his perceptive powers; acquisition will depend on many causes, all of which cannot be brought equally into action; but all men may be taught, who are not deficient in mental capacity,—that is, who are not idiots, or furiously mad,—in the observance of those laws and rules which give moral vigor and safety to society. Let the conscience be enlightened; let accountability and responsibility be demon- strated ; and, added to this, let the intelligent, the prosperous, and the elevated in rank, be elevated by justice, uprightness, kindness, and strong integrity,—and the humble, the lowly, the weak, of whom there are so many, and who are so sorely 7 tried and tempted, will have powerful aid in maintaining their virtue, in resisting vice, and in forbearing crime. During the last ten years especially, public attention has very generally been drawn to the two great experimental systems, which have come in our country to be designated— we will not here demonstrate how correctly—the Auburn system and the Pennsylvania system. Of those under the first named form of imprisonment, the best examples at this time, beyond all question, are that at Auburn in western New York, the Connecticut prison at Wethersfield, and the Mary- land penitentiary at Baltimore. The latter system is excel- lently illustrated in the Cherry-Hill, or Eastern penitentiary, at Philadelphia, and the Western penitentiary in Alleghany City, Pennsylvania. Good examples of the ' silent system,' applied in county prisons, may be found at Hartford and New Haven in Connecticut, and at South Boston, Massachusetts; and, of the 'separate system,' in Dauphin county at Harris- burg; at West Chester in Chester county; and at the prison in the Moyamensing district, Philadelphia county. Some writers on the reformed systems of penitentiary gov- ernment in the United States, have labored to advance a favorite plan by depreciating that to which they have been adverse; adducing examples of cruelty, personal abuse, and gross mismanagement throughout every department of the prisons to which they were inimical. This mode of illustrat- ing a system is altogether unfair and unjust. Who does not know that the best system ever devised by human wisdom, if badly administered, may become the fruitful source of almost incredible miseries and corruption, as, at one time, the prisons at Auburn, Sing Sing, Concord, &c. The good sys- tem, ignorantly or viciously administered, becomes as great an evil to the prisoner and to society, as the very worst system ever devised or tolerated. No candid or liberal mind will confound any system pre- scribed and adopted, with the mode in which such system is carried into daily operation. What person, acquainted with the horrible abuses, and the bloody atrocities, which at times, within a few years, have blackened the annals of the prisons 8 at Auburn, Mt. Pleasant, &c. will be justified, either by his own conscience or the public, in passing a sweeping censure upon the systems on which these and other populous prisons are established. The fact is, that, in all prisons every where, cruelties on the one hand, and injudicious laxity of discipline on the other, have at times appeared, and will at. intervals be renewed, except the most vigilant oversight is maintained. A fruitful source of these evils may be traced to the frequent change of the governing officers, according as one political party or the other gains ascendency. It is too often that men are appointed, not for their peculiar fitness for governing prisoners and conducting the financial concerns of the establishment, so much as to serve political ends, and satisfy narrow local prejudices. This is especially the fact in relation to the second class of officers in the penitentiaries, the keepers of the county prisons, and the masters of the alms-houses. Many of them are excellent men, honest and industrious ; many are of that class which is often called ' well-meaning men,' and capable in private life of filling their station with respectability. But, as rulers of other men, placed in a situation of authority to restrain, to command, to direct, they require a knowledge and experience of human nature, a tact and peculiar adaptation, by natural and improved capacities, for the grave and re- sponsible duties of governing their fellowmen; and not only governing men, but those who are the most ignorant and most perverted. Heretofore the exceeding importance of selecting officers by their moral gifts and fitness to maintain, not merely outward discipline, but to promote the substantial, lasting good of the prisoner, has been often overlooked, or regarded as a secondary consideration. But that character is not, in its general, social acceptation, lost sight of, is revealed in the fact that, for at least fifteen years past, the standard for the choice of the head officers of prisons in the United States has been rising, and it is mainly to this that the progressive improvement in prisons, gradual as it has been, may be ascribed. In propor- portion as these offices are made honorable and respectable,— I mean, not only the offices of chief warden, but those'of 9 second and third rank,—in both the penitentiaries and county jails, will competent and respectable men be found to conduct these institutions. I would not have the officers become preachers; I would not have them much interfere with the religious teaching, so called, of the prisoners; but I would have them all moral guides; and, while I would not desire to see them always, nor very often, engaged in discoursing and formal lecturing, I would have all they both say and do pro- duce an encouraging, awakening, and enlightening effect upon the prisoner. A few words are more likely to do good, than a tedious lesson; the too little regarded influence of manner, tone, and expression, are the most efficient help to all prison- ers, whether amongst ' the silent,' ' the separate,' or ' the con- gregated' classes. In order to do good, a man must be good; and he will not be good except he have instruction by counsel and by example. Now who have the power of exercising these direct hourly influences, except the officers who have charge of the prisons and the prisoners ? It is the word in season, and fitly spoken, which may kindle a desire in the degraded to retrieve himself. The faint desire becomes quick- ened into a living purpose; this passes into the fixed resolve; and this creates a sentiment of self-respect. Self-respect im- planted, conducts to the desire of possessing the respect and confidence of others ; and through these paths grow up moral sentiments, gradually increasing and gaining strength; and, in time, there is the more profound and soul-saving sentiment of reverence for God, acknowledgement of his laws, and a truer perception of that sanctifying knowledge which causeth not to err. If it is a fatal mistake to appoint incompetent officers to fill the very responsible stations just alluded to, it is a yet more fatal error in the community to demand rotation in office, annually or biennially. A really competent officer should not be displaced, but by his own request; for, granting his suc- cessor to be also well qualified, he will have less ability to conduct the discipline of prisoners, since he will want the habit and knowledge which result from experience only, and 2 10 which no merely general good dispositions can supply. I do not wish to convey the idea that this should be a life-office; far from it. I have never conversed with any officers, of the least habit of reflection, who do not say that the office of a prison-keeper, who comes in direct contact with prisoners, does not tend to blunt the moral susceptibilities. The trial and discipline of the dispositions, and of the habits of prison- officers, are too severe to be permitted to spread over a whole life; five or ten years, without interval, is perhaps as long a period for holding these offices as the keepers should desire, or as would really prove advantageous to the institution. I have not leisure to enlarge upon the finance of the peni- tentiaries ; the subject has been largely rather than elaborately discussed, and variously rather than practically reported ; and, it seems to me, with less advantage to institutions and the community than any topic connected with prison affairs. It is quite desirable that penitentiaries should not be a cost to government; on the other hand they should not be a source of profit. If the mechanic arts can be conducted with such dili- gence and success as to exceed the demand for the prison expenses, it would be well to apply the surplus to increasing the means of moral and general instruction for the prisoners, by establishing and increasing libraries of well chosen books; by multiplying discreet and earnest teachers, and apportioning a part of every day for giving and receiving instruction. A considerable revenue has been derived at some prisons by ' admission money,' that is, receiving at the entrance the sum of twenty-five cents each, from numerous visitors. This should not be allowed. None but official visitors, and persons who visit prisons for some definite objects connected with the administration of these establishments, and such of the rela- tives or friends of the prisoner, as by law have the liberty to be admitted, ought to be received. All who go to gratify a mere curiosity, to ' see the place and to see how the prisoners look,' should be excluded. The effect of this indiscriminate exposure upon the prisoner is bad, or, if it does not injure him, it only proves that he is so hardened in guilt, and so debased, that, in being made a spectacle for the gratification of the 11 thoughtless and the curious, he is willing his degradation should be as public as his life has been debased. Of this class there are not many. At the expiration of a sentence, it is customary, in all the States, to discharge the prisoner decently clothed, and supplied with a small sum of money, usually varying from three to five dollars. If a prisoner have friends and a home near, this is sufficient; but this is not oftenest nor often the case; and this usual provision is quite inadequate to convey the convict to a distant home, to a place of business, or long to support him honestly while he seeks an employer and employment; and to which, as a graduate from a State prison, he comes not without encountering many difficulties and repulses, if indeed his efforts do not end in total disappointment; when, discour- aged and tempted, he returns to old associates and associa- tions, and betakes himself again to those law-deriding modes of life that shortly subject him to misery and disgrace, if not to a speedy incarceration in the county jail. The disadvantages under which prisoners labor upon en- largement, have, within a few years, gradually awakened the attention of the humane and benevolent; and, in New York, within the last year, a society has been formed, styled ' the Prison Association of New York,' which projects, under an extremely comprehensive series of by-laws, the most exten- sive and thorough prison reforms ; and, amongst many special objects, the relief of enlarged convicts is proposed, ' by keep- ing an officer in the city of New York, where discharged prisoners may apply for aid and advice;' 'to endeavor to procure good boarding-places for the discharged prisoners, where they will not be exposed to corrupting influences,— taking care not to have more than one in one place, when it can be avoided ;' 'to see that the prisoners are provided with suitable clothing, of a kind that will not attract attention, and point them out as convicts.' An enlightened and excellent spirit has characterised the first movements of this association. In order to realize their aims, it is necessary that not one, nor three, nor five members should take an active part in the work ; the many are needed; and, in order to produce satis- 12 factory results, over so wide a field of various labor, a con- centration of influence and action is necessary, which will demand the undivided devotion of the time and energy of those who give their names to this great cause. I believe the best mode of aiding convicts is, so to apportion their tasks in prison, as to give to the industrious the opportu- nity of earning a sum for themselves by ' over-work.' A man usually values that most for which he has labored; he uses that most frugally which he has toiled day by day, and hour by hour to acquire. I believe every convict will be disposed to make a better use of the money he earns, than of that he receives gratuitously. He who works for his maintenance has a higher sense of self-respect, than he who receives his support from others. No man is so quickly and so certainly brought low in his own or others' esteem, as the common pauper. Indulged habits of dependence create habits of indolence, and indolence opens the portal to all petty errors, to many degrading habits, and to vice and crime with their at- tendant train of miseries. The prison societies in Philadelphia have, for many years, devoted a portion of the funds, derived from annual subscrip- tions, to the relief of prisoners discharged from the peniten- tiaries. At this time the system of over-work is adopted in the Eastern Penitentiary, and it is from a knowledge of the benefits resulting from this, together with previous observa- tion of a want to be supplied in some way in other States, that I should strongly recommend this practice. It is not to be supposed that all who are the inmates of prisons will be capable of earning their own support, and do- ing something more, whereby a store may be accumulated against the day of need. There are in every prison a large number of feeble, infirm, and incompetent persons, who have so small capacity that their earnings at most are trifling. Still, if these feeble, inefficient persons do all they can ; if they be- have well, and are disposed to observe the rules of discipline, they might receive some small allowance, so that encourage- ment might be given to quicken industry, and they too might have some honestly earned savings, as a resource when dis- 13 charged. I am confident it is neither a true direction of char- ity, nor is it real kindness, to give considerable sums of money to this class of persons. Some persons advocate the systems of rewards in prison for a term of good conduct or for special diligence. Any suppos- ed advantage from this plan would be overbalanced by in- creased difficulties of discipline. Jealousies and quarrels would arise ; the judgment of the ward officer would be at fault, and insubordination would follow. The more simple and direct the system of government, the more easily will dis- cipline be maintained. Complex rules and measures, like complex machinery, are often out of order. This system, a few years since, was resorted to in some of the French prisons and at Lausanne, and proved totally impracticable. Punishments have been much discussed, and with results but little satisfactory. Some advocate a stern rule of despot- ism, sustained by the use of chains, and the application of that compound instrument of torture, jeeringly called by offi- cials ' the cat,' or 'cat o' nine ;' others, with a morbid sensi- bility, nourished at the expense of discreet judgment, as well as true humanity, would forbid to the executive officers of prisons all means of discipline except the language of persua- sion. That period may arrive when this so beautiful and sensible influence may be all that is needed, but at present those who urge the abandonment of all modes of maintaining discipline beside this, must be either reckless of consequences, or igno- rant of human nature as manifested by a considerable portion of ignorant, long abased convicts. Those, who discover few traits above the lowest of the brute creation, can no more, at first, be influenced to observe rules and general order by mild influence and words, than the tiger or hyena can be brought to tameness by an expressive word or gentle regard. This subject cannot here be fully discussed, and therefore cannot be accurately understood, except by those who learn, by often and long-time observation, the various mental and moral conditions of convicts. I am certain that I could never subdue my instinctive horror and disgust of punishment by 14 the lash, as a means of producing submission and obedience. I could never order, witness, nor permit its application ; but I am forced, with unspeakable reluctance, to concede, that I believe it may be sometimes the only mode by which an in- surrectionary spirit can be conquered. Punishment should never be inflicted by the order of an inferior officer, nor by his sole representation. It should not be inflicted during the first moments of excitement, when the offence is committed ; it should not be inflicted till all reasonable and mild measures have been persevered in, and proved to be unavailing ; it should, in the strictest, most literal sense, be the dernier resort. The gag is another form of punishment, which seems to me shocking and extremely objectionable; yet it is sometimes employed. Twice, some years since, it was used upon an incorrigible prisoner in the Eastern Penitentiary, but never was considered a usual means of discipline. A letter addres- sed to the Warden of the prison at Sing Sing, August 1844, inquiring somewhat concerning present discipline, was very satisfactorily and fully replied to by one of the Inspectors, the Hon. J. W. Edmonds ; who, speaking of the modes of pun- ishment, remarks, " The gag has been sometimes applied, but it has been only among the females that it has been rendered absolutely necessary! The number of punishments inflicted, in the Sing Sing prison, during three months from April 1 to July 1, 1844, was as follows—there be- ing 868 prisoners in the men's prison—in April, 113 flogged ; in May, 94 ; in June, 107. There being 73 prisoners in the women's prison —in April, 13 punishments ; May, 11 ; June, 7." The least number of lashes at a time with the cat 6, the largest number at one time I did not learn. " In the men's prison the form of punishment is by the lash. This mode of punishment is regarded by the present Inspec- tors as so exceptionable, that they are resorting to every means in their power to supersede it. The prison was constructed under the direc- tion of one who would recognise no other mode of government, and consequently no provision was made for any other mode. The pre- sent Inspectors complained of this, in their last repoit to the Legisla- ture ; but no notice was taken of it, and they have therefore, with such means as was in their power,—much straightened by the deranged condition of the finances of the prison,—adopted means to do away with the lash. They are now erecting an outer ward, to contain 15 sixteen solitary cells, for the purpose of punishing the refractory. These will soon be completed ; and then the mode of punishment will be deprivation of food, or of bed, shower-bath, solitary confinement, and confinement in a dark cell. The three former are already used, and have reduced the amount of punishments with the lash. " In the women's prison, the lash is never used. There the punish- ments are confinement to their own cells in the main dormitory, or in separate cells, with reduction of food,' and the application of the gag.'" In the Maryland prison, the lash is sometimes resorted to for the women ; but, from all I observed and learnt, I should judge with but little permanent advantage. Wishing to learn what was the success of the amelioration in discipline, referred to by Judge Edmonds, I revisited the prison at Sing Sing, in November, and found the governors of both the men and women's prison determined to maintain order through the mildest possible influences ; but all their exertions, up to that time, had not exempted them from the painful duty of imposing severe measures ; but the record for October and November, furnished to me by the Warden last December, will show the then state of discipline. The following is an extract from the letter referred to :— " I send to you the record of the number of punishments with the lash in the month of October, 1844. It is proper for me to remark, however, that we resort to the lash only when milder punishments have been applied without securing submission to our discipline. By keeper H.—J. W., 8 lashes, for destroying property and leav- ing his work. J. M. C, 8 lashes, for stealing, laughing, and talking. J. J., 10, for destroying property. By keeper Sh.—H. B., 10 lashes, for stealing files and making ' bone-work.' L. C, 10, for talking, and leaving the shop without leave. H.N., 10, for having prohibited articles in his cell. By keeper J.—R. H., 6, for making a noise in his cell. C. F. J., 10, for insolence and falsehood. By keeper Sd.—J. S., 15, for noise and talking in his cell. J.H., 15, for spoiling his work. By keeper T.—H. F. 15, not doing his work—and not well. N.M. 6, for not doing his work. S. P., 7, for talking. By keeper A.—M.W.D., 10 lashes for singing in his cell. By keeper L.—J.C. 8, for talking. By keeper R.—A.H. 8, for talking loudly in his cell. W.P. 6, for the like offence. 16 By keeper V. W.—L.L. 10, for profane language, &c. By keeper G.—A. B. 20, assault on keeper, and insolence. By keeper M.—W.H.P. 13, for insolence and profanity. By keeper S.—H.F. 8, for violation of shop rules. By keeper K.—J.N. 10, making loud noise in his cell. By keeper W.—P.F. 12, for stealing, and destroying property. By keeper Ma.—W.D. 12, talking and disobedience. By keeper C.—G.B. 8, stealing yarn and trafficking. Making 255 lashings inflicted on 25 men this month ; 54 convicts violated the rules either of the prison or the shops, who have received punishments substituted for the lash ; aggregate of violations, 79. A great diminution since April, May, and June. In the month of November, 1844, twenty-five convicts received punishment with the lash, amounting to 296 blows with the cat, making an increase of 41 lashes for the following violations of discipline :— 6 for assaults upon their fellow prisoners 3 for refusing to work, 2 for singing, and 2 for talking. 7 for talking and insolence ; 1 an attempt to escape, and insolence ; 2, spoiling their work ; 1 for maiming himself three times, to avoid labor :—in all 25. Punished the same month, without the lash, 30. Making an aggregate of 55 for violations of rules." With nearly 1,000 convicts, viz. 868 men, and 73 women, on the ' silent,' congregated system, governed by a few officers, and restrained by a few guards outside the prison, the prison itself not enclosed by walls, and where communication per- mitted would assure rebellion, and slight breaches of discipline afford opportunities for conversation and plotting, I am com- pelled to admit that the only security of the prison, and safety of the officers, is in the most careful discipline. Even grant- ing the remission of discipline, now permitted in the Massachu- setts prison, to prove successful in continued practice, at Sing Sing, for years to come, it would be totally impracticable. It was attempted in Connecticut prison and failed, when the convicts numbered less than 200. The officers at Sing Sing deserve high praise for their efforts during the past year, at establishing and maintaining a mild form of discipline. Difficulties and serious obstacles present themselves continually. Here is the most corrupt, the most 17 degraded, most desperate class of prisoners, in any prison north of Mason and Dixon's line. Coming, as they chiefly do, from the city of New York, and from a corrupting appren- ticeship in that most corrupting city-prison, the Tombs, where hundreds congregate, and communicate and receive evil influences continually, how should it be otherwise? And this too is through no fault of the officers, since the internal construction and arrangements of the prison prevent separa- tion. The Prison Association may in time procure at least a par- tial remedy for some of these destroying evils. I sincerely believe that La Force never admitted more widely corrupting influences, nor Newgate greater and more destructive ones, than are disseminated in the Tombs. I refer entirely to the moral condition, especially in the men's prison. Wholesome changes have been introduced into the women's apartments and cells, but the moral miasma is diffused throughout ; free association neutralizes all efforts to instruct and reclaim. A second great disadvantage under which the officers labor at Sing Sing, and also in this respect the officers at Auburn, is the very large number brought upon one ground. It is greatly less difficult and hazardous to introduce changes, and to relax discipline in the ISew England prisons, and in those of the Southern States, which are governed on the same sys- tem, than in the Penitentiaries of New York. Here the lives of guards and officers are in imminent danger from these des- perate convicts, if discipline be relaxed, and indulgences intro- duced. One thing is sure, this can never be done to the ex- tent the superior officers and inspectors desire, and which so- ciety hopes and asks, till the prisons and prisoners are in these two establishments subdivided, and much additional provision made for their moral instruction, and well-directed religious teaching. The wonder is, that so accurate discipline is maintained at these several prisons, when one considers the limited physical force, and extremely partial moral influ- ences, which are brought to bear on them. 3 18 From the Warden of the state prison at Auburn, I received a letter dated July 17, 1844, replying to inquiries on the subject of punishments, of which the following is a brief extract :— " No convict has been in solitary confinement for any punishment since April 1 ; the number of punishments inflicted was, in April, 74 ; May, 67; June, 69 ; the number of convicts at that time ranging from 76S to 826. There are but very few cases when more than six blows are required to enforce submission. In some aggravated cases twelve blows are inflicted with the cat, and one convict, a desperate robber and burglar, received 41 blows, and has since behaved well. Punish- ment with cold water has been most effectual in subduing the refracto- ry, but I believe is often detrimental to health, and has therefore been discontinued at this prison. Close confinement is injurious and uncer- tain in its effects. I should resort to it if reasonable flogging proved insufficient. After much anxious reflection I have come to the conclu- sion, that moderate punishment with the cat, producing temporary smart, without permanent injury, is the most consistent with true hu- manity. Where this punishment has been carried to excess, as has been at times the case in former years, both mind and health were per- manently injured." I was at Auburn in November following the date of this let- ter, the refractory convict had cunningly planned a conspira- cy a week or two before, associated with other desperate pris- oners, which was nigh being successful, and which involved the lives of every officer on the grounds. Conspiracies at Sing Sing and other prisons have in like manner been plotted, but as yet timely discovered, usually through the faint-heart- edness of some one of the associates. It is to the fear of mu- tual betrayal, the little confidence one can place in his fellow, that the security of the large prisons is mainly ascribable. A communication from the Warden of the prison at Wethersfield, contains the following passage on punish- ments :— " We use the solitary cell for a short time, keeping the prisoner up- on bread and water, and in some cases we punish with stripes. But with us very little punishment of any kind is found necessary ; the power possessed by the officer to inflict it, serves to prevent transgres- sion. There were but two prisoners punished in the month of April, four in May, and none in June ; the whole number of prisoners at the 19 time being 180, of which 46 were black, and 21 were women. After an experience of twenty years, watching the effect and influence of state prison detention and discipline upon criminals, I am constrained to say, that its effect in general has not been to reform those who, in early life, have been disposed to crime, even when the best opportuni- ties have been afforded to them for reformation." I have visited the prison, above referred to, three times within a year ; those at Auburn, Sing Sing, Maryland, and Concord twice ; Virginia, District of Columbia, Ohio, Rhode- Island, and Pittsburg once ; Massachusetts several times; and those at Philadelphia and Trenton more than twenty different visits within the same period. The discipline at Baltimore is good; the punishments, according to numbers, less than at Sing Sing ; also less at Washington and at Richmond. At Rhode-Island rarely inflicted, but the number of prisoners is less than twenty ! At Concord fewer punishments than in former years. At Columbus and at Charlestown the Wardens severally are men who entered on their office with the earnest desire to do away all punishment, and they had faith in being able to accomplish their truly benevolent wishes. Neither has realized his anticipations. The punishments are indeed not numerous nor excessive in either ; a very gentle application of cold water at Columbus was all the punishment which had been inflicted for months before I was there, in August, 1844. The Warden has sent me his last report, which contains the following remarks on this subject:— " It has been my constant aim to avoid, as much as possible, all un- necessary severity, am) especially to use the lash as sparingly as possi- ble. As a substitute for this mode of punishment, I have constructed a shower bath, which in most cases I have found more efficient and less severe. For the last nine months I have suffered no punishment of any kind to be inflicted (except in extraordinary cases) unless upon mature deliberation it proved indispensably necessary. Nor has any been inflicted except in my presence. To be always present I consider important, not only for the purpose of directing what measure of pun- ishment should be inflicted, but to impress upon the offender the fact, that his punishment, having been inflicted under the eye, and by the direction of the principal officer, there can be no appeal from his de- cision,—and no greater punishment inflicted than is sanctioned by the Warden." 