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CHAPTER XIV.—PENITENTIARY SYSTEM.

MOST of the improvements made in the manner of punishing and reforming persons convicted of enormous crimes in the United States may justly be attributed to the studies and exertions of enlightened members of the Prison Discipline Society. To their reports and publications, therefore, must we look for a correct synopsis of this system, so highly appreciated among ourselves, so much decried by the high-priest of British prejudice, captain Basil Hall.

The first annual meeting of the above-named society took place on the second of June, A. D. 1826, in Boston. The report declares that its object was the improvement of public prisons. It contained many lucid remarks on the existing state of these prisons, but, as it is with the present, rather than with the past, that we have to do, we shall pretermit these. It ap pears, however, that many of the jails of that time were very insecure that solitary confinement gave the best promise of the desirable security, and prevented prisoners from corrupting each other-that frequent inspec tions were necessary, to prevent plans of escape-that prisons, from mere humanity, should be better ventilated, and so lighted as to enable the convicts at least to read the word of God-that cleanliness had, in many instances, been neglected that amended means of instruction in the mechanic arts were highly desirable-that the condition of the sick was much neglected—and, in short, that the condition of the jails and penitentiaries of the United States was little better than that of European places of punishment. The improvements which have since been made will better appear from positive, authenticated facts, than from the idle speculations of theorists and travellers.

When the above society was formed, there were but two prisons on the principle of solitary confinement in the United States,-at Thomaston, Maine, and Auburn, New York, containing between three and four hundred night rooms, and four or five thousand convicts. Full six thousand solitary cells have since been built. The prisons now constructed on this principle are twenty-nine in number, and are all on the general plan of the Auburn prison, with some slight varieties of construction. As many of the prisons are nearly identical in construction with this last, a description of it will probably not be unacceptable.

The external wall of this establishment comprises an area of upwards of sixteen thousand feet, in which is contained the prisons, yards, lumber yard, (very large,) garden of about four thousand five hundred feet, keeper's house, guard room, a great number of shops, bathing pools, and other offices. Two large buildings, on the old plan, and which were formerly used as night rooms, are no longer dedicated to that purpose. together with the keeper's house and the prisons, form three sides of a square, which opens upon an area, surrounded, first by the shops, and then by the exterior wall.

These,

The external wall of the principal prison, (that in the northern wing,) is thirty feet high, two hundred and six feet long, forty-six feet wide, and three feet thick. It incloses an area of five hundred feet. The long barrack, thus surrounded by this external wall, is divided from end to end by a solid and continuous wall of masonry, two feet thick. On each side of this, the cells designed for the prisoners are arranged. To explain this more fully; a long, narrow building, of solid granite and lime, is equally divided, from end to end, by a solid wall. On each side of this wall, and within the outer wall of the building, are a great number of cells, so arranged as to effect the greatest economy of room. Outside the exterior walls of these cells, is another wall, ten feet distant from them, and thirty feet high. Beyond this second wall are certain yards, surrounded by a third wall, and in the said wall, as well as in the ten-foot-wide gallery between the cells and the thirty-foot wall, keepers and sentinels are constantly moving. Thus, if a prisoner should break out of his cell, he must first pass or kill a sentinel, then force a second wall, then pass through a yard in which other sentinels are stationed, and then climb over another wall. So great is the security thus afforded, that during many years, it is believed that in prisons thus constructed, but one serious attempt at escape has occurred, and in that instance it was unsuccessful.

Prisons built on this plan are thought to combine the advantages of security, solitary confinement, inspection, ventilation, light, cleanliness, instruction, and proper attendance on the sick.

The exterior wall of the cells, which looks upon the area ten feet wide, is two feet thick. The walls which separate the cells are one foot thick Thus a recess is formed at each door, which deadens the sound, should one prisoner attempt to hold communication with another. The only opening from each cell is an open grate in the upper part of the door, twenty inches long by eighteen wide, and defended by thick iron bars. Through this glazed grate, light, air, and heat are admitted to the cell. The door is fastened by a strong latch, connected with a hook and a bar of iron. It is thus almost impossible for one prisoner to communicate with another, even if there were no sentinel present to listen.*

* At the period when the prison was erected, the legislature of the state, and the public, had become so dissatisfied with the mode of penitentiary punishment, without Solitary confinement, then existing, which seemed rather to harden than to have a ten dency to reform the delinquents, that it was generally believed, that, unless a severe system was adopted, the old sanguinary criminal code must be restored. The legisla ture of New York state, therefore, in the year 1821, directed a selection of the oldest and most heinous offenders to be made, who should be confined constantly in solitary cells. Eighty convicts were accordingly put into solitary cells, on the twenty-fifth of December, 1821. Five of those convicts died during the year preceding January, 1823, while only five died out of one hundred and forty convicts confined at the same time in prison, but who were kept to labor. The health of the solitary convicts was very soon seriously impaired. Some of them became insane; and the effect of this constant imprisonment was not more favorable to reformation than to mental and bodily health.