20 The lash is reluctantly or infrequently resorted to at Charlestown; and, as the Warden lately told me, ' only when all other modes of influence totally fail.' Punishments in the Massachusetts State Prison, in April, May, and June, 1844 and '45:— t-v t Days April 1844. Offence. Stripes. Solitary. For talking repeatedly, and insolence „ gross disobedience of orders . „ insolence and disobedience of orders „ attempting to obtain tobacco . „ obstinately refusing to labor . „ refusing to labor „ insolence to an officer April, 1845. For making a disturbance in his shop „ insolence to an officer „ obtaining tobacco from a visitor „ insolence to his officer . „ disobedience and insolence „ making a disturbance in his shop „ quarrelling with a fellow convict ., insolence and disobedience of orders „ making a disturbance in his shop and cell „ attempting to break out of his cell . „ insolence to his officer . „ threatening his officer with violence May, 1844. For profane language and insolence „ gross insolence to an officer . „ refusing to labor .... „ disobedience of orders and leaving his shop „ gross insolence and disturbing the quiet of sol tary prison .... „ insolence and profanity „ insolence to an officer „ insolence and disobedience of orders Mat, 1845. For quarrelling with a convict „ assaulting a fellow convict „ quarrelling with a fellow convict „ secreting himself with intent to escape „ gross insolence and disobedience „ do do do „ gross insolence and insubordination „ do to his officer 21 Date, May, 1845, continued. Offence. „ assaulting and striking a convict „ quarrelling with a fellow convict „ gross insolence to his officer . „ inattention to his work, &c. . June, 1844. For disobedience of express orders „ disobedience and insubordination „ disturbing the quiet of the solitary prison „ insolence to an officer . „ quarrelling with and striking a fellow prisoner June, 1845. For refusing to labor . making a noise while in his cell idleness and gross insolence . quarrelling with a fellow convict making a noise while in his cell quarrelling with a fellow convict gross insolence to an officer . disobedience of orders . gross insolence to an officer . do and disobedience refusing to labor and hiding his tools disobedience of orders and gross insolence gross insolence to his officer . insolence, disobedience and idleness making a disturbance while in his cell insolence and having prohibited articles making a disturbance in his cell do do while in his cell quarrelling with a fellow convict . gross insolence to an officer . refusing to labor .... making a disturbance while in his cell fighting with a fellow convict gross laziness and inattention to work refusing to labor .... Stripes 7 Days Solitary. 1 2 1 2 1 H 1 1 2 1 1 2 1 1 The system of indulgence often works well for a few months, or a year or two, that is, the officers have in the prison no special difficulties. But I never have known any prison, in which discipline is much dispensed with, which has not fallen into confusion, and in which it could be found that the good of the convicts has eventually, either morally or physically, been benefited. Rules must be established and enforced, and, 22 as numbers are increased in prisons, the necessity for vigilance increases. These rules, let it be understood, may be kindly while firmly enforced. I would never suffer any exhibition of ill-temper, or an arbitrary exercise of authority. The officers should be equally subject to rules and discipline as the prisoners. I fear that the Inspectors, and also the Warden and Chap- lain of the Massachusetts prison, have been somewhat too hasty in their conclusions in dispensing with some observances and rules generally connected with discipline, and that their congratulations to each other and the public, as expressed in the last two annual reports, are based on their wishes and hopes, rather than on a knowledge of prison government and necessities. I respect in them the feeling which has prompt- ed the wish to dispense with forms, and the appearance of re- straint, and some close rules ; I lament the necessity of impo- sing them ; but I am, from a four years' observation of jails and penitentiaries, obliged to allow, that greater restraints are necessary in all these, than our wishes, putting aside reason- ing on consequences, would determine. Steady, firm, and kind government of prisoners is the truest humanity, and the best exercise of duty. It is with convicts as with children ; unseasonable indulgence indiscreetly granted, lead to mis- chiefs which we may deplore, but cannot repair. What would be called discipline, in most prisons on the Auburn plan in the United States, is, at Charlestown and at Columbus, exceedingly lax, especially at the former. The men do not infringe rules as often perhaps as at Sing Sing ; but it is because they are dispensed with. There is no State prison at present between the Canadas on the north, and the Carolinas and Tennessee on the south, where so much free- dom is enjoyed as at Charlestown. Next after this is the prison at Columbus ; and thirdly, the prison at Windsor, Yer. With the exception of Rhode Island prison, which has so few prisoners that one can hardly make a comparison with others, the most correct and humane discipline, because the best order amongst equal numbers, with fewest punishments, is at Wethersfield. This prison is remarkable for the thorough cleanness and good arrangement of every part and depart- 23 ment. The chief defect is, the too little time given to moral instruction, and too little time to the prisoners for reading and self-improvement : this is a defect common to every prison on the ' silent or Auburn system' in the land : and also to the prison at South Trenton, New Jersey, which is on the ' sepa- rate' or Pennsylvania system. On this subject I am satisfied juster views are breaking upon the public mind, and I believe we may reasonably look for important and highly advantage- ous changes in the prisons throughout the United States with- in the next ten years ; but the first and most needed reforms are in the county jails or detaining prisons. Corporal punishment is permitted by law in the Rhode-Isl- and prison since they have abandoned the ' separate system,' or, as they call it, the ' solitary system' ; ' greater stimulants to fear of punishment being needed under the congregated la- bor system, as now adopted.' The punishments in Thomas- ton, Maine, and in Windsor, Vermont, were mild and not fre- quent when 1 was last at these prisons, two years since ; the discipline at the latter measuring near that at Columbus, but less relaxed than that at Charlestown. The punishments at the Eastern Penitentiary and at the Western Penitentiary, Pennsylvania, and the prison at South Trenton, established on the ' separate system,' punish by placing in an unfurnished cell, without employment, and if very refractory by chaining and reducing the food, as at Auburn and Sing Sing ; but the temptations to break rules, and the general arrangements of the prisons, are so few, that discipline is maintained without difficulty, and very few are brought at all under punishment, even by withdrawing a single meal ; an admonition from the Warden, or the Inspectors, or counsel from the moral instruc- tors, is almost all that is requisite. Punishments in the Eastern Penitentiary, in the months of April, May, and June, 1844, as copied from the Prison Records:— ' Mode—confinement in a cell, the window of which is darkened by a blanket being thrown over the glass; food—one and a quarter pounds of good wheat bread per day ; water at command ; visited by physician daily; size of the cell 14 ft. 10{ in. long, 7 ft. 6 in. wide ; average height 11 ft. 8 in. The punishments were as follows :— 24 1 prisoner in solitary cell for 9 hours—2 for 3 days—3 for 4 days— 1 for 6 days—4 for 7 days—making 11 punishments. 1 prisoner on 1 \ lb wheat bread, and water, in ordinary cell, 7 days, making 12 punishments in 11 prisoners. Average number in confinement, 366. Punishments of the same description, in darkened cell, in April, May, and June, 1845 :— 1 prisoner for 1 day—5 for 3 days—4 for 4 days—1 for 5 days— 2 for 6 days—total, 13. Average number of prisoners, 311. Irons are used on the wrists and ancles when necessary; the physician visits them daily, and changes the diet if he thinks best, on account of health ; a record is exhibited to the visiting inspectors twice each week, who regularly visit those under confinement. The pun- ishments in this prison are restricted, by the rules, to the above mode only, and the duration of time limited to one week; the power of punishing is confined to the warden's orders. The rule I have adopted, and found to be best, (writes the warden) is, for first offences, to release the prisoner as soon as he promises amendment; this plan is proved to be best by the few second offences. The Punishments for six months, Jan. Feb. and March, including the months of April, May, and June, 1845, as above :— Darkened cell—1 day, 1; 2 days, 5; 3 days, 10 ; 4 days, 4; 5 days, 6; 6 days, 3 ; 7 days, 8. Total, 37. 37 punishments in the persons of 34 prisoners. Average number of convicts, for six months, 316." In addition to the disciplinary punishments at Trenton, the wardens, with the concurrence of the inspectors, at a former pe- riod, adopted the douche or bolt-bath, as once used at Auburn ; but it was abandoned, for the same reasons which, as alrea- dy stated, led to its disuse there. Though punishments are rare, the discipline at Trenton, for the last few years, has been unequal. The best advantages of the system are not as yet fully possessed here. There is a great deficiency of moral instruction at present; in fact there has never been any suffi- cient or authorized legislative provision to meet these wants of the convicts. If we must concede to the prisons, which are established on the ' silent system,' as in Massachusetts, Rhode Island, and Maryland, the use of the lash, ' when all other means fail,' we should urge that, every where, this terrible necessity be 25 determined only by the principal officer of the prison ; and that, under no circumstances, it be permitted to the officers of the watch, or of the shops, to adjudge and inflict the pun- ishment. I have not perceived latterly, at any of the prisons, any disposition on the part of the officers to abuse their pow- er; but on the contrary an evident desire to carry into effect- a milder rule; still it is too great a temptation, and too respon- sible a power to allow to the large class of second officers the liberty of judging, pronouncing sentence, and executing the penalty of disobedience upon the prisoners under their charge. I am convinced that, with due care, and under proper di- rection, the shower bath, (not the douche, or bolt bath,) is a very effectual means of procuring submission to proper rules and regulations. It is a mode of discipline which may be, and which has been abused, but so has and may be every other form of punishment which the law allows ; and it is quite certain that while corrective force is needed for the gov- ernment of prisons, the Warden must be armed with discre- tionary authority ; and I think most prisoners would yield as readily to a shower procured by a bucket of water, as by a dozen lashes : the latter hardens a hard nature, and de- grades a degraded one. So various are the tempers and char- acter of convicts, that there can properly be no one prescri- bed form of correction ; one prisoner yields to kind expostu- lation the moment after excitement has subsided, another will dread the shower bath, another the lash, another his unfur- nished, comfortless cell ; a few, a very few, will dread nothing. It might be well that these should be quite separa- ted from others, and employed apart till a steady moral in- struction might so have softened, and raised, and enlightened them, that they should be capable of sharing their work and time with others. While we diminish the stimulant of fear, we must increase to prisoners the incitements of hope : in proportion as we ex- tinguish the terrors of the law, we should awaken and strengthen the control of the conscience. While, governed by 4 26 humanity, we place the prisoner under the fewest possible re- straints, and multiply the decent comforts of a well-ordered life, we must so impress with a sense of their value, as to dis- place habits of indolence and personal neglect. Man is not made better by being degraded ; he is seldom restrained from crime by harsh measures, except the principle of fear pre- dominates in his character ; and then he is never made radi- cally better for its influence. I earnestly plead for mild measures in governing the bad, the corrupt ; and not the less urgently, because it is to the de- fects of our social organization, to the multiplied, and multiply- ing temptations to crime ; in fact, it is to our wealth and prosperity, our very civilization, that we chiefly owe the in- crease of evil doers. In the exercise of justice, let mercy too have sway, but mercy not commingled with morbid sensi- bilities and unwholesome, untimely sympathy ; the indul- gence of these false sentiments tends to establish the criminal in criminal purposes, and to confirm the vicious in vicious propensities. Duration of Sentences.—Insubordination is stimulated, and efforts for reform often rendered abortive,by the injudicious in- fliction of long periods of imprisonment. There is often great disproportion between the offence and the punishment, and the punishment and the offence. Men have an innate sense of justice. Even individuals of very weak understanding, and but little instructed, have a perception of the distinctions of a just award between crime and its penalty. Mr. Morgan, the Warden of the Penitentiary at Richmond, reports, that the infliction of long sentences of ten, twelve, fifteen, and seven- teen years, for crimes less than murder, render his prisoners obstinate, irritable, and often desperate. This sentiment is generally concurred in by those officers in prisons, who have had experience and time to observe the effects of such punish- ments. Nothing is more common than for the officers who are placed immediately over the prisoners to direct their labor, than the expression of distrust of the administration of jus- tice, a sentiment which grows out of the observation of the 27 great inequality in sentences pronounced for the same offen- ces, on men equal in moral condition. They become reckless and obstinate, and callous to all influences moral or religious. Of 205 prisoners in the Richmond prison, Sept. 1842, 48 were un- der sentence for periods of ten years and more. Of 213 in prison in Sept. 1843, 55 were under sentences of extreme duration, exceeding ten years. Of 150 prisoners committed to the penitentiary in Columbus, Ohio, in 12 months, 1842, 21 were for terms of ten yeara and over ; 5 being for 17 years. In the Maryland prison, in 1843, 8 were received for terms of ten years ; and in 1844, 7 were received for ten years and over. In 1840, there were, in the Massachusetts Penitentiary, 47 whose terms of sentence exceeded ten years ; of this number 14 were for life. In 1844, there were 42 ; 12 being for life, and 1 for 35 years. Of 57 convicts in the prison at Thomaston, Jan. 1843, 6 were for life (1 only for murder) and 5 for more than 10 years; making 11 for long periods of time. In the Windsor prison, Jan. 1844, were 67 convicts—5 were for time beyond 10 years. At the Concord prison, of 89 convicts in June 1844, 12 were for life, 1 for 22 years, and 8 for terms over ten years and under 15. Of these 21 convicts, 3 were charged with murder in the second degree, 2 with attempt to murder, and 2 with manslaughter. At the Wethersfield prison, March 1845, of 197 convicts, there were 17 for life, 7 for 15 years, 6 for 10 years, 3 with fines in addition ; 3 for 20 years ; 10 for periods ranging from 12 to 15 years; 7 for 9 years ; 10 for 8 years ; and 10 for 7 years. In the Providence prison, Oct. 1844, of 20 convicts, 3 were for life, (1 since pardoned) 1 for 15 years, and 1 for 8 years. In the Sing Sing prison, Nov. 1844, of 868 men convicts, 9 were in for life ; 10 for over 20 years ; 39 for between 10 and 20 years ; 85 for 10 years ; 8 for 9± years ; 6 for 9 years. Of 73 women convicts, 11 were from 7 to 10 years, and 2 over 10 ; none for life. In the Auburn prison, Jan. 1845, of 778 convicts, 10 were senten- ced for life ; but the periods of sentence for the others were not record- ed in the report. In the report for 1842, of 712 convicts, 58 were from 10 to 20 years ; 240 from 5 to 10 years ; 4 to 20 years and over; 7 for life. In the Trenton prison, 1844, of 159 convicts, 1 was for life, 1 for 20 and 3 for 15 years ; 1 for 12; 1 for 14 j and 9 for 10 years ;— making 16 for ten years and over. In the Western Penitentiary, Alleghany city, 1841, of 130 8 were for ten years and over. In the Eastern Penitentiary, Philadelphia, 1844, of 126 c nvi — 1 was sentenced to 8 years, 2 to 9 years, 2 to 10 years, 4 to 12 years. Of 142 convicted in 1842, 3 were for 7 yeara, 6 for 10 years, 1 for 11 28 years, 1 for 13 years, 1 for 18 years, 1 for 19 years, 1 for 20 years, and 1 for 21 years—making 12 in one year for terms exceeding ten years. Of 156 convicts received in 1843, 6 were 7 years, 4 for 10 years, 1 for 12 years, and 3 for 15 years. In 1844, of 138 convicts received 3 were for 7 years and over ; 1 for nine, 3 for ten, and 2 for 12 years. Pardons and the Pardoning Power.—' Crimes,' says Mon- tesquieu, 'are more frequently prevented by the certainty, than by the severity of punishment.' Of what use is it to enact laws for the security of society; to institute courts of justice for the execution of them; to organize an active police force, and establish municipal regulations ?— of what use to construct county prisons, and build vast peni- tentiaries,— if arrests, and trials, and convictions, and sen- tences, are so frequently followed by unconditional pardons, as to have produced, throughout our country, so assured belief amongst all classes of offenders that many chances are in favor of their escape from condign punishment, even in the event of arrest, trial, and conviction ? So frequently has the pardoning power been exercised, and so indiscriminately, in many of the States, during the last twenty years, that nothing is so common, when first a prisoner is conducted to prison, as the bold expression and confident expectation of speedy en- largement. Either friends have promised to intercede, or legal advisers have encouraged the idea, or reliance on the executive is sanguine, and the prisoner goes to his cell, or the work shop, not in a frame of mind to obey the rules of the prison, not disposed to apply to assigned employments, not directing his thoughts to repentance and future good purposes, but determined to resist wholesome influences, and cultivate indifference or obstinacy. I speak of the majority of convicts; there are always exceptions ; there are some who are not con- firmed in criminal habits, and who have committed felonies while under peculiar trials and temptations. The claims of these to merciful consideration should not be put aside, to make place for importunities in favor of the basest offenders. The wardens of the prisons have, for years, testified against the extreme and injudicious exercise of the pardoning power; 29 increasing, as it does in the prisons, the difficulty of subordi- ^ nation, and indisposing the prisoners to learn the several trades at which they are placed in a manner to produce good work. The courts have censured, and communities have remarked upon this abuse of executive power; but notwith- standing it is seen that these favored convicts in most cases either return to their criminal practices, or fail to establish themselves as useful citizens; the evil, though diminishing the last five years, is so great, as affecting the peace and morals of society at large, as to call for something more effective than the mere expression of public opinion. The restraining influence of penal justice is destroyed by the frequency of pardons. The few, of doubtful purposes and character, are thus benefited at the cost of the many, and the best interests of the public. Laws, which are continually set aside, are derided; and sentences, continually reversed, bring the dignity and authority of the highest courts of of justice into contempt. Let the periods of sentence be shor- tened (except for wilful murder) ; but let them, unless in ex- treme cases, be served out. In nearly all, of some hundred examples, which have come to my knowledge, the hardened culprit has not become the upright citizen, and, in many cases, the lapse of a few months or weeks, or days even, finds the offender pursuing his accus- tomed career of vice and crime. In twelve months, for the fiscal year ending November 1843,—of 460 convicts, 45 were pardoned out of the Ohio penitentiary. In the year, ending November, 1844, 50 con- victs were pardoned out of the same prison ; 49 by the executive, and 1 by the president of the United States. In the Massachusetts prison, during the fiscal year, ending September, 1840, 14 prisoners of 322 were discharged by pardon, or remission of" sentence. In the year, ending Sep- tember, 1844, 15 were discharged by pardon and remission of sentence, and 4 by order of court. In the Maine State prison, of 781 convicts received, from 1824 to 1842, 119 were pardoned. In the Vermont state prison, in 1844, of 67 convicts, 11 were pardoned. In the New Hampshire prison, in 1840, of 78 convicts 14 30 were pardoned; in 1841, of 84 convicts 7 were pardoned ; in 1842, of 92 convicts 3 were pardoned; in 1843, of 89 convicts 15, according to official records, were pardoned. In the Eastern and Western penitentiaries, in Pennsylvania, of an average of 508 convicts, 22 were pardoned in 1841; of 522 convicts, 39 were pardoned in 1842; of 522 prisoners, 31 were pardoned in 1843; and 68 were pardoned in 1844. I ought to add that several of those released the past year were cases of peculiar hardship, from circumstances attending their conviction. But I have much reason to believe that, to the largest part, their own good and that of society would have been better consulted, by their detention till the expiration of their sentences. In New Jersey the pardoning power is rarely exercised; never in Delaware ; and seldom in Rhode Island. Prisons for criminal offences, in the two last named States, are not many. In Virginia, there were pardoned, from the penitentiary at Richmond, in 1839, 9 convicts; in 1840, 10; in 1841, 6; in 184.2, 9; in 1843, 6; in all 40 for five years; the average of prisoners being, within a fraction, 189. In the five preceding years, the pardons were thirty-five, and the average about 161. Compared with the number of prisoners, and the duration of punishment with the length of the sentences, the number of pardoned from this prison is smaller than in most other States. In Maryland, during the years 1841-43-'44, the pardons were 51; the average of convicts being 289 and a fraction. The average of pardons in the si ate of New-York, from 1825 to 1835, was as 1 to 4 ; and within the last ten years 398 have been pardoned from the Auburn prison alone. From the two penitentiaries in the State of New York, in 1842, there were pardoned 76 of 1523convicts; and, in 1844, there were released by pardons 85 of 1713. The whole number of persons convicted, as recorded in the cities of \ew York, in 1842, were 1,336, embracing no returns from Roch- ester and Hudson. Of these, 702 were born in the United States ; 423 in Ireland; 69 in England; 43 in Germany ; and the rest in European countries and islands; 373 could neither read nor write; 147 could read, but not write ; 608 could just read and write; the remaining 208 had received a tolerable common education, as official records show. Of the above, 802-were convicted in the city of New York. The same year, 1842, the whole number of convictions for criminal offences in the State was 1602, as returned by the clerks of the courts; 31 but the number of persons convicted was but 1522, there being 80 convicted more than one time. Of these 1414 were men, and 108 were women. The whole number of convic- tions, in 1842, criminal cases and others, inclusive, were 2741 ; of these 2355 were men, and 386 were women, tried in the courts of record. Of the minor offences I have not the authorized returns. In a large number of cases the pardoned convicts, in the States above referred to, gave no special evidence of reforma- tion ; but especially was this the case in New York and Penn- sylvania ; nor was there, with few exceptions, any thing in their moral, physical, or social condition, nor in their prospects of occupation when enlarged, neither mitigating circumstances adduced and proved in extenuation of their crimes, developed after trial and conviction, which should have recommended them to the gubernatorial clemency. It is well known that large numbers took advantage of their enlargement only to repeat transgressions; and many have been returned to the penitentiaries whence they were discharged, or received into prisons in other States. It can be shown that the most culpable offender has the fairest chance of escape from merited punishment; and it is a fact too well known, both in New York and Pennsylvania, to require proof by reference to official records, that the convicts who are most dangerous to the peace and welfare of society have been enlarged. The pardons last year, granted to so large a number of prisoners in Pennsylvania, reached not the more deserving convicts, but those of all beside who should have been detained in restraint. The same was the case in many instances in New York. In some cases I know, as at Auburn, and several elsewhere, as shown in the reports and related to me by the officers, convicts in a low state of health, and considered by the physicians as past recovery, have been pardoned that they might receive the last offices of declining life from their friends and relatives. To this no humane person can object; and it may be remarked here that these facts reveal in part the insufficiency of the tables, which record the annual number of deaths, to mark strictly the mortality in 32 prisons ; and as some writers upon these subjects seem to place an undue estimate upon tables, as showing physical as well as moral conditions, I have thought proper to allude to this fact. According to the Report of the physician of the Auburn prison, there were, ' in 1843, eleven deaths, and twelve pardoned to save life !' This cannot have been usual, since I know great care is bestowed on the sick at all the prisons ; and in most cases, they have a greater amount of judicious nursing and medical care than they would receive if discharged. But the majority of convicts, who are pardoned from all the prisons in this country, are in a good state of health. They are not, save in few instances, selected by or through the influence and recommendation of the officers, but by exertions of friends and associates abroad. It is a very well established fact that, of late years, the most notorious offenders are amongst those who have had the advantage of the executive clemency, especially those senten- ced for life for the highest crimes. In the State of New York, in a period of ten years, sixty convicts, under sentence for life, received pardon, none hav- ing been imprisoned so long as seven years, several less than three or two years, and one less than ten months. It is seen that these prisoners, sentenced for life, really had advantage over those sentenced for ten, for seven, and for five years. In this working of the law, and use of the pardoning power, it clearly becomes the prisoners' interest to get the longest possi- ble sentence. I would certainly not altogether dispense with the pardon- ing power, but I believe that some restrictions on the Execu- tive privilege would be a great public good, and regarded as such, even by those who now exercise unlimited power. If, as in Connecticut, the pardons could be granted but at one season in the year, and, in addition, if a special court, or council, could be created, associating with the governor, the chief justices of the courts, the state's attorney, and two or more of the prison inspectors, to inquire into the true merits of each case; if these were to constitute a Court of Pardons, I am confident the mischief, now resulting from the undue 33 clemency of the executive, would cease ; and those only would be released for whom an urgent plea could be advan- ced, and who are peculiarly objects of this humane use of power and mercy. Diet.—Diet in prisons is in general more carefully attended to than formerly. I have observed no neglects at any prison, at the time of my visits, nor any special wants, except at the Sing Sing prisons. These deficiencies may have been in part remedied latterly, but the food can never be served comfort- ably, nor, as I think, decently, under present arangements. Much unnecessary discomfort might be avoided by the con- struction of an eating room arranged as at Auburn. It is quite impossible to serve out food for more than 800 men in separate vessels, and distribute this, after its apportionment, the prisoners marching abroad, and to their cells to eat there, and have it in good condition. The kitchen department in prisons cannot be too closely inspected, both as to the quality and quantity of food prepared, the mode of preparing, and the distribution of it. The prisons at Auburn, Baltimore, and Wethersfield, offer, in the kitchen department, the best exam- ples of any prison which is organized on the ' silent system.' Water.—At most of the prisons on the Auburn plan, the sup- ply of water is inadequate to the wants of the prisoners, and for all general purposes. In summer, at Charlestown, Baltimore, and elsewhere, it is procured by transportation. These defi- ciencies are shortly to be remedied by tanks or cisterns. No prisons are so abundantly supplied as those of Pennsylvania ; none so miserably and uniformly bad from the beginning till now, as the Sing Sing prisons. ' During the month of Sep- tember, the expense of supplying these prisons with water, and that very scantily, was about $10 per day.' These pris- ons have never, at any period, had pure water ; never a suffi- cient supply for cooking or washing ; and as for personal ab- lutions, I must pass by the special practices and the wants together. At some seasons, and under favorable circumstan- 5 34 ces, a part of the men convicts have been allowed to bathe in the river.* Measures are in progress to secure this absolutely imperative demand for these prisons. To the deficiency, I think, may be referred much of the sickness which has at times prevailed here. Great attention is paid to personal cleanliness in the prison at Wethersfield. The prisoners and prison at Washington, D. C. exhibit care throughout in this respect. In the Rhode Island prison, the inspectors decided (Sept. 1844) according to printed rules and regulations, that ' the convicts in good health may be allowed the privilege of the warm bath once in three months' ! Cold water is supplied daily. In Charlestown, the accommodations for bathing are limit- ed to an occasional plunge (sometimes once a week) into a collection of water, called the canal, or canal lock—within the yard, and exposed to the weather ; of course, a large por- tion of the year, but little resorted to. The prisoners wash face and hands in the shops ; all the prisons, constructed on the Auburn plan, are deficient in arrangements for proper and sufficient washing and bathing ; and it is known that, except for drinking, no water is carried to the cells, and this in small measures, thus precluding the possibility of washing there. In all the prisons constructed on the Pennsylvania plan, the wa- ter being conveyed through iron pipes into every apartment, the prisoners have every facility for personal cleanliness; and I am glad to say, that this is enjoined both in the County, as well as in the State prisons. In the Eastern Penitentiary, in addition to cold-water bathing in the cell-rooms, which are comfortable both in summer and winter, and convenient, each being furnished ' with a tub, a wash-basin, soap, and towels,' the convicts have the warm bath once a week, the women in a commodious room adjacent to their gallery, and the men in bath-rooms constructed at the end of one of the corridors. Mr. Thompson, the judicious and competent warden, regard- * Tide water reaches above Mount Pleasant, rendering the water of the river unfit for cooking, the use of the laundry, &c. 35 ing personal cleanliness important, in its moral as well as physical influences, spares no care to secure this, and the means of preserving it, to every prisoner. " The mode adopted is attended with very little expense, and is as follows :—the daily escape-steam from the engine, is passed into a tank containing about SO hogsheads of water, which thereby is main- tained at a temperature of about 90° ; ten separate cells, each having a bath, receive the prisoners, that are brought separately by their over- seers, and are allowed fifteen minutes for bathing; soap, fresh supplies of water, and dry towels, being furnished for each. By this means, 40 can be bathed per hour, without any infringement of the separate system,—an officer walking in front of the grated doors of the bathing cells, effectually preventing any possibility of communication." Another arrangement, which in most prisons is sadly too much overlooked, is care in airing the beds and bed-clothing. I ought to say that there is no omission of this sort in the prison at Wethersfield; and wish I could, with truth, add the same commendation of all other prisons on the Auburn plan. The extremely small lodging cells of these call for special care in this respect. Too much attention cannot be paid to cleanliness in prisons. Clothing.—In all the prisons on the ' separate plan,' cloth- ing is sufficient; though some late changes, in respect to apparel at Trenton, it is to be hoped will be reversed, at least for the sake of appearance. Apparel in prisons on the ' silent or Auburn system ' is, with occasional interruptions, sufficient and comfortable at all seasons, except in the men's prison at Sing Sing. And I cannot but think, that, when the physi- cian, in his report for 1814, remarking on the great amount and severity of autumnal sickness, ascribes this ' to sudden change of temperature,' as collateral causes he might have added, the use of bad water, and insufficient supplies of water for all purposes, and want of suitable clothing to meet the necessity occasioned by sudden access of cold weather. The inspectors report ' 214 of the convicts in the men's prison ■under treatment at one time ;' the physician states ' the aver- age of sick for the month of 868 men, 101. 4-30 (?) daily prescribed for,' 36 The diseases recorded, are in the cold months 'colds, coughs, rheumatic complaints, and consumption. In August and Sep- tember, remittent and typhoid fevers, cholera morbus and diarrhoea.' I cannot learn from the tabular records the num- ber of individual cases of sickness ; the monthly average be- ing given of cases in the hospitals, and cases prescribed for in mass, and in whole numbers and fractions ! It should not be forgotten, in stating apparent special cau- ses of sickness in prisons, that, with few exceptions, the con- victs arrive at them with constitutions broken and health im- paired by irregular modes of life and vicious habits ; and so many causes may affect health, and lead to confirmed disease and death, that tables, recording these in any prisons, cannot be made use of with any sort of assurance, in deducing the comparative health of one prison over another, or the respective counts of mortality. Neither the ' separate system' nor the ' silent system ' conduct necessarily in their adminis- tration, to disease and death, the usual rules of health being attended to ; but it is as great a folly to expect exemption from these in any or all prisons, as it is to abuse one prison or com- mend another, because a few more die in one at one time than another. Differences of climate, differences of constitu- tion, as of blacks and whites ; a thousand considerations ren- der it as difficult as it is preposterous to compare the health of the prisons in our country with each other, even under the or- dinary circumstances of good government in all. The wonder is, that there is so little sickness in prisons, when the history of the prisoners is remembered—and that there is not more, must be ascribed to the advantage of regular hours of work- ing, eating, and sleeping, and restraint from bad habits. Ventilation.—The ventilation of prisons, though not over- looked, is insufficiently provided for. Lodging cells on the Auburn plan, though often whitewashed and aired by day, become almost insufferably impure during the evening, and by night. The occupants of the upper and lower ranges of cells suffer most. Let none judge of what these are by night, or of the state of air in the areas by night, from the free ven- 37 tilation secured by day, when the cells are vacated. Go after the convicts have been locked up for two or three hours, and traverse, if you can, the galleries and areas, and the defects of all these prisons, in respect to ventilation, will be revealed in a way too experimentally to be doubted or forgotten. The mode of warming all these prisons, destroys the life-influence of the air. The iron stoves in the areas, in which fires are maintained, keeping the iron at a red heat, deoxygenize the air; carbonic acid gas accumulates from gross animal exhala- tions, and, being heavier than atmospheric air, fills the lower spaces in the prisons and cells, and there remains stationary for want of sufficient currents on the level of the floors to carry it off; the insufficient supply from abroad of a pure air, to keep up the quantity of hydrogen consumed by respiration, with other causes, conduct to much feebleness and disease. The warden of the prison at Auburn, anxious to remedy these mischiefs, lately employed pulverized gypsum in the cells and areas; but there is nothing in this substance to recommend it as a valuable disinfector. Common lime, chemically consid- ered, is better, merely applied frequently as a wash. This is constantly and freely employed at Auburn, but does not secure a pure state of air; and nothing can, in those vast ranges of small occupied cells, except continual strong currents from abroad, and wide ventilators within. Chloride of lime is sometimes resorted to, but this after standing a little time, forms a crust, and, while undisturbed, is no longer an active purifying agent. Nitric acid is the most active disinfecting agent, and may be employed when the use of any foreign sub- stance is judged absolutely necessary. Cleanliness is better than the introduction of any of these agents. Heat.—There is difficulty in procuring in winter an equal and sufficient distribution of heat in the prisons on the Auburn plan. I know of no prison where, as yet, the officers express themselves satisfied with the use of the area stoves to procure a good supply of heat in the cold months. In the mild sea- son fires are kept up to dry the prisons, and to promote ven- tilation ; and, as the doors and windows are open during the 38 day, a comfortable and equal temperature is preserved. This fails in the winter; some cells being hot and stifling, others cold and uncomfortable. In the prisons on the Pennsylvania plan, the apartments (these are of so large size that they cannot correctly be called cells) are heated by means of iron tubes containing hot water or steam; as yet, at some of the prisons, there is difficulty in equalizing the temperature throughout all parts of the prison, during the coldest season. The prisoner has a right to share in prison, comfortable clothing, wholesome food, pure air, and a free use of water, equally with a humane discipline and ample means of moral instruction. Government, securing these, may claim and ex- pect in return diligence, subordination, and rigid compliance with the rules of the prison, with submission to its necessary restraints, and efforts to improve. Health.—The health of prisons is a very important subject, and the examination of tables exhibited in the several annual reports, from the mixed methods of presenting them, are of difficult comparison; even were this not the case, no close de- ductions I apprehend can be derived from them, and no gen- eral comparative conclusions can be drawn for less periods than 5 or 10 years. The number of deaths in the Connecti- cut prison last year was unusually large, but it would be ab- surd to charge the system with this result. After visiting large prisons in, or adjacent to, cities, I have the habit of visiting also those districts where the same trades are carried on by men at liberty ; especially have I carried out this comparison in Philadelphia in the weaving districts, and at different seasons of the year. In New York, Massa- chusetts, Pennsylvania, New Jersey, Maryland, and Virginia, I find the prisoners in as good physical condition in pris- ons, as are men working at the same trades at large, com- paring individuals by fifties and hundreds, employed in weav- ing, spooling, shoe-making, iron-working, cabinet-making, tailoring, &c. I have seldom included those prisoners recent- 39 ly admitted, as the health usually improves by regular habits and diet, with equal hours of rest and labor. The Insane in Prisons.—From the Massachusetts state prison ' 7 insane convicts are reported to have been transfer- red to the State Hospital, during the year ending September, 1844.' In the Connecticut state prison, July 1844, '2 only are represented as wholly insane, 4 partially, all being so at the time of commitment.' ' No provision,' writes the physician, ' is made for sending an insane convict to the Hospital at Hart- ford.' On a recent visit, August 1845, to the prison in Weth- ersfield, I found Rubello, so long a raving madman and con- fined to a small damp cell, not only tranquil, but comfortably dressed, and in the yard without restraint, observing the va- rious occupations of all who were abroad. He is very feeble, but talks with distinctness in good English, and seemed inter- ested in some reference I made to events in Madeira and in New York. * Inquiring at the prison at Auburn, concerning the insane, I found, that having no authority to send their patients to the State Hospital, they have conveyed them to Bloomingdale when so violent as to require much active care. The quiet patients are employed in the shops. One poor fellow, who had served out his time, and was but a degree above idiocy, was discharged the day I was last at the prison ; the officers ap- peared to commiserate his friendlessness and incapacity to take care of himself, and took much pains, after clothing him com- fortably, and giving him some money,to make him understand its value and use. He was no subject for convict discipline, and the Warden assured me never had been. Of the insane in the prison at Sing Sing, one of the Inspec- tors writes to me as follows :— " Aug. 28, 1844. As to the insane, it is difficult to give you any satisfactory answer. The line of demarkation between the sane and the insane is not easily defined. We are making a thorough investi- tion on this subject. We are not authorized to send any of our pris- oners to the State Hospital for the insane at Utica. We are therefore now erecting an out-ward for the treatment of the insane upon the 40 plan pursued in our best regulated asylums. At present the provis- ion for them is exceedingly imperfect." A deplorable necessity that, which urges the construction of a hospital within a prison. In November 1844, the committee reported, that beside four insane sent to Bloomingdale, 31 of the 868 convicts were in- sane. Most of these were insane when committed. Insanity is sometimes developed in this as in all other prisons,but so al- so is it in communities; and I consider neither the 'silent' nor ' separate' systems as specially disposing convicts to insanity. In the Eastern Penitentiary, during 1844, twelve convicts were admitted in a state of insanity. Within two years, twenty-seven have been received in that condition, charged with various crimes. These were entered as insane by the sheriffs who delivered them to the custody of the wardens, and known to be so at such times, and long previous. In February last, I saw six insane convicts in the prison at Trenton, all of whom I ascertained to have been committed in that Condition. From this prison, as from the Eastern Penitentiary, I traced these convicts' histories to the several counties, whence they were committed, in order to assure myself of the absolute fact of insanity previous to committal. In the Western Penitentiary, August, 1844, I found but one absolutely insane convict ; three were simple, or of very weak understanding. A letter from the chaplain of this prison con- tains the following reference to this subject. " I have given the subject particular and close attention, only for a short time ; but, in the period of my labors here, I am ready to testi- fy, that the ' separate' system has no more tendency to produce in- sanity than any other form of imprisonment. The mild influence which soothes the convict in his separate cell ; the frequent presence of the officers, who carry his food, instruct him in his employments, receive his work ; together with the aids of the moral instructor, the visits of the physician, the warden, and inspectors, and the use of books, unite to maintain an equable state of mind." In the prison at Columbus, I saw two decidedly insane ; in the prison at Baltimore, the same month, three, but not exci- ted. In the prison at Richmond, two ; the persons of these, and the cells, all indicated care on the part of the several offi- cers in charge. 41 The moral instructer at the Eastern Penitentiary, in 1844, wrote to me as follows :— " I think the 'separate' system favorable to the developement of the intellect. After a short time, a new habit of using the mind is acqui- red ; the convict begins to reason and reflect. The perceptive faculties are quickened ; the reflective powers are called into action ; the moral nature is wakened ; they listen to my counsels with respect, and are eager to be instructed, whenever I can give them my time. I have ob- served that separate confinement quickens the memory, and that acqui- sition, after the first few weeks of application, becomes remarkably easy. I have formed these opinions upon more than six years'experience in the daily office of moral teacher in this prison, and" I may add, that the conclusions of the other officers correspond with my own." Visitors.—Visitors' fees at Auburn, in 1842, were $1692.75, and, in 1845, $1942.75,—making $3636.50; at 25 cents each, we have for two years, at one prison, of paying visitors alone, 14546 persons. At Sing Sing,of paying visitors, was received, in 1843, $311.75, and in 1S44, $236 62, making $548.37; (chil- dren half price) 2194 visitors, counting only one at 12± cents. Income from visitors for two years at Charlestown, $1487.75 ; allowing 25 cents for each paying visitor, there were admitted 5951 persons. At Wethersfield, the visitors' fees amounted in the last two years to $548.12±, allowing 25 cents each, there were admitted 2192, allowing but one at half price; but, if the fees are less than 25, as is sometimes the custom, the number is greatly larger. At the prison in Windsor there were in one year 796 visitors. The same period in New Hampshire about 500 paying visitors, allowing 25 cents, more if a smaller sum. In Columbus, Ohio, in one year, 1844, was received $1038.78 for paying visitors, admitting, if we allow all adults at full price, at 25 cents each, above 4150 persons. It might be sup- posed that exposure of the convicts to such large numbers of spectators, would not aid the moral and reforming influences of the prisons. The revenue would be better dispensed with. Dimensions of Lodging Cells, &c. in the State Penitentia- ries. Maine.—Prison at Thomaston. The cells in use at the time of my last visit are now abandoned. The new prison, then in progress of erection, I have not seen completed. 42 New-Hampshire.—Prison at Concord. Cells in the new prison 6 feet 10 inches long; 3 feet 4 inches wide ; 6 feet 4 inches high. Ventilation defective ; tobacco freely used. Meals taken in these cells ! Area, between the cell walls and the outer wall, but 8 feet wide. Three tiers of cells. Vermont.—Prison at Windsor. Cells 7 feet long; 3 feet 6 inches wide ; 6 feet 9 inches high. Ventilated through the door and ceiling insufficiently; the use of tobacco allowed. somewhat in less excess than in New-Hampshire. Meals taken in the cells. Area 11 feet wide, ventilated but insuffi- ciently, by windows in the outer wall. Connecticut.—Prison at Wethersfield. Cells 7 feet by 3 feet 6 inches, and 7 feet high. Broad area, well ventilated. Meals taken in the cells. This is the most accurately neat and tho- roughly clean prison in the United States. I have never found it neglected. Every thing is in order. Cells in four stories. Massachusetts.—Prison at Charlestown. Cells 7 feet by 3| feet, and 7 feet high : very deficient ventilation. Meals are taken in the cells, thereby increasing the difficulties of main- taining cleanness and pure air. This prison now, August 1845, compares, in respect to the general appearance of the prisoners, cell-habits, and other arrangements, disadvanta- geous^ with the penitentiaries in Connecticut and Maryland, which I have also lately visited. Rhode-Island.—Prison at Providence. Cells 15 feet by 8 feet, and 8 feet high on the lower story ; on the second, they are about 3 feet less in length, but, being higher, contain about the same number of cubic feet. The cells are kept clean, and in all respects suitably furnished. Prison neat and well order- ed ; the county jail, (which is connected with it,) is, on the other hand, very bad indeed. The keeper has repeatedly ur- ged important alterations ; as yet without effect. New York—State prisons are at Auburn, Sing Sing, and one now in progress of building in the mining district, in Clinton county, 14 miles west of Plattsburg! The penitentiary at Auburn contains 770 sleeping cells ; these are 7\ feet long, 3 feet 8 inches wide, and 7 feet high. They are raised upon five stories. The area is lighted by large windows opening through the outer wall, and is nine feet wide from floor to roof. The ventilation, notwithstanding all these flues and windows, is intolerably bad. Great care is taken to preserve general cleanness, and much is gained by the prisoners taking their meals in a large well-arranged apartment, where their food is decently served, as at the Maryland penitentiary in 43 Baltimore, and that at Washington,D.C. Except in prisons established on the ' separate' system, where the cells are all of large size, this arrangement for the prisoners is demanded alike by decency and justice. The present warden pays un- common attention to secure supplies of wholesome food ; es- pecially inspecting the quality of the beef, pork and flour, con- sumed here. At one time much ill health was produced by a culpable indifference to the quality of the kitchen supplies. The men's prison on Mt. Pleasant, at Sing Sing, contains 1000 lodging cells, constructed in tiers of two ranges on a story, back to back, surrounded by an area nine feet wide, lighted by windows through a wall three feet in thickness ; each cell is 7 feet long, 7 feet high, and 3| feet wide. The ventilation is altogether insufficient, and all the cells compare disadvantageously with those I examined in Connecticut and Virginia. The situation of this prison renders the cells damp, even fires in the stoves fail to correct this disadvantage. The cells, except a few, are not clean; and I am not sure that they can, under existing circumstances, be maintained in what I should call the best order. The highest tiers are not in the best condition. New-Jersey Penitentiary, at South Trenton, is constructed on the separate plan. The corridors are 14 feet wide, the cells are ranged on either side in two tiers, and are well lighted, tolerably ventilated, and 12 feet by 8 in the clear. They are furnished with all needed accommodations, and have each an ample supply of water ; this last a means of promoting phy- sical and mental health,not generally possessed in prisons, and unfortunately too deficient in most of our public institutions. Delaware has no Penitentiary ; the common jail at New- castle is kept clean, but the prisoners, waiting trial, and after sentence, are associated in common. At the time of my visit, in May, 1845, I found the apartments filled with offenders of various ages and degrees in crime, whose mutually corrupting influence, as in almost every jail in the United States, quali- fied them for greater future misdeeds. Punishment usually speedily follows conviction in Delaware : the law is inexora- ble, and there is no appeal from the whipping-post and the pillory. Conversation with several eminent jurists and citi- zens in public life in Delaware, revealed their opinion as alto- gether in favor of this mode of administering justice ; some strong arguments were adduced in favor of the system, as the rare recurrence of second convictions ; but, granting its effica- cy as a terror to evil-doers, it is difficult to concede any thing beside. I cannot conceive that the use of the lash can 44 fail to render a hardened offender yet more callous to public opinion, and a brutal man more brutalized and bru- talizing in his habits. The same offenders will not perhaps quickly repeat transgressions in the same neighborhood, but, as a general rule, they will not be reformed in life, nor aided in reform ; they may be restrained, but they are not radically better men. The argument of less crime in Delaware than in adjacent States is no evidence of the greater excellence of the penal code, and superior efficacy of the lash and pillory, over imprisonment under the silent system on the one hand, or the separate system on the other. Delaware, in fact, offers less temptation to crime, and fewer facilities for escape from its penalties, than either Pennsylvania or Maryland, and I conceive this to be the true ground of greater exemption from criminal offences in proportion to the population in this State, than in others adjacent or remote. Since 1S29, there have been committed to the Eastern Penitentiary 118 criminals, na- tives of the little State of Delaware. Pennsylvania.—The Western penitentiary in Alleghany city is built on the radiating plan, the cells ranging on either side of corridors running down the centre of the buildings, twelve feet in width. The cells are 15 feet long, by 8 wide ; are well lighted, and tolerably ventilated. They are well furnish- ed, and abundantly supplied with water. The Eastern penitentiary, at Philadelphia, is built on the radiating plan, and consists of a central building, from which radiate seven wings or blocks. Three of these wings contain each 100 cells, the other four, 136 cells each. The upper sto- ry of the last built blocks contains a series of two apartments, opening into one, as a compensation for want of an exercise yard, or access to the wider grounds. A part of the cells en the ground floor are 11 feet 9 inches by 17 feet 6 inches, arch- ed at top, and 16 feet 6 inches to the highest part of the ceil- ing. In the four last built blocks, the cells on the ground floor are nearly 16 feet in length, affording convenient space for the looms, and other furniture. These large cells, or more strictly apartments, are well lighted and ventilated. They have a constant supply of pure water, and are furnished with all needed accommodations. The prisoners eat of course in their respective rooms. Maryland Penitentiary in Baltimore, contains, in the eastern wing, 320 cells for the male convicts, which range against the outer wall instead of being thrown into the centre. I greatly prefer this arrangement, affording as it does advantages of light and air, unknown in ranges of centre cells, so incon- 45 venient and tomb-like as those all are in construction. The two ranges, which are five stories each, are divided by a passage fifteen feet wide, in which stoves are placed, and fires maintained to dissipate occasional dampness and to promote ventilation. The prisoners eat in common, and are served with wholesome food. District of Columbia.