Before the end of 1823, exclusive solitary confinement was entirely discontinued, and the present successful system, combining solitude and silence with labor, introduced; a majority of the commissioners, who examined the prison, having reported, that they were entirely averse to solitary confinement without labor, on the grounds of its being injurious to health, expensive, affording no means of reformation, and unnecessarily severe. La Fayette, when he was lately in the United States, and heard of the experi ment of exclusive solitary confinement, said it was just a revival of the practice in the Bastile, which had so dreadful an effect on the poor prisoners. 'I repaired,' he said,

The economy of this mode of building is evident. A convenient hospi tal may be made, by dispensing with the partition walls between four of the cells in the upper story. Thus constructed, four hundred cells, seven feet long, seven high, and three and a half feet wide, cover only two hundred and six by forty-six feet of ground. At Auburn, five small stoves and eighteen lamps, great and small, placed in the ten-feet area, beyond the reach of the prisoners, give light and heat to five hundred and forty cells. One sentinel suffices to guard four hundred prisoners, and to prevent communication between them. The space in front of the cells is, like the ear of Dionysius, a perfect sounding gallery, so that the sentinel, in the area, can hear a whisper from a distant cell, in the upper story. The experiment has been often tried, and always with the same result.

The rules and regulations found most effectual in this and other prisons, are as follows: On entering, a criminal should undergo a thorough cleansing. It should be a part of the regulations to classify the prisoners. Men and women should be separated, as also old and young, condemned and uncondemned, debtors and criminals. Prisoners should be comfortably clothed, and fed with wholesome food. Employment should be provided for such as have trades, and trades should be taught to such as have none, so that they may not be a burthen to the society they have offended, or be compelled to resort to crime for subsistence when discharged. All these, and many other desirable ends, are believed to have been attained in Au burn, and other prisons conducted on the same plan.

The government of Auburn is confided to five inspectors, a keeper, a deputy keeper, a clerk, sixteen assistant keepers, who are master workmen in the shops, five sentinels, a porter, a physician, and a chaplain. The inspectors receive no compensation; that of the officers amounts to an aggregate of four thousand and thirty-two dollars per annum. No spirituous Liquors are used by any officer, or are allowed to be introduced into the establishment by the guard, when on duty, nor is any officer to invite the others together for the purpose of drinking, or treating, as it is called. All the turnkeys are required to attend divine service excepting two, who cannot be spared from the prison and the kitchen. A uniform gravity and dignity are constantly maintained by the officers in presence of the convicts, and they are expected, at all times, to treat each other with that respect and kindness which are calculated to advance the best interests of the institution.

The convicts march to and from their rest, food, and labor, at stated times, in profound silence. The order of their march is in single file, to the lock-step, keeping their faces toward the keeper, that he may detect conversation, if it should be attempted. The same silence and good order are enforced, as far as possible, in every business, and in every department. The duty of the keepers is to prevent conversation, looking at spectators, and idle diversion; for this purpose, as well as to keep the con

to the scene on the second day of the demolition, and found that all the prisoners had been deranged by their solitary confinement, except one; he had been a prisoner twenty-five years, and was led forth during the height of the tumultuous riot of the people, whilst engaged in tearing down the building. He looked around with amaze. ment, for he had seen nobody for that space of time; and, before night, he was so much affected, that he became a confirmed maniac, from which situation he never reCovered.'

victs at work, they are continually walking about the shops. The stillness and order of divine service are truly impressive, and during the night the area about the cells is a scene of peculiar solemnity and gloom. A hundred or more young convicts acquire the rudiments of learning in the Sunday school.

A valuable experiment on the subject of temperance was first made in this prison, and has since been carried into effect in all the rest. The convicts being strictly debarred the use of tobacco, ardent spirits, and all other stimulants, it was found that the health of the most abandoned drunkards did not suffer, contrary to the common idea that the grossly intemperate cannot at once break off from the use of spirits without danger. It appears that, for a few days, they are uneasy, and lose their appetite, after which they eat heartily, and uniformly improve in health and ap

pearance.