—Penitentiary at Washington. The men's prison is 120 feet long by 50 wide, and 36 feet high. The cells are on the Auburn plan, and are 7 feet 11 inches by 3 feet 4 inches, and 7 feet 9 inches high. The windows in the outer wall are large, and the area is 12 feet 3 inches wide. The ventilation here is more free than in the New York pris- ons, but is far from perfect. I found the cells clean and de- cently furnished, and remarked a generally neat appearance in the eating hall. The wing appropriated to the women was clean, but the occupants, having no matron, were neither distinguished for silence nor industry. Ohio Penitentiary is at Columbus, and planned to receive 700 sleeping cells in the men's prison ; these are constructed on the Auburn plan, back to back, ranged in five stories, and have an area rather more than eleven feet wide. Here fires in large stoves are kept up through the year, to absorb the damps and to promote a freer circulation of air. The prison- ers eat in a spacious hall, which is kept clean ; supply of food ample, and sufficiently varied. Of 438, (450, including the women's department, and several convicts newly admitted on the 20th,) but 8 were on the sick list, and this during a sea- son when much indisposition prevails generally in the country. Each wing contains 70 cells on each story; these are 7 feet by 3 feet 6 inches, and 7 feet high. The ventilation is exceed- ingly defective. There was no matron in the women's wing at the time I was there, the 19th and 20th of August, 1844, and they were not slow to exercise their good and evil gifts on each other. Virginia.—Penitentiary at Richmond. The dimensions of the cells are 12 feet by 6 feet 6 inches wide, and 9 feet high, the ceiling being arched. These are lighted and ventilated, but not warmed in winter. I cannot, in that mild climate, regard this as a serious evil, since the convicts pass the days in the work shops. The prisoners eat in their cells ; the size of the?e renders this custom less objectionable than in prisons constructed more exactly on the Auburn plan. The use of tobacco is allowed. 46 MORAL, RELIGIOUS, AND GENERAL INSTRUCTION IN PRISONS. This subject, so important and so intimately associated with the idea of reformation for the convict, has, with rare excep- tions, in most States, heretofore received a consideration quite inadequate to its bearing upon the welfare of society, and the purposes which modern prison systems have professed to urge as of primary necessity. In the prison at Thomaston, Maine, a chaplain, appointed by law, attends as required. No system of general instruc- tion is adopted. The inspectors, concluding their report for 1842, remark, that ' The law requires the chaplain, in addi- tion to his services on the Sabbath, to make daily visits to the prison, for the purpose of conversing with the convicts ;' and add, that ' the effect of such visits is to afford opportunity for such as are inclined, to spend a part of their time in idleness and deception, while their sentence requires constant labor ' ! There are two services on Sunday, and a Bible class or Sunday School was established, in the hope that it would produce good results. The chaplain reports, that ' The num- ber is not large who will voluntarily attend this, and we con- sider it useless to compel them.' There are no regularly ap- pointed visitors at this prison, of experience and ability, to instruct the prisoners, and the labors of the chaplain appear to be chiefly confined to special religious duties. The prison is deficient in a supply of books, and the means of general moral instruction, as well as instruction on the subjects of common education. In the prison at Concord, New Hampshire, those of the con- victs, who cannot read and write, are taught by the chaplain, who is appointed by law, and who is much interested in ad- vancing the well-being of those under restraint. There are two services on Sunday, the order of exercises being the same as in the churches abroad. The largest part of the day, not so occupied, is spent by the chaplain in going from cell to cell, conversing with, and teaching the prisoners. It will be per- ceived that other aid is needed. There were 89 convicts in 47 1844, evidently a larger number, when the hours for teaching are considered, than one person can attend to. There is a small library, and each prisoner is furnished with a weekly temperance paper and a religious paper. The chaplain re- marks in a report for 1844, that the ' largest proportion of the convicts were destitute of early moral culture and religious instruction. Some, from their earliest childhood, have been exposed to the worst examples,' ' and more than half have committed crimes under the influence of intemperance.' " A few have fallen victims to the cunning of more sagacious offen- ders ; but the truth is irresistible, that, in most instances, the want of early moral culture, and the use of intoxicating drinks, have more effect than all causes beside, in bringing the convict to his low condition." Increased attention has been given to instruction in this prison, and it is hoped that judicious measures will be adopted to advance this important work. I think the custom, which prevails at present, of admitting citizens generally to the chapel services on Sunday, should be discontinued, as unsuit- able in all respects ; at once exposing the prisoners to improper observation, and necessarily distracting their attention from the duties of the time and place. The prison at Windsor, Vermont, has a chaplain appoint- ed by law, who holds two services on every Sunday, and attends prayers at the close of each day ; he also visits the prisoners in their cells and in the shops ' from time to time.' I remarked that the officers were disposed to sustain moral influences, and the warden, judging from his conversa- tion, had the good of the prisoners much at heart. But here, as in other prisons already mentioned, the means for careful and increased teaching of the convicts are too little considered, and the importance of this too little regarded by government. The hours of teaching and learning are chiefly confined to the Sabbath. The State prison of Connecticut, at Wethersfield, has a chaplain, who, according to the statute, is required to spend his whole time in the instruction of the prisoners. He holds service on Sunday, and the convicts are assembled morning and evening for prayers. The Sunday school is taught by 48 the officers of the prison ; those attend who are under 25 years of age, and are divided into Bible and Reading classes. The chaplain, a religious and intelligent man, who is zea- lous in his work, appeals as follows to the Directors, in behalf of the convicts :— " I submit to the directors, with great respect, and yet with earnest- ness, in behalf of my unhappy charge, whether the letter or the spirit of this benign law can be executed, or the benevolent intentions of the Legislature carried out fully, under a system which has for its great object the mere making of money, and under which little instruction can be communicated, except at seasons when the men are so fatigued that they cannot be excited to mental effort ? " The chaplain proceeds to suggest a plan which proposes di- viding the men prisoners into six classes, two at different times for each working day of the week, which he proposes to instruct for an hour each, thus securing two hours a week for regular moral, and general educational teaching. " In this manner," he continues, " new trains of thought might be suggested, new mental efforts aroused, and the mind, long debased by ignorance, indulgence, and crime, may be awakened to hope and amendment, to sentiments of affection and self-respect." These views were also strongly urged by the predecessors of the present chaplain. This care to lessen the severity of labor, in order to educate the conscience and the intellect, is alone needed to place the Connecticut prison on the best pos- sible foundation for the ' silent system.' At present it affords the best example of that system in the United States, not being, like Auburn prison, crowded to excess, and in conse- quence possessing advantages for more correct, moral disci- pline. For many years however, in Connecticut, it has been the aim, not merely to make the prison support itself, which all prisons should do, but to render convict labor, and the exhibition of the convicts, a source of revenue to the State. This last mistaken custom is found in all the prisons of the northern States, and conducts to frequent and improper ex- posure of the convicts to the gaze and remarks of the curious and the inconsiderate. Massachusetts State prison, at Charlestown, has a chaplain appointed by law, who, like the other officers, is paid by the 49 State. He holds one service on Sunday. ' Eight months of the year there is a Sunday school, before the service, at which those convicts, who are interested, attend.' Those, who can- not read, are formed into spelling classes and taught, others are instructed according to the views of those who are teach- ers. Singing, which is well conducted, makes a part of every service. Prayers are engaged in daily, morning and evening. The area, during the cold season, is lighted, in order that those prisoners, who wish, may read after being shut into their cells at night. I think that the lighting of all the cells cannot be done effectually; but, not having been there at evening, do not speak confidently. The chaplain writes for the convicts, when they wish to communicate with their friends : this office, though cheerfully performed, involves much labor, and I think con- sumes time that might be better employed in the instruction of the convicts, on the improved but limited plan proposed by the chaplain of the Wethersfield prison. I see no reason why those prisoners who can write should not do so, accounting to the officer for the proper use of the writing materials, and submitting their letters to the Warden or Chaplain, as the law in other prisons enjoins. If the pris- oner can see to read in his cell, he of course can see to write there. The chaplain remarks, in the annual report for 1844 : " The government of this commonwealth has wisely and benevo- lently made provision for the employment of all requisite moral and religious means and influences, on which principally reliance is to be placed for the moral improvement and reformation of the inmates of this institution." On the same page, I read as follows:— " The undersigned is far from supposing that all the moral means and appliances for the improvement of the prisoners is placed in his hands," Sec. In this sentiment I heartily concur,—and I conceive that, without breach of even as close discipline as that at Wethers- field, much less that at Charlestown, the moral, religious, and mental culture of the prisoners might be more effectually pro- moted. In addition to the diligent cares of the chaplain, ' with 7 so such means as are placed in his hands,' and the Sunday school, and such aid as is afforded ' by him who stands at the head of the institution,' the convicts are furnished with temperance papers ; some religious papers are put into their hands, and tracts are circulated. Some hundred volumes of books are in circulation, presented by several individuals, from time to time, but chiefly purchased, first by the sum of fifty dollars, ' sent by the mother of a life-prisoner to her son, to furnish him with proper reading.' Books were purchased with this sum; and these he used for a time, and then put into gen- eral circulation, that his fellow-prisoners might be benefited thereby ! A donation of fifty dollars was opportunely sent from New York, by persons friendly to this important means of promoting good in prisons; the sum was expended as de- signed by the donors. At the last session of the Legislature, $100 was appropriated to increase the number and variety of works already in use. As yet the last purchase is not in circulation. Rhode Island State prison, at Providence, has no chaplain appointed or supported by the State. Mr. Douglas, the faith- ful home missionary of a Baptist society, in a general report of his labors, remarks,— " I have repeatedly visited the county jail and State prison, but not so frequently as in former years; but little good can be accomplished for the prisoners in the jail, so long as they are without classification, and without employment; and I feel it to be the duty of the State to furnish moral and religious instruction to its convicts." An act, passed in Rhode Island, in 1838, for establishing the discipline of the prison, contains the following section:— " 5. Instruction. Any person or persons licensed by the Inspectors, shall be allowed as free intercourse with the convicts, for the purpose of giving them moral and religious instruction, as is consistent with the safe custody of the convicts. Pubhc religious exercises may be held by such person in the corridor of said prison on the first day of the week, measures being taken to prevent the convicts during this time from seeing each other, or holding any communication with any one not authorized by the rules of the prison. Each cell shall be fur- nished with a Bible at the expense of the State, and one hour in each day shall be allowed each convict for perusal of the same, if he please." 51 Since the ' silent and congregated system' has been adopted, in place of the 'separate plan,' (which here was never applied according to the Pennsylvania system, and, as earned out here, was wisely discontinued, (the religious service on Sunday is attended in the large work-room, which is commodious and exceedingly comfortable. The very small number of prisoners, there seldom being twenty at one time, renders the govern- ment of this prison easy, and permits an extremely mild dis- cipline. According to " By Rules adopted by the Inspectors, September, 1844," it is " provided that the convicts may, at the discretion of the Warden, be allowed to use such books as may belong to the prison and have been approved by the Inspectors." " Writing materials may be al- lowed on Sundays ; and, when public worship is held in the prison, convicts shall be required to attend, unless prevented by ill health, or other reasons satisfactory to the Warden." At the hour I last entered this prison, I found all the con- victs, save one, diligently employed at their tables in reading, spelling, writing, and arithmetic. I never saw a better order- ed school, or a more studious class of pupils. No person, not informed, could have imagined these to be state convicts, or the apartment to be the working-room of a State penitentiary. I may remark here that, in the event of insubordination and vicious obstinacy, corporal punishment is sanctioned by the inspectors, and privation of food and water is the penalty for wilful transgressors. But though severe measures are sanc- tioned they are seldom resorted to. The most difficult sub- jects to keep in control are the recommitted convicts from the other state prisons. I heard a religious service here, appro- priate for the class for whose benefit it was held, from a cler- gyman who voluntarily gives a part of Sunday to this office in the prison. The Western State prison of New York, at Auburn, has a chaplain, appointed and supported by law, since 1835. His duties are arduous in the extreme. I have known no chaplain connected with this prison, whose health has not suffered from efforts to instruct the convicts. The cells (790) are nearly all filled, except occasional vacancies by removals to the hospital, 52 in which the numbers are varying by new cases, and cases discharged. There is a Sunday school, in which young men from the Theological seminary, and several other citizens, are associated as teachers. But about 260 can be accommodated at one time in the chapel; hence exchanges are allowed from time to time (except in the spelling and reading classes), which divide the advantages of the school between rather less than 600 of the convicts. Nearly all the prisoners attend regular religious services once on the Sabbath ; and short but very impressive services, in the dining hall at the hours of meals, are observed twice daily. The chaplain has free access to the hospital and the shops ; but it will be conceived that, where so many need instruction and counsel, it is utterly impossiMe for one man, devoting all his time and energies to the duty, to meet the moral and mental wants of the prisoner. The Warden especially, and several of the officers, unite their aid and in- fluence ; but the labors of all, who are employed here, seem to me always to task the time and thoughts to the uttermost. Beside these brief interviews during the day, the chaplain spends from two to four hours on the galleries six evenings of the week, conversing and teaching after lock-up hours. The supply of books at this, as at other prisons, is quite inadequate to the wants of the prisoners. I think there were less than 350 volumes in a condition for use. The Tract and Bible so- cieties have made gifts of tracts and bibles, the latter to be dis- tributed as the convicts leave prison. The State supplies a bible for each cell, and some prayer books. Of 778 convicts in prison, January, 1845, the chaplain re- ported ' 156 who could not read when committed ; 353 intem- perate ; 331 lost one or both parents at an early age ; 252 left their parents before they were 15 years of age ; 301 had been gamblers ; 589 were there on their first conviction ; 136 on the second ; 35 on the third ; 14 on the fourth ; 1 on the fifth ; 83 are under 20 years of age, and 382 between 20 and 30 years.' There has for several years been increased attention to the instruction of prisoners in the Auburn prison ; but it must al- ways be deficient, if imprisonment is to be regarded as refor- 53 matory and restoring, as well as punitive, till a new plan for dividing the labor-hours is adopted, and provision made for one or two teachers in conjunction with the chaplain. New-York Eastern penitentiary, at Sing Sing, has a chap- lain appointed and supported by legal enactment. There cannot be at this prison a sufficient attention to moral teach- ing and mental culture under the present labor system. It will be perceived that the devotion of the whole time of the chaplain to his difficult duties, would afford but a small amount to each convict, there being 868 in the men's prison, and 73 in the women's, at the date of the last year's report, August, 1844. The chaplain reports of his own labors, that " There is preaching in the men's prison at 9 o'clock on Sabbath morning, and at 10, in the women's prison ; the school being held in each prison during the interim of preaching. The remainder of the day I spend in attending service in the hospital, and in personal con- versation with those in the cells who desire it, which geneally occu- pies all the day. The week is spent in visiting the sick in the hospi- tal and elsewhere, and in conducting the correspondence and inter- course of those who have liberty to write to, or converse with their friends." Books are distributed in the men's prison, at the discretion of the warden and the chaplain, by direction of the inspec- tors ; this practice, during the last year, has diminished the violations of prison rules, and most of the convicts, who can read, and, reading, can see in their confined cells, are eager to possess a book. Great exertions have been made during the past year by the inspectors to promote moral influences, and elevate the moral condition of the prisoners. Books have been,through the efforts of intelligent persons interested in the best reform of the prisons, contributed ; and these, with the efforts of the offi- cers, have aided in the improvement of the convicts. Benefits are especially observed in the women's prison, where the smaller number of prisoners, the less labor required, and the exertions of the matrons and assistants, have combined to procure a greatly amended condition. More than half the prisoners, committed to the Sing Sing prison, are sent from the cities of Brooklyn and New York, 54 where they have become familiar with every vice and crime. The Prison Association in New-York propose to direct special care and efforts to advance moral and mental instruction at Sing Sing. And the prospects of the prison in this respect are at the present time vastly more hopeful than at any former period. Of 861 convicts in November last in the men's prison, 536 could read and write ; 210 could read ; 115 eould neither read nor write. Of 73 convicts in the women's prison, 22 could read and write ; 30 could read only ; 21 could neither read nor write. A rather remarkable table appears in the last annual report of this prison, where ' the causes for the offences for which they are this year committed to prison,' are thus recorded : Want of protection in early life, 16 ; intemperance, 192; ditto of wife or of parents, &c. 15 ; destitution, 112 ; no conscience, 1 ; innate depravity, 26 ; insanity, 7 ; imbecility of mind, 7 ; weak principles, 17; sudden temptation, 40 ; anger, 11; refuse to answer, 7 ; innocent, as they assert, 149; don't know the cause, 2 ; for gain, 3 ; self-defence, 2 ; jealousy, 1; and evil associations, 253. It will be seen how serious is the claim of persons under such singular conditions as above-stated, upon the labors of all connected with them, for enlightening and instruc- ting their minds. And not a few appear to be subjects for hos- pital treatment, rather than prison discipline. But this is a fact not peculiar to the Sing Sing prison. The Warden is zealous to advance, by all possible means, the views of the friends of reform in the men's prison ; and the Matron in the women's department has labored very earnestly for the last year in this most difficult sphere of duty. The State prison at Trenton, New-Jersey, like that at Co- lumbus, has no chaplain appointed by law. Voluntary preachers often hold a service on Sunday, but there is less at- tention to the suitable instruction of the prisoners in this prison than can in any way be excused or accounted for. Hereto- fore the inspectors have given apparently little thought or in- fluence to the subject, confining their attention to the general direction of the prison and to financial concerns. 5.5 Many of the convicts can neither read nor write : they should be taught : very few have any enlightened ideas of their moral obligations, and need a teacher. Some have re- ceived books, but there are too few belonging to the prison li- brary to afford much advantage. I ought to add, that these omissions and wants have awakened interest and attention in the minds of some sensible and influential citizens, and it is reasonable to anticipate an early and effective provision for these deficiencies. The prisoners in the County prisons in Delaware receive no moral and religious instruction, so far as I can learn. There is here no State prison. Convicts, sentenced to imprisonment, remain in the county jails. The Maryland State Penitentiary, at Baltimore, has no chaplain officially appointed ; but the president of the board of directors states, that " The prison is open to the clergy of all religious denominations ; and in addition to the regular preaching every Sabbath, in both the men and the women's prison, the prisoners are instructed in their moral duties, by ministers of the gospel who visit the prison every week. Those prisoners who do not desire private conversation with religious teachers are exempted; but all are required to attend service in the chapel. All who can read and desire books are provided with Bibles, Testaments, and moral and religious tracts. The Maryland Tract Society have liberally proposed to establish a library of appro- priate books for the use of the convicts, and much good is expected to result therefrom." The ministers of the Methodist Episcopal Conference are much devoted to the religious instruction of this prison on Sundays. The Inspectors report so favorably of the financial concerns of the prison, that one would naturally suppose, as they ex- press a sense of the benefits derived from the diligent labors of voluntary teachers, that they would propose and urge the official appointment of a chaplain, and suggest some modes of procuring for the prisoners the advantages of mental instruc- tion, with additional moral culture. The Penitentiary at Washington, in the District of Colum- bia, has a chaplain officially appointed, who is much interest- ed in his duties ; but the arrangements of the prison do not permit sufficient time for the instruction of those convicts who 56 cannot read and write; though this department is not wholly overlooked. There are services on Sunday, and a Sunday school; but I cannot commend the custom of making a portion of the convicts the teachers of the others. The discipline of the prison may be called close, compared with some others on the same system. The State prison at Richmond, Virginia, is destitute of a chaplain, and of those general provisions for instruction,which are so important in prisons. Occasionally one service is hold- en on Sunday by some voluntary preacher. A Bible and slate are furnished in each cell, and small books are occasion- ally distributed. But few of the convicts have ever had op- portunities of moral and mental culture. The Ohio State Penitentiary, at Columbus, is so totally de- ficient of the means of moral and mental culture directly im- parted, that little remains to be said, after stating the fact. Voluntary preachers, one especially, have toiled here ; yet nothing is done to aid instruction by legislative enactment, and those who make disinterested and self-sacrificing labors in the field find their exertions productive of little benefit,com- pared with the good results which might be looked for, if a suitable system were adopted for advancing the moral and mental culture of the convicts. The Western penitentiary of Pennsylvania, in Alleghany city, has a chaplain, appointed by law, who has daily access to the apartments of the prisoners, where he not only renders religious instruction at proper times, the line upon line, and precept upon precept ; but devotes himself to teaching the untaught in reading and writing. He distributes books, as often as necessary, from the prison library, which is receiving additions from time to time. Religious services are held on Sundays, and I think great care is taken on the part not only of the chaplain, but on that of the warden, to advance the best good of the prisoners. I always found those, who could read, referring to their books with interest. Some gave them- selves, during their leisure hours, to a regular course of study in arithmetic, geography, history, &c. Each cell was fur- nished with a Bible, and most had, in addition, prayer books 57 and hymn books. One of the great advantages of the sepa- rate system, is the greater facilities of teachers for imparting instruction, both as to time and place, and the much larger amount of time allowed the prisoner for his own use. The diligent, who accomplish their task early, or timely, have many more hours for self-improvement, and this is a stimu- lant to industry, which is generally apparent. Of 60 prisoners admitted into the prison in 1814, 41 were intemperate, and 11 moderate drinkers. Most of these, when withdrawn from the temptation of excess in the use of ardent spirits, discover a disposition to improve their minds, and address themselves to their duties with cheerfulness under the direction of their officers. The Eastern Penitentiary, at Philadelphia, has a chaplain, appointed by law, who commenced his duties in September, 1838. Previous to that period, pious clergymen, and other re- ligious persons visited the prisoners occasionally, and several gentlemen, especially Rev. Messrs. Demme, Crawford, Irvine, and Wilson, devoted a part of the Sabbath to a religious ser- vice. I consider the moral, religious, and mental instruction in this prison, which is officially provided, and voluntarily and regularly imparted, more thorough, efficient, and complete than is supplied to the convicts of any prison in the United States. And this has been sustained, in various ways, since the first occupation of the prison in 1S29. The inspectors, with timely vigilance, in their first report, urged the appoint- ment, with compensation, of a chaplain for the prison. In their second report, 1830, the faithful voluntary services of Rev. Dr. Demme, and of the Rev. Messrs. Crawford and Wilson, are acknowledged. Beside the usual preaching on Sundays, individuals, composing the committee of the Prison Society, visited the prisoners with a view to their spiritual in- struction, and useful books were loaned by different persons. In 1830, Dr. Demme, addressing a letter to the inspectors, says,— " I rejoice that you regard religious instruction as an integral part of your system. The voice of the Unseen Preacher produces the most striking and happy effect." 8 58 Rev. Mr. Crawford, in 1831, writes,— " From sermons, exhortations, and religious conversations, from time to time held with the prisoners, I am convinced a considerable good has resulted. The moral sense has in some instances been awakened, and religious impressions made." In 1832, while the inspectors acknowledge the benefits de- rived from the various voluntary teachers, and especially the good received from ' the Society for alleviating the miseries of prisons,' from ' the Bible Society in supplying bibles, and other religious works,' and from the services of the Rev. Mr. Wilson, who for a long time preached every Sunday, ' much good resulting therefrom,' still press the legislature to appoint a moral instructor, whose duty it shall be to devote all his time to the convicts. The subject was renewed in 1833, and the able services of Mr. Crawford and Mr. Irvine, gratefully attested. The inspectors, faithful to their trust, in the report for 1833, again appeal to the legislature for additional provision for moral teaching, and repeat their expression of thanks to Messrs. Crawford and Irvine. 1834 finds the same zealous teachers at their good work. In 1835, the legislature are still reminded that they have failed to provide for the services of a chaplain. In 1836, the Arch-street prison for women being broken up, and the inmates removed to the new County prison at Moya- mensing, ' the Association of Women Friends ' divided, and, by invitation, a portion assumed the moral teaching of the women convicts in the County prison, while others, eleven in number, undertook that of the State women-convicts. From that time to the present, these pious and devoted women have labored for the spiritual good and mental culture, of those of their own sex who have, through folly, or ignorance, or evil dispositions,become inmates in the Penitentiary. They make stated visits every Monday afternoon throughout the year ; and you may see them there seriously and perseveringly en- gaged in their merciful vocation. Their care extends to the convicts after the expiration of sentences. These ladies read the scriptures, furnish suitable books for the prisoners, give 59 instruction in reading, writing, and arithmetic ; and, what is of great value, because reaching them through a direct influ- ence, instruct them by conversation, suited to their capacity. This association reports in 1836 that ' The prisoners, being in separate apartments, are seen apart by their visitors, thus af- fording opportunity for counsel and instruction adapted to their various circumstances.' The Matron is indefatigable in the discharge of her duties, and much interested in the im- provement of the prisoners. In 1836, the inspectors reiterated their demand upon the State for the appointment of a moral instructor, laying more stress upon the good to be imparted by individual teaching, than upon the delivery of weekly discourses, unsustained by constant daily care. The same year, the visiting committee from the legislature report in favor of the wishes of the in- spectors, and refer gratefully to the gratuitous labors of the visiting clergy on the Sabbaths. In the reports for 1837, the claims, urged in preceding years, are repeated; and, in 1838, after so much importunity, we find appointed the excellent and faithful teacher who has de- voted himself so closely to the spiritual interests of the con- victs. But let this fact not be overlooked, that, through the stated visits of religious members, both of the men and the women's Prison Society, the preaching of ministers on Sun- days (there being always several present,) and the visits on week days, of such ministers as were called at the request of the convicts, this prison was by no means in the destitute con- dition represented by some well-meaning, rather than careful- ly inquiring writers on the subject. The direct means of moral and religious instruction, now possessed by the prisoners in the Eastern Penitentiary, are these : on Sundays,public service is held and instruction given often in all, and always in a part,of the seven Blocks. Books are distributed to all who can read, beside bibles, hymn-books, and prayer-books, which belong in the cells. On the same day, in addition to collective teaching, the chaplain and the schoolmaster converse with many of the prisoners individual- ly. I have met in the prison, at the same time, ministers of 60 various denominations, gathered each to impart christian truths, and encourage efforts after improvement. Once a week, on Saturday, the committee from the Prison Society see those who are most in need of their counsels, also the commit- tee from ' the Women's Prison Society,' on Monday. A com- mittee is sent from the German Society to teach those German convicts who cannot speak English. Rev. Mr. Rafferty at- tends the Catholic convicts, and Mr. Michelbach, the Jews. Instruction in reading, writing, arithmetic, &c. is given by the schoolmaster to those, most requiring these lessons. A well-chosen library, established by the benevolence of one of the inspectors, J. Bacon, Esq. and which is gradually increas- ing through the good offices of those who appreciate this mode of instructing the prisoners, is in continual circulation. A very liberal spirit has always been shown by the regular official visitors in furnishing, to the educated convicts, books to ad- vance them in knowledge, and establish regular habits of ap- plication and industry. The prisoner's time is his own for improvement, when he has finished his allotted task, which is by no means severe. The chaplain daily, as the schoolmaster, goes from cell to cell, adding counsel and exhortation to en- couragement and persuasion, and often writing to the friends of the prisoner, when he is not able to do this himself. It will be seen, in the preceding pages, that except in the Eastern Penitentiary, general and moral teaching in the State prisons is insufficiently provided for. In the county prisons, with but few exceptions, it is quite neglected. It is known by all who are acquainted with the actual condition of our pris- ons, that, where there are chaplains appointed and sustained by law, their duties far exceed the measure of their time. On this subject public sentiment is rising, and the prisoner, regard- ed as an object of commiseration rather than of anger, is ap- proached by the christian teacher with kind and earnest efforts to inspire him with truer views of moral obligation, and a reverence for religious knowledge. It is granted that no en- deavor on the part of the teacher, however assiduous, will secure radical reform in the majority of convicts. Against these 61 results we have the almost insurmountable antagonisms of debased habits, low views, lives formed on bad and corrupting influences, a vicious parentage, and an evil neighborhood, naturally weak understandings with many, and ignorance with a yet larger number. Add, to these adverse circumstan- ces, the debasing influences of our detaining prisons, so desti- tute of instruction, and permitting indiscriminate companion- ship. These, combining, have finally brought the convict, not by rapid steps, but through a long career of misdoing, to the State prison. Social rights, just laws, the rule of con- science, and accountability, have not been so much oblitera- ted, as never well understood by the mass of convicted pris- oners. Inquire of this large class, which crowd our peniten- tiaries to their utmost capacity, what have been their moral training, and educational advantages, and how small a num- ber will be found, who have sinned under the full light of wise instruction, early commenced and advanced ! Enlightened transgressors, and men of considerable intel- lectual capacity, rarely are found in prisons. These are too adroit, too cunning, to permit themselves to be ensnared by the emissaries of the law. Feeble minds, too infirm of pur- pose to keep in the straight path, too incapable of reasoning out their truest good and best interests, and many, of consitu- tionally depraved propensities, these, chiefly, fill the cells of our Penitentiaries. The safety of the community requires the restraint of these, and if possible it asks their reformation : to this end, it must supply the means, not by severe and arbi- trary punishment, but by firm, consistent discipline, united with carefully-directed modes of instruction. Few have been attracted from an evil to a good life by the severity of their fellow men ; many have been brought to a sense of that knowledge which causeth not to err, by the gracious influen- ces of earnest piety, shining out in the life and conversation. We too often judge convicts by false standards. We promise, through all reformed prison systems, too much, even under the most favorable mod s of administering them. It is not easy to correct a trivial, inconvenient habit for a short time indulged ; shall a whole life of wrong and mistake be amend- 62 ed by a few years of imprisonment 7 Nourish and train rightly the young plants ; then, as they grow to maturity, they will not exhibit deformity, and yield unwholesome fruits. While we are unsparingly severe against sin, we must asso- ciate mercy and charity with our judgment of the sinner. The present has been called the age of daring enterprise and bold experiment ; this is true, not less in the moral and intellectual, than in the mechanical movements of the world. The long-forgotten theories of past ages, with buried inven- tions, are revived, modified, applied, and sometimes perfected. It is not wonderful, that, amidst this stirring life, this ama- zing rush of events, and this business-tossed phase of society, much that is chimerical and unsound, should challenge atten- tion, and engage votaries. Agitated waters throw upon their surface sparkling bubbles, and turbid froth ; but the first, in breaking, quickly disappear; and the last, passing away, bears off impurities, leaving the deep waters wholesome and purified. The restlessness and excitability of our people must find some escape valve ; it is therefore well that the thousand pro- jects and theories of the day should have their experimental life ; for experience is a sound and wholesome teacher ; and the votaries of plans and systems, which have been tested, whether religious, social, or civil, come quietly to relinquish what they have been allowed to prove useless, when, if oppo- sed, they would cling to error, with all the tenacity of self- will, and the obstinacy of weak-mindedness. Truth, we know, rests on a basis too solid to be swept away by the rush of error. As the history of the past exhibits the prevalence of truth over that which is false ; of right over wrong; of sound reasoning over specious sophisms,—we learn, from these often interrupted, yet finally sure results, a higher faith in human nature, and juster estimates of mutual obliga- tion. Guided by this faith, and more profound sense of duty, we shall gradually place moral education in the scale of in- struction, from which it has so often been cast out ; and so, moral power will be increased, this true Archimedean lever, 63 which only can exalt to a permanent standard national pros- perity, and secure the duration of free governments. The restraints of human laws would be less often derided and defied ; the laws of God would be less recklessly tram- pled upon, if public teachers, in studying their several profes- sions, more diligently studied human nature, and more carefully inculcated, in the place of creeds and unessential dogmas of human invention, the holy precepts, illustrated in the life of Jesus Christ. How surely then, if not speedily, would de- crease those wrongs and follies, and miseries ; those errors and vices, and crimes, which deform society, and break its peace. In the language of one of the wisest instructors of our times, ' It is the education of the conscience which is chiefly neglected,'1 and who may not see that, through this fearful neglect, spring the weeds and the tares, which waste the wheat-fields of the world 1 Reformation of Prisoners.—The reformation of prisoners is a subject often referred to, but generally in such terms as to afford but little satisfactory evidence to the mind of the in- quirer. I understand by reformation, not a course of correct conduct in prisons, for often the most accomplished and incor- rigible' offenders are the least troublesome to their officers while working out their terms of sentence, and converse most satisfactorily with those who have opportunity of verbal com- munication. Reformation is not embraced in expressions of regret for past misdeeds, nor in jwofessions of amendment for time to come. I feel justified in reporting only those convicts reformed, who, after discharge from prison, betake themselves to industrious habits, and an honest calling; who, in place of vices, practise virtues ; who, instead of being addicted to crime, are observed to govern their passions, and abstain from all in- jury to others. And I call those converted who unite, with rectitude of conduct in the social and civil relations, a devout and religious spirit, nourished by christian truth. The evi- dences of such a reformation of character and life, can only be obtained by years of knowledge. The first temptations to go astray after enlargement are, I think, often for a time re- 64 sisted ; and indeed good resolves are cherished often for con- siderable periods; but with the majority discharged from all prisons, I know that the opinions on which the fact of reform- ation is predicated, are exceedingly ill supported by direct evi- dence. We may hope and wish for the best results, but we do not possess the assurance of them. I know of no person, who has kept in view so large a number as fifty or one hun- dred convicts, enlarged from any Penitentiary, two or three or five consecutive years. Small numbers are occasionally di- rectly heard from ; some more generally ; but the mass disperse, change their name, and are not traced by those who might be inclined to record their history. We certainly cannot adduce a precise number reformed, according to the true meaning of reformation, out of any prison within my personal knowledge, or the reach of my inquiries. I can obtain no general or certain evidence of large numbers. The warden of a peni- tentiary which has been proposed as a model for others, on the ground of its moral influences, told me. within a few days, that he ' fully believed that ten out of eleven convicts dis- charged from his prison were reformed.' Asking the reason of this belief he replied that ' they did not come back.' I could not accept that conclusion, and gained no more satisfactory evidence from other officers,or the chaplain. All most sincere- ly wish this, but the wish stands, I fear, in place of the fact. We claim too much for our present prisons, on whichever sys- tem established ; but I do conscientiously believe that, allow- ing diligent care and unanimity in promoting moral progress amongst all the officers of prisons on the 'congregated' or 'silent' system, this work is much more difficult and uncer- tain, than in a well-governed prison on the 'separate' system. From the almost universal custom of the indiscriminate asso- ciation of prisoners in the county jails, I consider that as yet neither the excellences of the ' silent system,' on the one hand, nor those of the ' separate system,' on the other, have been fairly tried. I am aware that, both at Sing Sing, Auburn, and Charles- town, from time to time, this subject has engaged attention, but investigation has not been thoroughly carried out. At 65 Sing Sing, according to the report for 1845, of 848 convicts discharged since the spring of 1840, 43 were recommitted; 94 were pardoned; and, of these last, 4 were recommitted ; and the chaplain reports that ' 100, when last seen and heard from, were doing well.' Now these men are not regularly kept in view, and a part of them have been out too short a time for us to assert that their reformation is complete. The same is the fact in regard to the prisoners referred to in reports at Auburn and Charlestown. Penitentiary Systems in the United States.—The two reformed systems of the United States have severally had earnest advocates, claiming for each the highest advantages. It cannot be imagined that any system is perfect as first pro- posed. Experience in the application, often reveals defects and deficiencies, which, in the beginning, were either not dis- cerned or were overlooked. This has been the case with both our prison systems, the 'separate' and the 'silent' plans. The good men who aided to establish these did not suppose that no greater advance was to be made. They were glad to possess good in place of what was universally declared bad; they have been earnest to advance to better, and we must hope and trust, that best is yet to be developed. This last will not have origin in the penitentiaries of the country; it must be derived from radical changes in the early and later instruction of all children and young persons; in domestic life more wisely regulated ; schools more perfectly taught; county prisons re- modelled and placed wholly upon a better foundation. When influences, springing from these changes, are felt, we shall be able to have the best mode of discipline introduced into all penitentiaries; and we shall see the population of these de- crease, as a wider moral sway is brought to enlighten and control society. Whatever system shall ultimately be adopted, or whether these two so much discussed systems shall be combined into one more perfect than either, the peace and order of society, the duty of the government to offenders, and the obligation of 9 66 man to man, require that all prisons should be established on just, and on christian principles. It is plain that the writers who advocate prison reforms, and peculiar forms, will best se- cure these ends by confining themselves to the practical appli- cation of means, with simple, direct, and explicit statements of them. As they consult, or ought to consult, the interests of humanity alone, violent attacks, and partial views of one system with exaggerated representations of another, should be avoided, as subversive of these objects. We may reasonably hope much from the influence of the more consistent and clearer views in regard to the government and reformation of offenders, which are gaining ground. But too little heed is given to the prevention of crime. It would be greatly more worthy of a rising nation, valuing itself on its rapid growth, political freedom, and the diffusion of common school education, to expend more money, and extend a more vigilant care over the young, who, neglected in manners and morals, throng our cities and large towns, than to vaunt itself continually upon the exceeding excellence of all its institutions. This reiterated national-glorification ; this self-applause, insin- uated into every report and address; and yet worse, because more widely disseminated, into every periodical and journal, brings down the standard of morals, and the few, who cour- ageously state the truth in plain terms, are looked upon with suspicion, and almost considered as aspersers when they can- didly indicate omissions, or specify mistakes and abuses. It is enough to concede that, as a new people, we have begun many things well, and have certainly accomplished much in few years creditable to ourselves and our country; but it should not be forgotten that more remains to be performed than has been accomplished; and more than enough to engage all the benev- olent and energetic spirits of the time to labor unfalteringly and with energy ; and, though differing perhaps in the modus operandi, to advance the common cause of humanity in a spirit of harmony and good-will. The eminently practical spirit which has always directed the movements of the Prison Societies of Philadelphia, ever rich in good works, has accomplished much. 67 The enlarged plan and earnestly-directed efforts of the New- York Prison Association, alike practical in its aims, are creat- ing for its members an honorable distinction ; awakening the gratitude of many, and the respect of all. The influence of the Boston Prison Discipline Society has been chiefly exerted, I believe, through the circulation of its Annual Reports. It proposes, as appears from its printed constitution, less direct influence by its members over prison discipline and convicts, than the two first named societies. Some years since a sum was appropriated from the funds of this society, for paying chaplains to serve in the New-York and Connecticut prisons. The money thus applied has been repaid, by order of the Legislature of both States, as shown in their public documents. In remarking upon the Eastern Penitentiary, I do not pro- pose to vindicate the separate system, nor justify those who sustain it. The one is as little needed as the other. Here the many excellences of the system are revealed, and its few de- fects alike appear ; and the good and upright men, who have honestly towards the public, and justly and humanely to- wards the convict, discharged the duties of Governors, In- spectors, and Visitors, in this prison, are so well known in public and private life that they need no justification. It is not conceivable that ministers of the gospel, physicians who are especially jealous of the integrity of their profession, officers holding ward over the prison, and inspectors chosen from those who are trusted by their fellow-citizens, together with the humane and benevolent men and women who compose the prison societies, it is incredible that these should combine to uphold a system found, in its working, adverse to the moral, physical, and mental well-being of the prisoners. Allowing that a few might, through prejudice and reluctance to see a favorite plan defeated, be so warped in judgment as to be self- deceived, it is not possible that so many and so variously-con- stituted minds as are connected with this prison, should com- bine to deceive, and depart from truth in representation, and from humanity in action. The insinuation which a very few-, 68 holding other and more favorite views, have permitted them- selves to make, that the annual reports present partial and false representations of the prison, are too unworthy to deserve comment. Happily for society and the cause of prison dis- cipline, a liberal and philanthropic spirit now prevails, and is extending an influence which will produce the most sal- utary results. The friends of the 'separate system' have certainly exercised a remarkable spirit of forbearance under the injurious aspersions of their opponents for many years, judging very rightly that the truth would vindicate itself. It is to be hoped that henceforth the voice of mutual encourage- ment and good-will, will dignify and distinguish all who en- gage in these works of mercy towards the fallen and unfortu- nate, the evil and the debased of our race. Many persons appear singularly ignorant of the discipline, as well as of the actual condition and employment of prison- ers in the Eastern Penitentiary. A vague feeling of horror pervades some minds, when the subject of separate, or, as it is often incorrectly called, solitary imprisonment, is spoken of; and they condemn, as inhuman or unjustly severe, a form of imprisonment, of which in fact they have no correct knowl- edge. To those who cannot visit this prison, and who have no means of large information, it may be interesting to learn that the convicts are uniformly treated with kindness, and a regard to their rights as men, not forfeited with their rights as citizens. They are, it is true, in separate confinement, but it is in rooms of good size,* conveniently furnished with refe- rence to preserving habits of neatness and order, and the means of employment for both the mind and the hands. The tasks, which are not burthensome, are accomplished at intervals du- ring the day, the prisoner being left to choose his time ; so his work be accomplished, he has liberty to rest, to read, or write, to listen to the counsels of the chaplain, or the teach- ings of the schoolmaster, and to cultivate in its season, the small plat of ground, which the industrious have much pleas- ure in keeping in order, and in which an hour daily may be See dimensions of prison-cells, &c. page 44. 69 spent.* The cells being lighted at evening, afford an oppor- tunity for using the books furnished from the library, and those which belong to the cell ; or accomplishing some little work which the skill or fancy of the inmate may devise. The prisoner is not therefore solitary, nor quite alone for any long time ; he is separate, but it is from fellow-convicts, and shut in from the curious gaze of thoughtless visitors. He is not solitary ; for he sees daily, three times, the officer who furnishes his meals ; he sees the officer who supplies the working materials, teaches him to work, and receives the work when done ; and he has the means of communicating at any moment with the officer of the corridor ; he sees the war- den, the chaplain, the schoolmaster, and the physician and the apothecary if not well, any day or hour that he wishes, and * Perhaps the following letter from a convict in the Eastern Penitentiary to his for- mer employer in the country, may be read with interest. It represents the condition of most of the prisoners, and is a literal copy :— " Eastern Penitentiary, July 6, 1844. Dear Sir,—I take this oppor'ty of writing to you these few line, to inform you that I am well; 1 was convicted on the 23d of Nov. and was sentenced two years to the Pen- itentiary, and was brought here on the 27th of the same month, and was confined in a cell, where my employment was picking wool; it was very lonely work at first I assure you, tho' 1 was well treated by my keeper. I was just about one month in, when I was moved to another block, under a very fine keeper which treats me with humanity and kindness ; and put to sticking a piece of leather,—and then in a few days to making pegs and then to fitting uppers for the shoes, and then my keeper gave me two lasts, and showed me all about making a whole shoe, and by paying great attention how he did it, I went on with the other one, as far as he had finished his, and so on till the shoes were finished, and can now make a middling good shoe, I made 32 pair of large shoes last month, and lay idle part of two days, the cell where I am confined is 16 feet long and about 11 broad, and 12 high. 1 get plenty to eat, three meals a day, such as bread and meat and potatoes, and mush and coffee and molasses—and soup.—As for the dirty bunch of straw they told me before I came here I should have for a bed, I have a good bed, it is a box-bedsted two feet high, and a bed tick filled with clean straw and a clean sheet every Sat. and blankets enough to keep me warm the cold winter nights, my keeper told me we had a dreadful cold winter, but my cell was warm and comfort- able heated with pipes, my yard is about as large as my cell and I get out al out one hour a day I have right fine corn and beans and cucumbers and various sorts of flowers growing in it. There is two doors where I get in to my yard, the outside one is small and of thick plank—the inside one is made of iron bars about two inches apart and through the day the outside one is left open—and I can see in my yard and the air draws through right fine. I have got a hidrant in my cell where I can get plenty of water to drink and clean up with. I heard before I was sent here that the cells was very dark, but it is not such a thing,—there is a large window in the top, lighter than the room I was shut up in in Lancaster prison.—T have got a Bible and various sorts of books, and tracts and an almanac and a hymn book which I got from different men that go about visiting the prisons and the minister—and I believe that 1 have stated to you what is my condition here and by reading which you can see thataprisoneris not so ill treated as folks tell for though liberty exceeds silver and gold and now I wish you to send an answer as soon as possible—I send you all my best respects. Direct to the care of George Thompson, Esq. who is the Warden of the Penitentiary. I see the sheriff of our county and said how I was to all concerned—I want to know if James and Thomas are doing well now." 70 some of these by regular diurnal visits. He may see the min- ister or priest of his choice, when he desires ; the committee from the Prison Society, weekly ; the inspectors, twice a week. Of course every prisoner is not seen at each visit; but those who request it are; and others, for whom there is time. The sheriffs see all prisoners from their respective counties when they convey new convicts ; and if asked, they, with the permission of the warden, take letters at reasonable intervals, after the first six months. Official visitors are the judges of the courts, the governor and cabinet, members of both branches of the legislature, the grand jury by courtesy, and occasional visitors by special permission, who have defi- nite objects in acquiring a knowledge of the construction of the prison and its discipline. The severity of separate confinement to convicts, I have ob- served, falls chiefly on the most wicked and incorrigible offen- ders. These, long inured to vagrancy and idleness, living abroad at hazard in conditions of exposure and vicious asso- ciation, or in poor-houses and jails, choosing the-most cor- rupting companionship, dread solitude as the one great evil. So long as they have associates in prison, they care little for imprisonment. Community of circumstances reconciles them to their condition, or, if not reconciled, they yield to inevitable restraints with stolid indifference, and make themselves cal- lous to reforming influences. On the contrary, those convicts who have been betrayed into crime by sudden outbreaks of passion, by alluring temptations unexpectedly assailing them, or by the mind-clouding influences of intemperance ; those find alleviation of their feelings of remorse and sense of degra- dation, in the separate cell, where, divided from the hardened and willingly-abandoned offender, they may be sheltered from observation, and, while fulfilling the duties imposed by the rules of the prison, they may also, without disturbance, apply to the serious work of reformation and improvement. It is this class who are benefited by the discipline of imprisonment, and who, at the period of release, go forth really strengthened to resist the allurements and temptations, which have already proved so fatal to their reputation and their peace. 