The mode of punishment in this and similar prisons merits some attention. Stripes, fetters, solitary confinement, and hunger are used, and there is much difference of opinion respecting their respective degrees of utility. In some extensive establishments, stripes and chains are not used at all; in others, recourse is had to stripes only. It is so in Auburn. In Richmond, Baltimore, Philadelphia, New York, Charlestown, and Concord, solitary confinement, with a reduced allowance of bread and water, is preferred. In Connecticut, all the above methods are practised, and severe hunger is often found efficacious. If the efficacy of the different modes is to be tested by the results they produce on discipline, Auburn seems to show that stripes are better than other punishments. The difference in the order industry, and subdued feeling of the prisoners, is in favor of Auburn, though, perhaps, this is as much to be ascribed to their separation by night, and other salutary regulations, as to the mode of physical correction. The advocates for whipping urge, that it requires less time than other punishments, that the mind of the sufferer does not so long dwell on it, that it is less severe, and that it can more easily be proportioned to the offence. On the other hand, it is said that solitary confinement will subdue men hardened against all other inflictions, and no doubt it has so operated in very many cases, Be the question decided as it may, the remark of the London Prison Discipline Society's seventh annual report is undeniably untrue, viz. that solitary confinement, unmitigated by employment either of body or mind, is the most prominent feature in the discipline now recommended in the United States.'

We are unable, both from the want of space and of sufficient means of information, to enter into minute details respecting the government of many of the prisons. At Sing-sing, on the Hudson river, the convicts are awakened in the morning by a bell; but before they are let out of their cells, the chaplain reads a prayer that may be heard by all on one side, the space between the cells and the external wall being a perfect sounding gallery. The doors are then opened, and the prisoners step forth, at the word of command, into the gallery. They are then marched to the work shops, stopping on the way to wash themselves. One party cleanses the whole establishment, another attends to washing, and another to cooking. The whole body then go to their fixed tasks, such as hewing stone, sawing marble, forging iron, and the various mechanic arts with which they may be acquainted. Each shop is superintended by a turnkey, who must him

self be a trustworthy master-workman, in order that he may instruct those under his charge. While in the shops, the prisoners are placed with their faces all in one direction, so that there can be no communication by looks or signs. From twenty to thirty are engaged in each shop, and one good man is found able to keep that number of hardened villains in order.

A narrow, dark passage runs along the back of the shops, with narrow slits in the wall, through which the superintendent may observe the con. duct of both the convicts and the turnkeys, himself unseen by either. This certainty of being at all moments liable to an authorized espionage, cannot fail to keep all parties careful of their behavior.

At eight, at the sound of the bell, the convicts are again marched to their cells, at the doors of which their breakfasts have already been placed. They are locked in, and eat in solitude and silence. In twenty minutes, they are again marched to their work, and at noon they go to dinner in precisely the same manner, and at night to supper. At a fixed hour, the bell warns them to undress and go to bed, after having heard the chaplain's prayer, as in the morning. The next day brings the same dull, unvaried round, convincing them that they are indeed cut off from mankind, and that for the purpose of punishment. It should seem that if any thing could make the wicked turn from his wickedness, it would be the prospect of passing years in this manner.

It is the practice of Mr. Barrett, the resident clergyman, every evening to read a portion of the Scriptures to the convicts, from the gallery, then to offer explanatory remarks, and to conclude with prayer. After divine service on Sundays, he spends a considerable portion of time in talking with them in their cells, and, hardened as they are, none of them have shown any want of respect, or unwillingness to hear.

The inspectors of the Auburn prison stated to the legislature of New York, in 1828, that the labors of the convicts had become so much more productive than in former times, they thought no further appropriations would be necessary for the support of that establishment. În the same year, the earnings of the Wethersfield (Connecticut) prison gave, in six months, a net gain of one thousand and seventeen dollars over and above the expenses of their government and support. A large gain is believed to be obtained in other penitentiaries. The following facts will show the superiority of United States prisons, in this particular, to those of England. In one year, twelve of the most productive prisons in England contained three thousand, six hundred and ninety-nine convicts, who earned fortyone thousand, seven hundred and twenty-seven dollars. In five prisons in the United States, during the same length of time, there were but nine hundred and ninety-nine convicts, and they earned eighty-one thousand, nine hundred and seventy-nine dollars. That is, a little more than a fourth of the number of American convicts earn more than double the amount of nearly four times the number of convicts in England. This difference depends, no doubt, greatly on discipline, and also on difference of diet. In the five American prisons to which we have referred, at least a pound of animal food is given to each man, per diem. In England, the quantity is from a pound to half a pound per week, scarcely sufficient to keep up the strength of a laboring man.

In some of the penitentiaries, if not in all, a Bible is placed in each cell; the only book the prisoner is permitted to see. It is not required that he