71 Mr. Combe, in his Notes on America, remarks of the East- ern Penitentiary,' that the system of entire solitude, even when combined with labor, and the use of books,* with an occasion- * The following are two of several letters from prisoners confined under the separate system, in the Western penitentiary, and were sent after I had spent six days in exam- ining the prison and conversing with the convicts :— " I have been confined in prison nearly two years ; my sentence is for ten years, for coining Spanish quarter dollars. Before I came, and at the time I came I was sick and debilitated ; but my health has improved. I have not once been out of my cell ;t it is well warmed and ventilated. As to the effect on the mind, I can truly say that soli- tude has necessarily led me to reflection, particularly on the dissipated habits of my previous life. Reflection, and the aid of books on the subject of total abstinence from intoxicating liquors, has convinced me that I have been a drunkard for the 25 years pre- vious to my coming here. After I had been here some time I lost the desire for stimu- lents, or, as you called it, I came to ' my right mind,' and I now see that most of my life has been a scene of excitement and confusion through the constant and daily use of fer- mented and distilled liquors, until in this prison I awoke from my dream. My labor is making heddles for the weavers. It is not so laborious but that I have time for study. Besides the Holy Scriptures and Book of Common Prayer, which I resort to morning and evening daily, 1 have several works on moral and scientific subjects, which are ex- changed monthly for others ; a sum in arithmetic or a problem in Euclid, will afford me amusement for hours. I feel satisfied that the solitary system is best adapted to awak- en the mind to reflection, and effect a cure of that moral disease called crime. Very respectfully, madam, W. B." Observing in one of the cells the following rules for self-government, and learning from the prisoner that he had written and placed them there, I asked him to furnish me a copy, which he did ; this, as well as the letter, are literally as follows :— "Rules wrote by an inmate of the Western Penitentiary Alleghany, for his own pri- vate use :— Rule 1. I will not willfully violate any known rule of this Institution, but will treat all its Officers, and Chaplain with due respect. 2. I will pay strict attention to the imployment in which I am, or may be engaged. 3. I will devote my leisure hours to study, for the purpose of cultivating a correct moral principle, and improving my mind. 4. I will not harbour the spirit of revenge against my persecutors, "for he who re- venges a wrong, puts himself on a par with his enemy, but he who magnanimously overlooks a ingury, is far above him." 5. I will endeavor to ever keep the final account in view. C. R...... I find that a strict observance of the above rules has greatly contributed to my happi- ness ; and indeed the happiness of an inmate of this Institution depends almost entirely on his conduct, and disposition : It is for him to say whether he will be happy, or miserable. When I first entered the Institution It was some considerable time before I could regulate or bring my mind to a balance, but at length I considered that though I was indeed mutch degraded, yet their was no necessity of making myself more so, and if ever I intended to retrace my steps, that moment was the time to begin. As I was away from temptation, and from the evil influence of bad company. Con- sidering also that "Man is a bundle of habbits." This thought occurd to my mind. Who knows, but that I may so contract, and consolodate good habbits while I am here that they mav remain with me through life. At any rate I am resolved to try. Conse- quently I applied my mind to study, and to the cultivation of those finer feelings which should occupy the breast of every inteligent being, endeavoring as mutch as possible to cast behind me former associations which were vicious in their nature, and to press forward to better things which were before. And at the same time trying as mutch as possible to cultivate kind, and forgiving feelings towards those whom I thought had injured me. And I find that the above course has greatly contributed to my peace, and happiness. I would also observe, that my progress has been accelerated at every step by tne kind, and humane treatment which I have received from the offieers of the Insti- tution, whom I shall ever remember with grattitude. C. R......" t The cells in the Western penitentiary are constructed without the exercise yards, which are attached to the last-built blocks in the Eastern. 72 al visit from a religious instructor, leaves the moral faculties in a passive state,' &c. I cannot assent to this proposition; the prisoner does not, it is true, encounter in his cell all the temptations which assail him in the world at large, but his moral faculties are not inactive ; and, I think, so far as I have observed, that they are decidedly strengthened. Good-temper and good dispositions towards the officers are exercised, and good resolves made and acted upon in many, if not in most cases. The prisoner may depart from all these when at liber- ty, but so do a vast number who have not been the inmates of prisons. Mr. Combe also remarks, that ' convicts here, after long confinement in solitude, shudder to encounter the tur- moil of the world, they become excited as the day of liberation approaches, and feel bewildered when set at liberty. In short, this system is not founded on, nor in harmony with, a knowl- edge of the physiology of the brain, although it appeared to be well administered.' It is true that the day of liberation is to the prisoner one of excitement; but Mr. Combe would not confine this assertion to the prison and system referred to, if he had seen much of prisoners at the times they are dischar- ged from all prisons. I have noticed but small differences, al- lowing for differences of temperament, in some hundreds of prisoners released from penitentiaries and houses of correction, and my opportunities of observation have been large. It has been said that Mr. Roscoe was an opponent of this sys- tem. I have read letters of Mr. Roscoe, to correspondents in America, and have discovered in them only the sentiments of a humane and excellent mind, not acquainted at all with the practical administration of the system which he condemned, and condemned only because he had not witnessed its results. Had this good man lived to visit the Pentonville prison, in his own country, he would have been one of the most earnest ad- vocates of the system. When Mr. Roscoe wrote on this sub- ject, the Eastern Penitentiary was not even built, nor the pres- ent system precisely determined. Mr. Dickens' opinions attracted some notice for a time. His pages are certainly written with effect, but belong to the fancy sketches which have so much interested the readers of his at- 73 tractive works. A visitor to the Eastern Penitentiary might come often, and remain long, without realizing as represent- ing facts, the following passage: ' The dull repose and quiet that prevails, is awful. Occasionally there is a drowsy sound from some lone weaver's shuttle, or shoemaker's last, but it is stifled by the thick walls, and heavy dungeon doors, and only seems to make the general stillness more profound.' I certainly never witnessed confusion in this prison,during the fifteen consecutive days I spent in studying its discipline, and in examining the cells, neither during many subsequent visits; but the sounds inevitably produced by the many looms, and other mechanical labors of the inmates, certainly left me little to remember of 'dull repose,' and ' awful quiet.' And so of the descriptive sketches which follow. I am not so earnest an advocate of the ' separate system,' as to desire its adoption in all states and countries, and under all and any circumstances, where prisons are needed. I do not conceive that prisons, so disciplined, would be desirable in Egypt and Turkey, neither in Spain nor in Spanish America. I have given, when it was asked, within the past year, my opinion against the adoption of this system in the West In- dies. But in any and all countries, where similar influences, and an equally efficient and beneficent administration can be brought to bear, as in the Eastern Penitentiary, and in the Pentonville prison in England, I should for the sake of hu- manity, and a just care which society owes to the unfor- tunate offender, desire to see this system widely studied, understood, and adopted. The separate system reveals, in all the parts of its administration, a more direct applica- tion and exercise of Christian rule and precepts, than any other mode of prison-government. It brings the officer into communication with the prisoner, not as the commander, and not as the guard, watchful and wary, noting of necessity each movement and act; but as the kind governor and attendant, seldom called on to exercise other than beneficent influences, performing his duties with cheerfulness and good-will. The inevitable frequency and severity of punishments in other 10 74 prisons, where the convicts work in gangs, is avoided here. The best faculties, feelings, and perceptions of the prisoner are called out and exercised, while the evil are for the most part left dormant. The governor of a prison, on the silent system, though of equally good judgment, and humane sensi- bilities, and equally disposed to all that is really kind, can- not govern his prison, and maintain as mild discipline, and nourish as good dispositions in his prisoners, as can the governor of a prison on the separate system. Without entering upon argument and details, I think this must be apparent to all persons conversant with these subjects. So far as I have heard or read, the objections advanced against the separate system are not profound nor real; they are either unessential, or they exist only in the imagination, and are not to be found when the prisons are inspected. I think this a far too serious ques- tion, and too nearly affecting the condition of many human beings, to permit myself to study the subject with haste, or as I believe governed by any motives save those which seek the best good of a class, so numerous in our country. I have sought for the truth earnestly. I think I cannot have been deceived or mistaken in the facts, on which I rest favorable conclusions. It is often objected to the separate system, that communi- cation between the prisoners is not entirely prevented.— I do not. think that communication from cell to cell is always cut off; but it can never (except by infidelity of the officers of the corridors) be carried on in any way likely to produce much evil ; and all know that in prisons on the Auburn plan, the most complete mutual knowledge is possessed, and that to a great extent. Communication in fact, in most of these pris- ons, as at Charlestown, is almost as free as at a county jail. The prisoners are perfectly familiar with each other's history, and with many circumstances not occurring in the shops and yards. I do not think either that any closeness of discipline can prevent all communication, at least in the largest prisons. I know well this has never been effected, either at Auburn or Sing Sing. At Wethersfield, where the discipline is close, and the prisoners fewer, it may be done more successfully. 75 Under the silent system, writes M. Fregier:— " The prisoners succeed, by force of cunning and address, in com- municating with each other by whispers and by signs. They are so skilful in deceiving the watchfulness of their keepers, that the more perverse have been known to devise, with their comrades, plans of mischief, to be executed on their discharge. The incessent struggle1 between the convicts and those who exercise the repressive power, is such that it tends constantly to irritate those upon whom that power is continually operating, and to provoke them to all the mischiefs and dangers of revolt. This consideration, and the fact that the keepers must weary and flag in their watchfulness, has begot a general belief that this system, however for a time enforced, generally ends in a cer- tain degree of tolerance in the use of speech. M. Demetz, who accompanied M. Blouet, the architect, to the United States, to study the progress of the science of prisons, since the interesting publication of Beaumont and De Tocqueville, upon the condition and government of the penitentiaries of that country, in a report made by him to the Minister of the Interior, abounding in facts and useful documents, asks,—' Where are we to find men who can be charged with main- taining such a discipline, who will not in the event become rather cruel or negligent ?' In Great Britain, the silent system has been at- tempted without resort to the aid of corporal punishment. The ex- periment has signally failed, and recourse has been had to force to conquer the refractory. " At Cold Bath Fields, where the infliction of corporal punishment is not permitted without a previous examination and hearing of the case, the director, a man of remarkable capacity and intelligence, has not less than sixty reports to hear every morning; for the prisoners, as well as the keepers, are permitted to bring up their complaints. In 1836, notwithstanding all the efforts for the good government of this establishment, there were 5138 chastisements inflicted for swearing1 and talking. In 1838, the number of such infflictions had risen to 9750, in a number of convicts amounting to 13812. " In the house of correction at Wakefield, also on the silent sys- tem, the punishments during the same year, numbered 12,445 in a1 population of 3,438. Finally, in all the other prisons of England, in which the silent system prevails, they have counted 54,825 punish- ments in a total population of 109,405." " These results are so much the more remarkable, as they show that the classification of the prisoners, which forms a part of the regula- tions in the English prisons, has been insufficient, combined With the silent system, to prevent verbal communications. " Mess'rs Crawford and Russell, inspectors-general of the English prisons, in summing up in their Report, the objections raised to the law of silence, thus answer those who think that a hasty word thrown out by a convict, can be fraught with any evil. ' Admitting that one ivord is not as mischievous as ten, does it follow that the single word which 16 is heard, may not be one of a series uttered on different days, and alto- gether intended to form a communication of dangerous import ? Is it necessary to the communication of frequent meanings that many words be used ? May not a gesture contain a proposition, a project, a dis- course ? We have a thousand examples of prisoners under the most rigorous laws of silence, who, at the end of four weeks, knew the names and the minutest particulars of the imprisonment of their companions in the yard or shop." An Inspector of the French prisons, Moreau Christophe, says of the ' separate' system, as adopted in Philadelphia, ' it is the only system that fulfils all the conditions of a complete penal discipline. The Viscount Bretigneres says, ' Both the moral and material reform of our prisons is a social necessity, and cannot be effected but by a revision of the criminal law, and an entire adoption of the system in force in the Eastern penitentiary at Philadelphia.' Dr. Julius, so well known as earnestly devoted to the reform of prisons in Prussia, having given himself months carefully to visit and examine our pris- ons, writes as follows :— " I declare candidly that, upon an examination of my own conscience and the knowledge I have acquired of the different systems of pris- ons in Europe and America, none has appeared to me to present so much equity and justice in the infliction of punishment, or affords so many chances of reformation, as that of solitary confinement, combi- ned with the regular visits of the officers of the prison, such as the inspectors, governor, chaplain, and medical men. I say chances of reformation, because human efforts are necessarily limited. De Beaumont and De Tocqueville, the second commission- ers from France, also report in favour of the Eastern Peniten- tiary, as offering an example of humane and judicious admin- istration, worthy to be imitated. ' The Philadelphia system,' say they, ' is the very system, the discipline of which offers the least embarrassment. There are some persons who con- sider the order established in it to be complicated, organized with difficulty, and maintained with trouble. They are, in our opinion, greatly mistaken.' MM. Neilson and Mondelet, from Canada West, commission- ed by the provincial government to visit and report upon the Penitentiaries in the United States, express their preference, given in a broad statement of reasons, (too much in detail to 77 introduce here,) for the Pennsylvania system, above that which exhibits the working-gangs on the silent plan. The Auburn plan has however been adopted at Kingston, C. W. At the season of my journeys to examine the prisons in the British provinces, this prison was not completed, though occupied by a large body of convicts. Mr. Crawford, the commissioner from England, authorized to visit the prisons of the United States, thus refers to the Eas- tern penitentiary : " Upon a careful review of every part of the Eastern Penitentiary, after seeing the whole, and examining a considerable number of the individuals confined in it, I have no hesitation in declaring my convic- tion, that its discipline is a safe and efficacious mode of prison man- agement ; and that it has no unfavorable effect upon the mind or health, and, with the addition of moral and religious instruction, (introduced on the present more complete plan since Mr. Crawford's visit,) solitary imprisonment, thus enforced, may be rendered powerfully instrumen- tal not only in deterring, but also in reclaiming the offender." In Europe this system has been studied and discussed, and, in some countries adopted, either in whole or in part. With a vew of extending the general adoption of the sepa- rate system in France, the erection of a model prison at Ver- sailles was determined upon for convicted prisoners. That locality was chosen from its vicinity to Paris, thus opening to the government officers an opportunity of becoming acquainted with the working of the system. Since that period several prisons have been established on the principle of separation, chiefly for untried offenders. M. Delessert reports of the prison in Paris for juvenile de- linquents on the separate system, as follows :—' The prison contains 550 cells, 436 being for convict occupancy. This system prevents the reciprocal inoculation of vicious propensi- ties, allows the exercise of individual action on each prisoner, and affords opportunities of exhortation, instruction, and la- bor, without the external obstacles which other systems pre- sent.' M. Delessert speaks of the sanitary influences of the separate system upon the health of the convicts; only five or six per cent, being on the sick list, where formerly, on the social system, there were ten or eleven per cent, on an aver- 78 age. 'The juvenile criminals are employed as jewellers, buckle-makers, gilders, joiners, turners, brass-chain makers, locksmiths, metallic button makers, and stocking weavers.' ' As to the expense, it is shown that the separate system, with all its advantages, here costs but about £1 16s. per an- num for each prisoner, more than the social system. The superior benefits more than compensate for difference in the cost.' The question of expense I do not think it worth while to discuss. It having been shown, both in England and in Pennsylvania, that it need not much exceed that of the op- posite plan. The prison buildings alone, at Auburn, cost New-York six hundred thousand dollars. The following Ordonnance of Louis Philippe, and short ex- tracts from the 'Expose des Motifs,' submitted to the Chamber of Peers by M. Duchatel, Minister of the Interior, for the in- troduction of the separate system into France, may be read with interest:— Chamber of Peers. Session of June 10, 1844. * We now submit to your deliberations the proposed law concerning Prison Discipitne, already adopted by the Chamber of Deputies. This question, for half a century, has occupied the most enlightened governments of Europe and America. Numerous experiments have been made in the United States, in Switzerland, England, and Germany. The reform of our prisons is one of the objects which most require the care of the government ; the expression of public opinion make it a duty for us to give to this problem, our most serious attention. Rem- edies in fact are wanting for the vices of the present discipline, by a new discipline which may better agree with the spirit of the laws, the " Chambre des Pairs. Stance du 10 Juin, 1844. * " Nous venons soumettre a vos deliberations le projiet de loi sur le regime des prisons, deja adopte par la Chambre des Deputes. " Cette question, depuis un demi-siecle, occupe les Gouvernements les plus eclaires de l'Europe et de l'Amerique. De nombreuses ex- periences ont ete accomplies aux Etats-Unis, en Suisse, en Angle- terre, et en Allemagne. La reforme de nos prisons est un des objets qui se recommandent le plus it la sollicitude de Gouvernement ; les a- vertissements de l'opinion nous faisaient un devoir de porter sur ce pro- bleme social notre attention la plus serieuse. II importe, en effet, de remedier aux vices du regime actuel par un regime nouveau, qui re- 79 state of society, and the necessities of public security. It is essential to the first interests of society that the principle of intimidation, which is the basis of all penal law, should not be weakened. To give force to this principle, at the same time preserving the prisoner from pernic- ious and corrupting intercourse, is the object of the proposed law. * * The discipline which we propose to establish in all the prisons as a general rule, with some exceptions which we shall point out hereafter, is that of solitary confinement. It is well known that all plans for reforming prisons belong to two principal systems ; one, called the Auburn system, admits solitude only during the night, with living together and labor in silence during the day ; the other, called the Philadelphia system, which has been in ope- ration for fourteen years in the prison in that city, is that of complete separation of the prisoners by night and day. We will explain briefly the motives which have determined our choice, previously observing, that in the proposed law, which we have the honor to present to you, we have made considerable modifications, to adapt it to practice, (ac- cording to the manners and national character,) that one of the two systems, to which we have given the preference. The system which requires solitude only during the night, with la- bor in common during the day, does not produce a complete reforma- ponde mieux a l'esprit de la loi, a l'etat des mceurs et aux begins de la securite publique. II importe aux premiers interets de la societe que le principe d'intimidation qui est la base de toute penalite ne soit pas affaibli. Rendre a ce principe sa force, tout en preservant les detenus d'une corruption funeste, telle est la pensee du projet de loi. * * * " Le regime que nous proposons d'etablir dans toutes les prisons, comme regie generate, sauf qnelques exceptions, que nous indiquerons plus tard, est celui de l'imprisonnement individuel. " On sait que tous les plans de reforme des prisons se rapportent a deux systemes principaux : l'un connu sous le nom de systeme d'Au- burn, n'admet l'isolement que pendant la nuit, avec la vie commune et le travail en silence pendant le jour ; l'autre, appele systeme de Phila- delphia en vigueurdepuis quartorze ans dans la prison de cette ville, est celui de la separation complete des detenus entre eux, soit pendant la nuit, soit pendant le jour. Nous exposerons brievement les motifs qui ont determine notre choix, en faisant observer tout d'abord que, dans le projet de loi que nous avons l'honneur de vous presenter, nous avons notablement modine, pour l'adapter a la pratique, d'apres l'etat de nos mceurs et le caractere national, celui des deux systemes auquel s'est arrete notre preference. " Le systeme qui n'admet l'isolement que pendant la nuit, avec le tra- vail en commun pendant le jour, n'opere pas une veritable reforme : il 80 tion ; it prevents perhaps the most violent disturbances, but there its ef- ficacy ceases. The rule of silence, upon which it rests, is impossible to be enforced, and the very considerable expenses which its adoption would involve, would not be compensated by sufficient advantages. The official reports in England and the United States show, that in the prisons where this system is in operation, complete inspection is al- most insurmountably difficult; silence is very imperfectly maintained, notwithstanding the frequent use of disciplinary punishments, which include the use of the whip, a punishment which is repugnant to our feelings. The great number and zeal of those employed, the energetic will of the directors cannot in fact prevent improper communication be- tween the prisoners, either in the hours of exercise, at table, or in the midst of the labors, which themselves so frequently facilitate the viola- tion of law, and furnish a thousand opportunities of eluding the vigi- lance of the keepers. ##*#### The system of solitude, night and day, is the only one, the advan- tages of which are real and satisfactory. In this system discipline and good order are sustained without difficulty. # • * # Objections of various kinds have been raised against solitary con- finement. We will confine ourselves to the principal. 1st. It is said to involve too great expense. 2d. It is accused of disordering the mental previent peut-etre les desordres les plus grossiers ; mais la s'arrete son efficacite. La regie du silence, sur laquelle il repose, est d'une obser- vation impossible, et les depenses considerables que son application en- trainerait ne seraient pas compensees par des avantages suffisants. " Les rapports officiels, en Angleterre et aux Etats-Unis, font con- naitre que, dans les prisons ou ce systeme est en vigueur, la surveill- ance est d'une difficulte a peu pres insurmountable ; le silence y est maintenu tres-imparfaitement, malgre le frequent emploi des punitions disciplinaires qui comprennent la peine du fouet, chatiment que repous- sent nos moeurs. Le grand nombre et le zele des employes, la volonte energique des directeurs, ne peuvent empecher, en effet, des communi- cations coupables entre les detenus, soit pendant les promenades, soit a table, soit enfin au milieu de ces travaux qui facilitent si frequemment eux-memes l'infraction de la regie, et qui fournissent mille occasions d'echapper a la vigilence des gardiens. =&#### " Le regime de la separation des detenus pendant la nuit et pend- ant le jour est le seul dont les avantages soient reels et suffisants. Dans ce systeme la discipline et le bon ordre sont maintenus sans effort. * * " On a eleve contre le regime de l'imprisonement individuel des ob- jections de diverse nature. Nous nous arreterons a deux principales : 1° on lui reproche d'entrainer des depenses trop considerables ; 2° on Paccuse de porter le trouble dans les facultes mentales, de detruire la 81 faculties, of impairing the health, and even of causing death. These objections are grave ; but it is easy to answer them. It is very true that a prison, constructed for the system of separation in cells by night and day, is more expensive to build than one appro- priated to the living in common ; but there ceases in reality the in- crease of expense ; for it is not correct to say that the number of atten- dants must be more considerable, or the labor necessarily less produc- tive. In England, the number of attendants has of necessity been constantly increased, in houses where the Auburn system is in ope- ration ; and as to the labor, the example of the Roquette in Pa- ris proves, that it can easily be arranged in the prisons conducted ac- cording to the solitary-confinement system. Besides, it must not be lost sight of, that the system of the proposed law should certainly not fail to diminish the number of crimes, and consequently that of crimi- nals ; and as we propose, in addition, to take into consideration in our calculations of the length of punishments, what is added in severity, it is evident that we thus succeed in a two-fold manner in reducing the population of the prison, which it is necessary to watch over and sup- port. The diminution of the annual and ordinary expenses, without speaking of the moral advantages, results then in diminishing the expenses which the first establishment involves. sante, de causer meme la mort. Ces objections sont graves, mais il est facile d'y r&pondre. " II est tres-vrai qu'une prison construite pour le systeme cellulaire de nuit et de jour, coute plus cher a batir qu'une prison appropriee a la vie commune ; mtis la se borne, en realite l'accroissement de la de- pense, car il n'est pas exact de dire que le nombre des employes doive y etre plus considerable, ni que le travail y soit necessairement moins productif. En Angleterre, on a ete oblige de multiplier de plus en plus les surveillants dans les maisons ou le systeme d'Auburn est en vigueur, et, quant au travail, l'exemple de la maison de la Roquette, a Paris, prouve qu'il peut-etre facilement organise dans les prisons sou- mises au regime de la separation complete des detenus. Au reste, il ne faut pas perdre de vue que le systeme du projet de loi doit avoir in- failliblement pour resultat de deminuer le nombre des debts et des crimes, et, par suite, celui des detenus : et comme nous nous proposons en outre, de tenir compte, dans le calcul de la duree des peines, de ce qui est ajoute en severite, il est evident qu'on arrive ainsi, par un dou- ble effet, a reduire la population de detenus qu'il s'agit de surveiller et d'entretenir. La diminution des depenses annuelles et ordinaires vient done, sans parler des avantages moraux, en attenuation des charges qu' entraine le premier etablissement. 11 82 As to the objection relative to the health and life of the prisoners, it is refuted by the facts which the experience of twenty years has collect- ed. It is now proved that the fears entertained upon this point were very much exaggerated, and not well founded. Imprisonment is doubt- less, in some degreee, always injurious to the health and to longevity, as well as to tranquillity of mind ; but this is true of all systems ; it is an inevitable result and effect of punishment; it is one of its condi- tions ; and it is sufficient to assure the Legislator, that solitary confine- ment has, in this connection, no more fatal consequences than the other system. No conclusion should be drawn from particular cases, which form the exception to the general rule. # # # # " Quant a l'objection relative a la sante et a la vie des detenus, elle est combattue par les faits nombreux qu'une experience de vingt annees a permis de recueillir. II est aujourd'hui demontre que les craintes qu'on avait pu concevoir a cet egard etaient tres-exagerees et ne re- posaient pas sur des bases solides. L'etat d'emprisonnement est sans doute, dans une certaine mesure, toujours nuisible a la sante, a la lon- gevity, comme a la tranquillite d'esprit; mais cela est vrai dans tous les systemes : c'est un effet et une suite inevitables de la peine, c'est une de ses conditions ; et il suffit, pour rassurer le legislateur, que l'empris- onnement individuel n'ait pas, sous ce rapport, des consequences plus facheuses qu'un autre regime. On ne saurait rien conclure de quel- ques cas tout a fait exceptionnels." # # # ^= # The superior advantages of the separate system have been strongly maintained in Belgium by M. Ducpetiaux, the In- spector-general of prisons. The Belgian government has ordered the introduction of the ' separate system' in the celebrated Maison de Force at Ghent, where the Auburn system originated, and has long been practised. A new wing for 300 prisoners, has been erected for trial of this system. In Prussia, in consequence of the investigations and reports made by Dr. Julius, the king has ordered the construction of four prisons on the separate system, namely, at Berlin, Konigs- burg, Munster in Westphalia, and Ratisbon ; these adopt the model of the excellent prison at Pentonville. In 1835, under the orders of count Skarbeck, a separate prison was construct- ed at Warsaw, to receive nearly 500 prisoners. The diet of 1839 and 1841, in Hungary, having resolved to introduce a uniform system, the commissioners decided in 83 favor of the separate system, and submitted a plan for ten pen- itentiaries for as many districts, into which they propose that the whole country should be divided. The council sitting at Pesth drew up a penal code, providing that all corporal and capital punishments should be abolished, and that publicity should be adopted in all criminal proceedings. In Denmark the government commission have declared in favor of the separate system. In Sweden the Crown-prince is one of the most zealous advocates of the separate system, and its disci- pline is to be introduced at Stockholm, Fahlan, Gefle, Carlis- tad, Manstad, Linkoping, and Christianstad. In Norway the Storthing has voted £40,000 for the erection of a prison on the separate system, capable of receiving 238 criminals, in the vicinity of Christiania. The board of directors of prisons in Scotland, being desirous of providing for each county, accommodation for its criminal prisons on the separate system, have adopted measures for the accomplishment of this object. The legislative council in France have expressed the opin- ion, that the principle of separation by day and by night, ought to be extended to all prisons, for prisoners before trial. The department of the Seine has voted three millions of francs for the construction of 1200 separate apartments for all the untri- ed prisoners of Paris. June, of the present year, (1845) writes Dr. Julius from Hamburg, has been decided on for opening the men's prison at Cologne, to receive nearly 200 prisoners. This prison is founded strictly on the separate system. Other prisons on the same plan are advancing to completion. In Switzerland the silent system has been introduced, and variously modified at Lausanne, &c. Geneva has ordered a prison on the separate system. In Germany, the Pentonville- prison near London,has been adopted as the general model for the new prisons. At Frankfort on the Maine, the committee appointed to investigate the subject of reforms in prisons, u- nanimously decided in favor of the Pennsylvania system. At Hamburg, the old prison having been destroyed during the great fire, is to be replaced by one on the same plan as that 84 at Frankfort. In the Grand Duchy of Baden, where, some years ago, a prison was built at Burchal on the Auburn plan, it has been decided to build another on the separate system. This has been urgently recommended by Dr. Diez, the gov- ernor of the Burchal prison, who, from his official experience, has had ample opportunity of becoming acquainted with the si- lent system. Already, in France, more than thirty prisons are in progress of construction, or completed, on the Pennsylvania plan. These are chiefly to be occupied by prisoners before trial. In 1843, a division of the military prison at Alost in Belgium was built on the separate plan. In Prussia, a fifth prison on this plan was finished in 1844, and three are already occupied in Poland. In Baden, the female penitentiary on the Auburn plan, according to Dr. Julius, did not answer ex- pectations. M. Villemain has been commissioned to proceed from the Pays de Vaud to Germany and France, to inspect the new prisons on the separate system. Jurists and physicians in Italy, the Lombard-Venetian states, and adjacent territories, have instituted diligent inqui- ries into the condition of the metropolitan and provincial pris- sons, and commissioners have been named to prosecute inqui- ries throughout France, England, and the United States, res- pecting the condition of prisons, and the practical working of the modern reformed systems. The Marquis Torrigani, having visited and carefully examined the prisons in the Uni- ted States, zealously advocates the Pennsylvania system in Tuscany. On this subject, light is breaking on the civilized nations of Europe. And, while we acknowledge the age in which we live to be charged with a terrible amount of vice and crime, we see with rejoicing, that it is also marked by great virtues and vast objects, reaching to the real good of all mankind. Noble minds, in all enlightened countries, with zeal and discrimination, are devoting talents and influence to check the progress of crime, and restore offenders, through moral culture and religious influence, to duty and a better life. In Sardinia, attention has been directed to the same sub- jects, and some new prisons established at Turin and Alexan- 85 dria, in order to test the silent system upon juvenile offenders in the former city, and adult criminals in the latter. The inspector general of prisons in Ireland reports, that, in the female penitentiary at Dublin, the women are separated during most of the day while at work; and, as soon as a suffi- cient number of well-ventilated cells shall be constructed, they will carry out the system more completely. The matron re- ports the number of recommittals greatly decreased. The ac- counts from Sligo are similar, and the prison on the South Cir- cular Road, near Dublin, for male prisoners, has partially adopted the separate system. In Belfast, the model of the Pentonville prison has been adopted in a prison designed to receive 300 prisoners, and of course is strictly on the separ- ate system. It is to be the model prison for Ireland. I do not learn what amount of moral instruction is associated with other reformatory measures; but infer, that there, as well as elsewhere, it still is too little regarded as one of the chief means of producing good under the circumstances of personal restraint. Mr. Hill, in the third report of the inspectors of prisons in Scotland, remarks, that except in case of excess in the number of prisoners above present accommodations for them, there are in Glasgow, Aberdeen, Paisley, Ayr, Dundee, Mon- trose, and Lerwick, prisons where the separate system is fully carried out; and in Edinburgh, Lanark, Hamilton, Greenock, Perth, and Rothesay, separation is partially adopted. At Perth is one prison, since March, 1842, in which the separate system is strictly conducted. The physician remarks in one of the reports, that " the benefits of this system are every day becoming more apparent; and the prisoners themselves say, ' We have no quarrels; our cell is our own; we have no swear- ing ; and are no longer liable to be punished for the faults committed by others.' The fact of their having no compan- ions to converse with ; no one to harden the heart by deriding the appearance of contrition, renders the prisoners more sub- missive, more willing profitably to occupy their minds ; and, at the same time, disposes them to look forward with impa- tience for the visits of their officers, and to hear them on such 86 occasions with greater respect, and, in not a few instances I might safely say, with more affection, than would probably happen under different arrangements." Alterations are pro- ceeding in various prisons in Scotland, in view of promoting moral discipline. The prison at Pentonville, two and a half miles from Lon- don, is conducted on the Pennsylvania system, and with all recent improvements in the details of architectural arrange- ments. This prison is excellently governed. The ignorant are taught to read and write. Prayers are offered, daily. Sunday is occupied in preaching, religious instruction, and reading.* The chaplain has the aid of a chief teacher, and three assistants, in conducting the classes which receive daily instruction in the various branches of common school education. Pentonville is a prison ' of instruction and probation,' prepara- tory to tranportation to Van Dieman's Land. The limit of imprisonment is therefore in this prison eighteen months. The heating and ventilation I understand to be better than that of any prison hitherto constructed. In Reading, county of Berkshire, a prison is now completed and occupied, having 300 cells constructed for separate con- finement at labor. At Bristol the old prison has been remod- elled, and fitted to the separate labor system. At Bedford a new prison is erected; it contains 500 cells on the Pennsylva- nia plan, with such detailed improvements as have been added at Pentonville.f * I have, while writing the ahove, received, through the ready attention of a friend, the Third Report of the Pentonville prison, and make the following extracts. " The mental condition of the entire body of the prisoners has been highly satisfactory. (Daily average 456.) During the past year, and up to the present time, no case of in- sanity, hallucination, or mental disease of any kind, has occurred among the prisoners. This is more remarkable and satisfactory, inasmuch as it has been ascertained, subse- quently to their admission, that there existed an hereditary predisposition to insanity in the case of twenty-three of the prisoners, received into this prison." The Medical Officer writes, " There is a general improvement in manner and ad- dress, indicative of intellectual advancement, very strikingly shown among the prisoners who have been the longest in confinement; and an increased alacrity, and desire to ex- cel in work, is, in most cases, the early result of this system of confinement." t The information given above, respecting foreign prisons, I have received chiefly through the courteous attention of correspondents in Europe. 87 HOUSES OF REFUGE FOR JUVENILE OFFENDERS. Houses of Refuge are established, for Suffolk county, Mass. at South Boston ; for New-York city and state, in the city of New-York ; and for Philadelphia city, and the state, at Phil- adelphia. The House of Reformation for juvenile offenders, at South Boston, was formerly an independent institution ; but. about four years since, was made a branch of the House of Industry; the management being committed to the same governing offi- cers. The following extract from the report of the directors, for April, 1845, may serve to show the general discipline, &c. " It is nearly four years since the House of Reformation for Juve- nile Offenders was made, in some respects, a part of the House of In- dustry, and its management committed to the same officers. This de- partment occupies the west wing of the House of Reformation build- ing, where the accommodations are ample for 15 or 80 boys. The average number the year past, has only been about 50. A consider- able number of these, it is expected, may soon be apprenticed under favorable circumstances. " The children in the House of Reformation are kept under a con- stant, but mild discipline. They are well fed and clothed. Four hours in each day they are in school, giving attention to the common and useful branches of education. Such as have the physical strength are required to labor six hours daily. Employment and constant su- pervision are much relied on as means of effecting a moral reforma- tion in character. Sufficient time is allowed for ablutions, devotional exercises, meals, recreations, and sleep. Many of the boys have a taste for useful reading, and highly value their privilege of access to a good library. " In reference to this department, the inspectors of prisons, in their last semi-annual Report, Dec. 1844, remark, ' this House continues to be a scene of order, decorum, neatness, active industry, cheerful obe- dience, religious observances ; successful instruction in the branches of education, taught in the common schools of the Commonwealth; some cultivation of the art of vocal music, and due recreation. This Institution has a most salutary influence in withdrawing children from the haunts of vice and crime, and reclaiming them, and putting them in the way of becoming respectable men, and useful citizens ; and it is matter of regret that many more of the children who are permitted to spend their time in the streets in idleness, in learning and practising mischief, vices, and petty offences, are not brought within its benefi- cent discipline, instead of being left to qualify themselves, by degrees, for the House of Correction.' " It may not be generally known, especially by parents who neglect 88 the salutary control of their children, that the Municipal and Police Courts have not only the power to commit to the House of Reforma- tion, children and youth convicted of serious offences, but also ' any child or children that live an idle and dissolute life,' their parents being dead, ' or, if living, do from vice, or any other cause, neglect to provide suitable employment for, or exercise salutary control over such child or children: A greater regard to this law, without crowding the House of Reformation, might induce parents to a better care of their offspring, and save many from moral degradation." The causes of commitment are as follows : ' Larceny, stubbornness, idleness, common drunkenness, vagrancy, pil- fering, and passing counterfeit money. These are chiefly em- ployed on contracts for shoe-making.' The east wing of the commodious building, originally con- structed for the House of Reformation solely, is occupied by the boys of the Boylston school, about one hundred in num- ber, between the ages of six and thirteen. These boys, as well as those of the west wing, appear to me to be cheerful and in health. Their deportment is orderly, and their advantages in most respects good for their condition. The directors report, that " In this interesting department, under faithful instruction and care, are boys of humble origin but promising capacity, who are making com- mendable progress in common school studies. If placed at proper age in suitable families and employment, their future prospects of respecta- bility and usefulness are perhaps as fair as that of any other school, or class of lads." The Farm School.—The following extracts from the report of the Farm School will show that some measures are wisely adopted here for the prevention of crime :— " Boston, March 6, 1845. " It is just ten years since the Legislature granted an act of incorpo- ration under the name of ' The Boston Asylum and Farm School for Indigent Boys.' Previous to that period there had been two corpora- tions, whose plans had been somewhat different, yet whose objects were substantially the same. The ' Boston Asylum' had been incorporated as early as 1814. Its general purpose was to relieve, instruct, and em- ploy indigent boys belonging to the town of Boston, and the claims of orphans were to be particularly regarded. The plan of the ' Farm School' was proposod in 1832, and the Society was incorporated the year following. The object of this society was ' the education and re- formation of boys, who, from loss of parents or other causes, were ex- posed to extraordinary temptations, and in danger of becoming vicious 89 and dangerous or useless members of society.' In the summer of 1833, the Farm School was commenced on Thompson's Island. In 1834, it was thought by the friends of both institutions that more good would be accomplished by a union of the two schools, that a larger number of exposed children could enjoy the advantages of proper phys- ical and moral education at the school on Thompson's Island, than if the two institutions continued separate. The proposal to unite the two was fully agreed upon in May, 1834, and in March 1835 the Legisla- ture recognised the two institutions as one. There had been before this, in our city, public penitentiaries estab- lished by municipal authority, but this was strictly a private corpora- tion. To enter the former, (even the house of reformation for juvenile offenders) every child must be charged under oath in open court with some criminal act against the civil law, and for that act must be pub- licly tried, convicted and sentenced. The Farm School was intended for indigent and morally exposed children, who had committed no crime, and who might be rescued from impending evil by timely care. Its ob- ject was to take the young from the midst of temptation, to shield them in their tender years, to give them proper mental and moral culture, and thus, without any stigma being placed upon them, open for them a happy home, and return them to society, exemplary and useful citizens. " From the establishment of this institution to the present time, it has been a source of extensive good. The children of intemperate and profligate parents have been taken from evil influences, and surrounded by many advantages. The sons of widows, whose parents with their small earnings could not do for their children as they would, have here found guardians and friends ; and orphans, who have been left with- out protectors or competent advisers, have been received within the walls of a Christian asylum, where they have listened to good counsel, and acquired habits of order, industry, and usefulness. " Since the opening of the school in 1835, over four hundred boys have received the benefit of its instructions, and nearly all of them have now gone forth to take their part in the active duties of life. " There has been but one death during the three last years, and 37 have been apprenticed by the institution, and placed under the charge of their friends. During the summer the boys have had the opportu- nity of frequent sea-bathing ; and during the winter they have enjoyed warm baths. They are up at sunrise, and retire at eight o'clock. Their food is simple and good. Their rooms are properly warmed and well ventilated, and all the pupils have much exercise in the open air. They enjoy innocent sports in the winter, and each boy has a flower- garden, the cultivation of which through the summer, is considered an agreeable amusement. One favorable result of this is a remarkable degree of health. For more than three years there has been no occa- sion to call a physician upon the Island on account of sickness. Any one visiting the institution would be impressed by the general appear- ance of vigor, the elasticity of frame, and the cheerfulness of counten- ance, which characterize the whole school. 12 90 " The boys are partly occupied upon the farm, and partly in the school, and also render assistance in the various domestic arrangements of the family. Many of them have become well versed in the practi- cal skill of farming. During the summer the boys who are of suffic- ient age, work one week upon the farm, and pass the succeeding week in school. No exercise can be more healthy, and no labor can tend more than this to promote industrious habits, or to give to each individ- ual an occupation which may make him useful through life. " In connection with the school and the farm, we may say, that the moral and spiritual condition of the pupils has neither been forgotten nor neglected. It has always been considered an imperative duty to do all that could be done for the religious instruction of all connected with the Institution. The children are regularly assembled for morning and evening prayers, and no opportunity is lost of appealing to their higher and better nature. By example and by precept, it is hoped and expec- ted, that a good influence will be exerted over all. We are aware that going through the stated forms of worship will not of itself infuse spi- ritual life, nor establish sound principles. Still, if forms are connected with devout feeling in those who take in them a more prominent part, they may be the instruments of great good. And, if in addition to the mere form, there is a general spirit of excellence thrown over every duty, like an atmosphere, and flowing through every pleasure and priv- ilege, as the very soul of its being, then we may hope that the young mind will through these be won to truth and virtue. Thus, in the singing of hymns, and in asking a blessing, and returning thanks, at each meal, there is an appropriateness and a power, which can hardly help exerting a salutary influence upon the youthful character ; an in- fluence which will not be effaced in the days of its manhood. Upon each Sabbath there are religious services, which are adapted to the wants and condition of the pupils, and which they consider it a privi- lege to attend. On twenty-three Sundays of the past year, gentlemen from the city have addressed the children. There are now seventy boys under our care. " There are many institutions in our commonwealth established for the pxinishment of crime, but this is for the far nobler purpose of pre- venting it." The House of Refuge, in the city of New-York, appeared to me in all respects, one of the best regulated institutions of the kind I have seen. It admits of some changes for the better, as a more thorough moral teaching of the inmates ; but, as it is, is of great usefulness ; it is a blessing to society, and to its inmates. The total of its inmates, the 1st of January, was 321. The boys were employed at making chair frames, and seating them with cane; in manufacturing paper cases, razor- strops, and pocket-books; in making shoes, and mending 91 them ; and some household services. The girls are employed in washing, making, and mending, and in all the departments of housewifery, as practised here. The health of the estab- lishment is remarkably good, notwithstanding the defective ventilation of the buildings. Remarkable cleanliness is pre- served throughout the institution. Frequent bathing helps to maintain both mind and body in good condition. This uni- versal truth, it is to be hoped, will become universal practice. As the periods of sentence expire, the boys are apprenticed to farmers chiefly; but a few to sea service, and others to trades. The girls are chiefly apprenticed to household labor. Large numbers do well, and I have thought that most of those re- turned to the institution, if they had been more fortunately established with persons competent to train them, would have done well. The Farms, or the Farm-school, on Long-Is'and, for the children removed from the city alms-house, New York, were purchased and occupied some years since ; and, though there are many defects apparent in the organization and adminis- tration of these departments for indigent boys and girls, there has been much benefit from their establishment ; and es- pecially when we recollect from what conditions of wretched- ness these poor children have been rescued, we are better able to appreciate the advantages they possess, and are less dispo- posed to censure or complain of defects and omissions. The establishments are to be removed from Long Island, if indeed the change is not already effected, to a more commodious situ- ation, on a pleasant island in the harbor. I have been inform- ed some improvements are to be made in the modes of disci- pline and instruction. i The House .of Refuge in Philadelphia has been established since the 1st of December, 1828, and has received more than eighteen hundred inmates. The average age of those ad- mitted in 1844 was, boys 14| years, girls 14 years. The la- dies, twelve in number, who compose the visiting committee, are some of thein at the institution weekly, and report favorably of ' the order, neatness, economy, and good management, 92 which pervade every part of it.' General good health pre- vails. The following extract from the report of the Managers, presented to the legislature, January, 1845, will show the ob- jects of the institution, and its discipline :— " The great object of the Institution being the reformation of the young, who have left the paths of virtue, it is the earnest endeavor of the Managers, to impress upon the minds of the inmates, the obli- gation and the benefit of their ' living godly, righteously, and sober- ly,' and to convince them that Religion's ' ways are ways of pleasant- ness, and all her paths are peace.' '" At the commencement and close of each day, the family join in prayer and thanksgiving to the Almighty; and they attend the services of the chapel twice on the first day of the week. The Board acknowl- edge the kindness of ministers of different religious denominations, in giving their useful attendance at the House. The Sunday school for the boys is conducted by several of the Managers, assisted by some of their friends, and is in good order. That for the girls continues under the care of the same excellent lady, who has for several years, zeal- ously and sucessfully superintended it. A number of books has been added to the Library, and the addition of new books is necessary to keep up the interest of the readers, and to supply the loss of those which are worn out. " In the boys' school no change has been made ; the average time of tuition being about four hours a day. The Board have been en- abled to add one hour a day to the instruction given to the girls. This measure cannot fail to be attended with beneficial results. Ar- rangements have been made to introduce the manufacture of pocket- books and razor-strops at the commencement of this year. This, with book-binding, caning seats for chairs, and manufacturing furniture for umbrellas, will afford constant, useful, and suitable employment for the male pupils. The females, in addition to the school education they receive, are taught tailoring, mantuamaking, and the usual branches of housewifery. They also make and mend the clothing, and do the washing of the inmates. A new and convenient wash- house, with bathing rooms, has been erected for the girls. " The Managers would not be understood to hold out the expecta- tion that reformation can be accomplished in every case ; but they are enabled to succeed in a large majority of cases. " The Board would again urge upon parents and guardians, as well as upon magistrates, the importance of placing under the management of the Board those who have just entered on a career of vice, and of not waiting until evil habits, by long indulgence, have become, in a great degree, fixed. Many children might be saved, if their vicious propensities were checked as soon as they began to develope them- selves, who are not irretrievably ruined by the mistaken affection or culpable negligence of those who have the charge of them." 93 There is no House of Refuge for Juvenile Offenders in Ma- ryland ; but the Baltimore Manual Labor School, an institu- tion for indigent boys, is worthy of notice, and of the liberal patronage of the citizens. I refer to this establishment with great pleasure, as the nucleus, around which we may hope to see gathered many excellent influences. " In the month of December, 1840, the Directors having before ob- tained an act of Incorporation from the State, began to solicit sub- scriptions to enable them to carry out the benevolent object of the charter. A farm of about 140 acres was purchased, on which were a stone Dwelling and a large Barn with Meat and Spring House. It is about seven miles from the city. In March, the Farmer engaged by the Directors, took possession of the Farm; and on the 3d April, the first beneficiaries were received, the number of which had gradu- ally increased to fifteen by the succeeding 21st July. Mr. Judson J. Fogg was engaged as Teacher, and entered on his duties the 22d May. Although the farm-house is not more than sufficient to accommodate comfortably the Farmer with his family, he submitted to some consid- erable inconvenience, rather than reject applicants, some of which were peculiarly destitute. In the course of the summer a frame build- ing was erected, which is capable of accommodating thirty boys as lodgers in the upper story, whilst in the lower one, it affords a school and eating rooms, with a washing apartment. This building was completed about the middle of October, and in the course of the suc- ceeding six months the full complement which the present buildings can accommodate, with due regard to health and comfort, wTas made up. Of the thirty-four boys that now remain in the school, June, 1843, nine only could read in the simplest sentences at the time of their entrance, whilst the other twenty-five were ignorant of, or only knew the alphabet. Now, eighteen can read, write, and cypher, in a man- ner creditable to their teacher and themselves. Twelve can read well, are learning to write, and have been taught the four rules of mental arithmetic. The other four are beginning to read in simple sentences. Their unvaried health bears ample testimony to the sa- lubrity of the farm, and their general deportment proves that their morals have not been neglected. It is provided by the charter, that each scholar that is able to read, shall be furnished with a Bible, and encouraged to read it at all proper seasons. It is also read by the Teacher, or one of the scholars, to all collectively as part of their reg- ular morning and evening exercises ; and each boy, that is qualified, is required to read a chapter as the first of the morning duties, when assembled in the school room. " The establishment proposes to imbue the young mind with the love of God and the love of man, and thus enable him to discharge that part which insures respectability and usefulness here, and ' in the world to come eternal life.' " 94 When I was last in Baltimore, July, 1845, the operations of this school were temporarily suspended, on account of putting up new and commodious buildings. These, when completed, will afford means for more certain and extended usefulness. The by-laws of the institution, defining the duties of the su- perintendent, teacher, and master, are judicious, and secure good discipline. COUNTY JAILS, ETC. Neither my leisure nor the limits assigned for this pamphlet will permit me to enter as fully upon this subject as I had de- signed, and the consideration of the poor-house system and poor-houses I must defer altogether to a future time. The six county prisons, of several hundred which I have visited and revisited in the Northern and Middle States, and which most claim notice for their good discipline, are three on the silent system with labor, severally at South Boston, Mass.; at Hartford, and at New-Haven, in Connecticut ; and three established on the separate system, severally at Philadel- phia, Harrisburg, and West-Chester. There are many other prisons, in the Northern and Middle States, which are well ordered as mere detaining prisons, but to which the very for- midable exceptions must be made from indiscriminate associa- tion of all classes of offenders, and without employment either for the mind or the hands. These nurseries of vice claim early and efficient attention. Furnish them ever so well, keep them ever so clean, supply ever so sufficient, and well- prepared food, as at fifty or a hundred prisons I could indi- cate, but what do these avail if the habits of daily life are be- coming constantly more disastrous, and the soul is perishing for lack of the bread of life, and waters of salvation ! In a Memorial which was presented in my name to the Legislature of Pennsylvania. January, 1845, relating chiefly to the condition of the insane poor in alms-houses, and to convicts in the prisons committed in an insane condition, I have describ- ed the three county prisons, which are established on the sep- arate system, as follows:— 95 Dauphin County Jail, at Harrisburg, is undoubtedly one of the best conducted county prisons in the United States. Like the jail in Ches- ter county, it adopts the separate system with employment, and such instruction and advantages, as prisons constructed on this plan, secure to morals and habits. The provisions are excellent, and the food well prepared, and supplied in sufficient quantities. As a system, it is sub- ject in common with the Philadelphia and Chester county prisons, to an objection in retaining criminals whose offences render them subject to the State Penitentiaries, and to terms of imprisonment exceeding a year in duration. This mistake will, it is believed, be remedied both by justice, and a necessity which a little longer experience will make plain. The discipline and moral training of the Eastern and Western Penitentiaries, adapt them to effect the objects of prison detention for extended sentences more surely, than it is possible to secure in county prisons, where there are no teachers qualified and expressly appointed, to give appropriate instruction. Religious service is held in the Dauphin County Jail on every Sab- bath afternoon, by the clergy of Harrisburg, who have volunteered their services, and so fulfil the law of Christ, preaching repentance and the forgiveness of sins, ' unto the poor and the prison-bound.' This in- struction needs to be followed up by additional lessons. Many are pro- foundly ignorant upon the plainest principles of morals, so far as teach- ing and example have reached them. They need help in these things ; more aid than the inspectors or warden can have leisure to give ; and these official persons are both vigilant and interested to benefit and re- claim the prisoner. There is a well-chosen library. Repeated visits to this jail have satisfied me of the kind and just discipline which pre- vails. Punishment is infrequent, and, when imposed, is of no greater severity or duration, than is absolutely necessary for securing compli- ance with the mild and needful regulations of the institution. The dimensions of the cells are 8 feet by 15, and 10 high ; lighted at one end near the ceiling. Pure water is introduced through iron pipes, and the cells are maintained warm and dry by means of hot wa- ter thrown through small iron pipes in each cell. The bunks are fur- nished with a straw bed, replaced as often as necessary ; and a sufficient quantity of clean bed clothing. The apparel of the prisoners is com- fortable, and adapted to the season. I have found the prisoners in health and as good condition, physically, as the same number of persons follow- ing like employments and of steady habits abroad. There is no hospi- tafroom. On Jan. 1st, 1844, say the inspectors, in their report of the prison, there were twenty-three prisoners—fourteen of which were sen- tenced to labor ; four to imprisonment, (' who might have employment if they wished,') and five also, conditionally employed, were waiting trial. During the year 1844, there were received one hundred and sixty-five prisoners, and, during the same period, one hundred and sixty- nine have been discharged ; leaving in prison, January 1st, 1845, four- teen. Died, none. The health of the prisoners is excellent. The inspectors also remark, ' As to the efficacy of the system of sep- 96 arate confinement, combined with labor, being the most perfect yet de- vised for the punishment and reformation of offenders, our experience during the past year, fully confirms all that our remarks expressed in the last annual report—giving precedence to the ' Pennsylvania, or separate system.' The report concludes with a merited commendation of the warden, and other officers, for fidelity in the discharge of their duties. The fidelity extends to the inspectors, and it is as commen- dable as it is rare in county jails. Chester County Jail, at West-Chester, (Penn.) is built of stone, upon the plan of separate imprisonment. The cells are of good size, perfect- ly dean, and well aired. The provisions supplied, are of excellent quality. The allowance is three meals daily, and as much as satisfies the appetite. There has been but one death, by disease, in four years, and this was by consumption, developed before admission ; and one prisoner was pardoned in consumption, who was also sick when receiv- ed. One man, who was received in a state of intoxication, committed suicide. I copy, from the warden's report to the board of inspectors, the following facts: We had in prison on the 1st of May, 1843,.......................... 32 We received, during the year, white males,......................... 41 ,, ,, „ females,........................ 3 Colored males, ................................................ 25 ,, females,................................................ 4 Making in all, .............. In prison on the 1st of May, 1844, " The total number sentenced to labor, during four years, since re- moved from the old prison, is 79. Of these, 47 could read and write; 24 could not read nor write ; and 8 could read only. 33 of these pris- oners were intemperate ; 28 of them temperate, and 18 were moderate drinkers. I visited this prison in July, and saw all the prisoners, of which there were 29. 20 of these were convicts, and 9 were waiting trial. They were in excellent health, often replying to my inquiry in the words, ' I am right hearty.' They conversed cheerfully, were clean in their persons and apparel, and presented a remarkable contrast to the 68 prisons I have since visited, always excepting the Moyamensing prison, and that of Dauphin county. Some of the jails referred to were in Maryland, Virginia, Ohio, and Massachusetts. Two of the prisoners above named, though in apparent health, were insane ; the insanity of one was produced by irregular life and intem- perance. The case of the other I did not learn. They both were in comfortable rooms, and were carefully attended. The defects at pres- ent in this prison are deficiency of moral instruction, and the want of a sufficient supply of well-chosen books ; these should be furnished with- out delay. Those who cannot read should be taught ; and to this, wri- ting and arithmetic might without disadvantage be added. I saw a letter written by a prisoner, who had served out his time, and settled himself to an honest life. It was addressed to the warden, and shows 105 ~23 97 that he was sensible of the kind influences which had been extended to him in prison :— " Mr. Robert Irwin :—Sir :—I cannot but think, from the gentle- manly manner you treated me while I was with you, you would be glad to hear from me ; and I do assure you, I shall always feel the most sincere gratitude and affection for you, and the other officers connected with the hall. The kind and manly course, pursued by you and all in authority, is calculated to reform any one that has the least spark of honesty left in his heart. I have, by sad experience, found that any, but an honest and upright course, will lead to wretchedness and misery." The Philadelphia County Jail, at Philadelphia, situated in the dis- trict of Moyamensing, is a massive stone building, in the Gothic style of architecture. From the rear of the front edifice, the extensive halls run back at right angles ; these contain three tiers of cells on either side. The two upper tiers ere reached by means of railed corridors and galleries, extending the entire length of the blocks, which are ven- tilated and lighted from the roof. One block is appropriated to prison- ers before trial. The other receives convicts who are sentenced, and who are here furnished with employment, and subject to a wholesome, but not rigid discipline. These blocks are exclusively for the male prisoners. The women's prison, divided by a high wall and interve- ning garden, is a separate building and establishment, disconnected in all domestic arrangements from the men's prison. This department is especially well ordered, clean, comfortable, and well managed. The prisoners are supplied with suitable work—and with books ; and have the benefit of moral and religious teaching, (not at the expense of the city or county,) from the moral instructor, who visits the prison at large, and from an association of pious and devoted women, who spare no pains to reclaim the offenders, and restore the outcast. Their benevo- lent efforts are not confined to the prisoners during their terms of de- tention, but they endeavor to extend care and influence beyond the walls of the prison. Their disinterested and faithful exertions, some- times meet with their highest reward, in the good results which attend upon, and follow these labors. There are many in all prisons, who set at nought counsel, and scorn reproof; but this is no argument whereby a Christian community would find justification in refraining from employing every consistent and reasonable exertion to recover the sin-sick soul—to inspire virtuous sentiments, to raise the fallen, and to strengthen the weak. The moral teacher, in this prison, is a mission- ary employed by a benevolent society. Would it be more than justice demands, since the courts sentence so many convicts to these prisons, for long terms, for the city to appoint and support a chaplain, at its own cost ? The many hundred prisoners in the county jail, though a very unpromising class of pupils, certainly not the less on that account, should be faithfully visited and instructed. Is it not a mistake, how- ever, to sentence to the county prison, offenders, whose crimes make 13 98 them legitimate subjects for the Eastern Penitentiary ? Sent there, where sufficient and effective arrangements are made for teaching the ignorant, and nourishing the moral nature ; where the regulations are, all in all, better adapted for their benefit, than can be those of the coun- ty prison ; they would be subject, not to a severer discipline, but would receive a stricter justice, whether we consider their rights as men, or their condemnation as criminals. The cells of Moyamensing prison are of good and convenient size, well lighted, and ventilated, and in winter, well warmed. They are maintained clean, and well furnished, and are supplied with pure wa- ter, by pipes. The food is of good quality, and of sufficient quantity. It is well, prepared, and usually distributed with care. I have visited all the cells in this extensive prison, and conversed with the prisoners, and, having spent the largest part of nine days in a diligent examina- tion of their condition, and of the general arrangements and the disci- pline, I do not hesitate to say, it is conducted in a manner highly credi- table to the officers, whose duty it is to govern and direct its affairs. There are some defects, but they may be chiefly remedied with due at- tention. Well chosen additions to the library are much needed, as also care in the distribution of the books. The prisoners were at liberty to communicate to me their grievances, if they had any, and to represent their condition without restraint. The only grave complaint, and it was twice repeated, was from a prisoner who desired a greater variety of food—Mutton and veal to vary his meat diet, and a larger variety of vegetables ! There were three or four insane men, who had been committed on various petty charges, and were not subjects for this prison, nor any other. The County-prison, at Hartford, is constructed on the Au- burn plan, and is under excellent discipline. The keeper is very much interested in promoting the best good of all the prisoners, both physically and mentally; the number of prison- ers is small, there being but 32 cells, and these not often all occupied : four of these, on the first floor, are for punishment, and not therefore in daily use. The dimensions of the cells are too confined,being 10 feet by 5, and 7 high; these are ven- tilated, and contain each an iron bedstead, with clean sacking and bed-clothing. The area on the left as you enter, is used as the work-shop, and is but 12 feet wide. Moral and reli- gious instruction is more faithfully supplied here by officers and authorized visitors, than in any County prison or House- of-correction in New-England. Though the plan of this prison has many excellences, it has also prominent defects, which should be avoided in any prisons hereafter constructed. 99 The County prison, at New-Haven, I found in good order, and so much better suited for the reformation of the prisoners, and a general control of them, than most prisons, that I feel no disposition to enter upon the apparent defects. The Coun- ty prisons, at Norwich, (Conn.) and at Ipswich, (Mass.) I have not lately visited ; they are, in most respects, well re- ported of; it is said, there is a deficiency of moral and general instruction. The county House of Correction at South Boston is well built, and is excellently planned for carrying out successfully the purposes of prison government,&c. In former years I often visited this prison ; latterly more rarely, on account of distant journeyings. I never found it other than in good order; the law of the place, as of other city institutions within the stock- ade, being, apparently, that ' nothing is clean when it can be made cleaner.' The discipline is efficient, and as mild as the Auburn system of congregated labor will permit. The 3d of Sept. 1845, there were 225 prisoners, 74 of which were wo- men, all sentenced by the municipal and police courts. Quite too many of the prisoners are discharged by pardons and re- mission of sentence ; vastly too many escape imprisonment by the very injudicious imposition of fines, and the equally inju- dicious acceptance of bail. There are 360 cells which are perfectly clean and* admirably ventilated. The stoves for heating the lodging cells and areas in winter are of better con- struction than any I have before seen in prisons. The prisoners bathe in the salt-water, in a commodious bathing house, once a week during the mild seasons; and they bathe in warm water once a fortnight throughout the cold months. The health of the place is remarkable, and the deaths few, considering the previous habits of the convicts. The women's work-rooms are well governed and arranged. The cells are suitably furnished. The hospital is faithfully attend- , ed, and entirely comfortable. The laundry, bakery, and cook rooms, are in most admirable order. The food is of good quality and well prepared. The chaplain is diligent in the discharge of his duties, and holds two services on Sunday. There is, at an early hour, a 100 Sunday school for the women. The teachers are from the city, and are much devoted to the improvement of the convicts, and extend a judicious care over all Avho, at the expiration of their sentences, give evidence of a disposition to lead an amended life. The library at this prison is not creditable to those whose duty it is to see the prisoners supplied with this means of improvement. This prison, in all respects, ranks before the state prison at Charlestown ; and, while it has an equally difficult class of prisoners to discipline and reform, sustains discipline, without the use of the lash, and with fewer punishments in propor- tion to the actual number of transgressions. The product of convict labor has never supported this prison, though its finan- cial concerns have always been well managed. More detailed annual reports of the prison would be desir- able and very useful. This House of Correction takes prece- dence of all penitentiaries in the Northern States, not excepting even that of Connecticut. I cannot conclude these remarks, without renewedly urging the reformation of the County jails. It is infinitely worse, to arrest offenders, and lodge them in jails where safe custody is the only consideration to which weight is attached, than to leave them at large. It is worse for offenders, and worse ul- timately for society. In the first instance, they inevitably be- come more corrupt. They have no escape, if they wish it, from vicious companionship ; and, when it is farther recollec- ted, that these prisoners include the really guilty, the merely suspected, and those of both sexes and all ages, we cannot fail to see what is the imperative duty of the citizens of every county throughout the Union, in which this subject has not received so much deliberation and action as to have procured a remedy for neglects and abuses, worthy only of an age when vice was openly countenanced, and crime was at a pre- mium. Hundreds certainly, more probably thousands, have for some first and trivial offence, been lodged in county pris- ons, exposed to the impure and contaminating influences of indiscriminate companionship. Here they have become har- 101 dened, here lost all self-respect, and have yielded, day by day, to the mind-poisoning, moral miasm of these legalized recep- tacles. From these great evils, society only can redeem the offen- der. If the offence is slight, or if suspicion alone attaches to the prisoner, there being no question of the justice of deten- tion, the wrong is resolved into the injustice of compelling bad companionship, and making a jail a county free-school of vice. If the prisoner be already confirmed in vicious propensities and an evil life, it is manifestly very bad policy, all other con- siderations aside, to make him the teacher of what is mischie- vous and destructive of public safety, to those not confirmed in the practice of vicious excesses, and criminal misdeeds. I have heard the observation that persons do not reach the jail till they are far on in paths of wickedness; this is a misappre- hension, resulting from want of correct information. I could adduce a very large number of examples, especially of young persons and children. As such may be gathered in every county-town in the Union, not recently incorporated, it is quite unnecessary to enter upon details here. Let all prisons hereafter be constructed so as at least to admit classification, if not in a greater measure of separation. This was secured in most of the old prisons to some extent; but in several prisons on the Auburn plan, as at Lowell, Roch- ester, Buffalo, &c. &c. these evils are greatly increased. I refer all interested to the prisons and the officers of the prisons for confirmation of these facts. Even in the new prison at Springfield, where employment is given and required for the men, defects will be found quite beyond the control of the officers to remedy. I did not learn what disposition was made of the prisoners on Sundays ; but, if shut into their very nar- row, low cells, which have no ventilation, although the prison is neatly kept, I think the punishment somewhat too severe for prisoners, whether waiting trial or convicted, and this a dis- cipline not calculated to improve or amend either. Early in March, 1843, a comprehensive and excellently de- vised document, relating to the regulation and improvement of County-jails in Ohio, was laid before the legislature, and 102 passed into an act, ordaining wholesome supervision and re- forms. It is much to be regretted that it has not been more effectually and precisely enforced. From all I have seen and been able to ascertain, I should judge that the jail at Colum- bus most nearly fulfils the requirements of this law, and per- haps none fails to a greater extent in all the requirements of the act, than the county prison at Zanesville. Several county prisons, constructed on the Auburn plan, in Ohio, New-York, and Massachusetts, do not, in my opinion, or in that of the officers with whom I have conversed, correct the abuses of the old prisons, but, in some respects, decidedly increase them ; as at Chilicothe and Cincinnati, Ohio, (the last named is de- scribed to me by friends resident there;) the jails at Rochester and Buffalo, in New-York, which I have repeatedly visited ; the new jail at Springfield, which has no ventilation in the cells, and other defects not important to specify ; the jail at Lowell, and the prison at East Cambridge, (Mass.) Others might be specified, if it were any object to increase the list. Several prisons, constructed for the adoption of the separate system, with employment, as yet have not commenced the much-needed reform of their discipline ; as the jail in Pitts- burg, (Penn.) and the jails at Newark and Patterson, New- Jersey. A new prison has been built near Jersey city, with a view of employing the prisoners ; it was unfinished and un- occupied at the time of my last visit. I omitted to state that additions to the library of the Charles- town prison have, for these several years past, been made by the prisoners, who, on being discharged, have often left the books which they brought with them, or which have been fur- nished by their friends. APPENDIX. Women Convicts.*—Yery few, usually no women-convicts, are found in the State prisons in Maine, New-Hampshire, and Vermont. In Massachusetts these are not committed to the State prison, but are sent to the Houses of Correction, severally in Middlesex, Essex, and Suffolk counties; in the other coun- ties they are sometimes detained in the jails. In each of the local prisons above named, matrons govern the women's de- partment. In Connecticut prison there are 20 women under the supervision of an excellent matron. Unfortunately the pre- sent discipline of this prison affords for the women no period but Sundays for instruction, except in mechanical labors. In New-York all the women state-convicts are sent to a prison at Sing Sing; these average about 72, and are under the direction of a matron, who, with her assistants, are much interested in the improvement of those under their charge. New-Jersey prison has but two women-convicts, and no matron. The Eastern Penitentiary has 20 women-convicts. This depart- ment I have often visited, and always found in order; neat- ness and good-behavior appear to be the rule and practice of the prison; the exceptions being very rare. The matron is vigilant, and fills her station in a manner to secure respect and confidence. The women are chiefly employed in making and repairing apparel, and have full time for the use of books, and the lessons which are assigned weekly by the ladies who visit the prison to give instruction. In the Eastern District, a por- tion of the women-convicts, since the building of the Philadel- phia, Chester, and Dauphin county prisons, have been sen- tenced to these, where they come under similar discipline. In the Moyamensing prison they possess corresponding moral * Accidentally omitted, page 41. 104 advantages and means of' receiving instruction, as those who are sent to the State prison. In the Western penitentiary are 7 women-convicts, no matron ; in Ohio prison are 6 women-convicts, no matron; in Virginia prison are 15 women- convicts, no matron; in the Washington prison, D. C. 4 wo- men, a year since, no matron; in the Maryland prison were 15 women under the charge of an energetic matron, who ear- nestly desires to maintain order, without resorting to severe restraints and punishments ; these cannot be always dispensed with. There is too little provision for moral instruction in this department. The product of women's labor in the State prisons, fails to meet the expenses of their department. I should judge it greatly more advantageous in all respects, to sentence women- convicts to county houses of correction, rather than connect their prisons, with those of the new convicts, especially also if their numbers are so few that it is judged inexpedient to ap- point a matron. ERRATA. Page 27—45th line, for " 1844 " read 1841. „ 37—14th line, for " hydrogen " read oxygen. „ 38—4th line, for " In the " read Most. Note. The County Prison is heated by hot air. „ 40—15th line, for " Wardens " read Warden. „ 44—23th line, for " 100 cells " read 38 cells. „ 44—same line, for " 136 cells each " read contain 472 cells. „ 44—32d line, for " 17 feet 6 inches " read 7 feet 6 inches. Vo* NLM032038314