Jan. 19 Feb. 12 23 days.
_Name and Sentence._ _Solitary._ _Hospital._ _Solitary._ Nathaniel Parsons, July 3 Aug. 16 43 days.
6 months solitary. Aug. 19 Aug. 27 8 days.
This man remained in the hospital, after his discharge from the cell the last time, from September 17 till December 3, when he was pardoned on account of ill health.
_Name and Sentence._ _Solitary._ _Hospital._ _Solitary._ Edmund Eastman, Sept. 9 Jan. 9 4 months.
4 months solitary.
This man endured the whole period, without leaving the cell.
"_Asa Allen_ was sentenced to six months solitary and two years three months and fourteen days hard labor. He went immediately into solitary, and remained seventy-four days without interruption. At the end of this period, he came out in good health, and performed a good day"s labor in the quarry. Dr. ROSE expresses the opinion, that this man would live in solitary confinement about as well and as long as any where else. He has been a _soldier_, and has been accustomed to the hardships of a camp. He has been a wanderer in the world, without a home. It is not material to him where he is. The keeper thinks that six months solitary to this man would not be a greater punishment than fifteen days to a convict who had been accustomed to the comforts of life: also, that he would rather endure six months solitary confinement than ten stripes.
"_John Stevens and John Cain_ both entered the Prison at the same time, under sentence of three months solitary, and both endured the whole period without interruption, having received nothing except the usual allowance of bread and water, and a little camphor to rub on their heads.
"_Benjamin Williams_, also, endured three months solitary without interruption.
"But, in general, the superintendent states, that nearly as much time is necessary in the hospital to fulfil long solitary sentences, as in the cells. He also expresses an opinion, in his last report to the Legislature, that long periods of solitary imprisonment inflicted on convicts, is worse than useless as a means of reformation. The character of the superintendent of this Prison is such, that the opinions expressed by him on this subject, as the results of his experience, will be thought worthy of particular consideration. He says, "the great diversity of character, as it respects habits and temperament of body and mind, renders solitary imprisonment a very unequal punishment. Some persons will endure solitary confinement without appearing to be much debilitated, either in body or mind, while others sink under much less, and, if the punishment was unremittingly continued, would die, or become incurably insane.
"However persons of strong minds, who suffer in what they deem a righteous cause, may be able to endure solitary confinement, and retain their bodily and mental vigor, yet it is not to be expected of criminals, with minds discouraged by conviction and disgrace.
"Those persons who shudder at the cruelty of inflicting stripes as a punishment, but can contemplate the case of a fellow being, suffering a long period of solitary imprisonment, without emotion, must be grossly ignorant of the mental and bodily suffering endured by a long confinement in solitude.
"As far as the experience in our State Prison proves any thing respecting the efficacy of solitary imprisonment in preventing crimes by reforming convicts, it will induce us to believe that it is not more effectual than confinement to hard labor. Seven of the convicts now in the State Prison are committed a second time, for crimes perpetrated after having been discharged from this Prison; three of these had been punished by solitary imprisonment without labor, and the others by solitary imprisonment and confinement to hard labor.
"The keeper of the Auburn State Prison, in the State of New York, very justly observes, "that a degree of mental distress and anguish may be necessary to humble and reform an offender; but carry it too far, and he will become a savage in his temper and feelings, or he will sink in despair. There is no doubt, that uninterrupted solitude tends to sour the feelings, destroy the affections, harden the heart, and induce men to cultivate a spirit of revenge, or drive them to despair."
"I would not wish to be understood to express an opinion, that solitary imprisonment ought not, in any case, to be inflicted. On the contrary, there can be no doubt that it is a proper punishment for prison discipline in many cases; but for that purpose, short periods only will be necessary; seldom, if ever, to exceed ten days. In the cases of juvenile offenders, it may also be very useful and proper, in periods of twenty, or thirty days, but never to exceed sixty days. If repentance and amendment are not effected by thirty days of strict solitary confinement, it can rarely be expected to be obtained by a longer period."
"The Legislature of Maine, in consideration of the opinions and facts above stated, pa.s.sed a law, in February, 1827, in the words following: "_Be it enacted_, that all punishments, by imprisonment in the State Prison, shall be by confinement to hard labor, and not by solitary imprisonment: provided, that nothing herein contained shall preclude the use of solitary confinement as a prison discipline for the government and good order of the prisoners." Thus we have endeavored to exhibit the results of the experience of the State of Maine, in regard to solitary imprisonment day and night.
"In New Hampshire, MOSES C. PILSBURY, Esq. who has been several years the warden of that Prison, the surprising results of whose good management, both in regard to the income and the moral character of the Inst.i.tution, were exhibited in the last Report, was asked, whether convicts ought not to be sentenced to solitary confinement day and night, for a short time at least. He said it would do much more good to give them hard labor by day, and solitary confinement at night.
"At Auburn, N. Y., the experiment was tried in 1822, by the friends of solitary confinement day and night, on eighty convicts, for a period of ten months. The experiment was conducted with great care, and the observations made appear to have been impartial. As it was done by the friends of the system, it may be supposed that the results were as favorable as they could make them. In the Report of the Commissioners to the Legislature, in January, 1825, these results are stated with philosophical accuracy. Concerning these results, it is sufficient to say, that they were unfavorable to this mode of punishment, and it was accordingly abandoned in that Prison. It was found, in many instances, to injure the health; to impair the reason; to endanger the life; to leave the men enfeebled and unable to work when they left the Prison, and as ignorant of any useful business as when they were committed; and, consequently, more productive of recommitments, and less of reformation, than solitary confinement at night and hard labor by day.
"The experiment in New Jersey has been continued four years, upon an average number of twelve convicts; some of whom have been eighteen months, and some two years, in the cells, without intermission; but in this case, though the men are in separate cells, still the cells are so arranged, that several men can converse as freely as if they were in the same room, and no attempt has been made to prevent it. This, therefore, is to be regarded no farther as an experiment on solitary confinement day and night, than as keeping the men from seeing or coming in contact with each other; but not from evil communication, and corrupt society. In the opinion of the keeper of that Prison, this mode of punishment has been useful in preventing recommitments, and not permanently injurious to health or reason. How far the difference in the results of this experiment from that at Auburn, and the other in Maine, is to be attributed to the difference in the construction of the cells, and the management and diet of the prisoners, it is difficult to determine. In Maine the cells are very gloomy, and communication is difficult, though not impossible. At Auburn the cells are not gloomy, and communication was prevented day and night by a sentinel. In New Jersey the cells are not gloomy, and social intercourse unrestrained. In Maine the diet was very low, i.e. a pound of bread and cold water only. At Auburn, and in New Jersey, it was coa.r.s.e, but nutritious. In Maine the men might have endured solitary confinement, with a more nutritious diet, a much longer period. At Auburn they might not have been as much injured in health or reason, if they had been permitted to converse with each other. And in New Jersey they might have been more injured if this kind of communication had been restrained. As the experiments have been conducted, they appear to be decidedly against solitary confinement day and night in Maine and at Auburn, and in favor of it in New Jersey. As this mode of punishment, however, would probably never be adopted, except to prevent effectually all evil communication, the experiment in New Jersey cannot be adduced in favor of entire seclusion: for there was nothing of this character in it.
"There have been other experiments made in this country, in many Prisons, on individuals, in regard to this mode of punishment, sometimes for misdemeanor, and sometimes for experiment merely. One was mentioned in the last Report. "A man in a narrow cell, which was almost a dungeon, where he had been in heavy chains, on a small allowance of food, three months, was asked whether he had rather remain three months longer, in the same situation, than receive a small number of stripes on his bare back. He said he had rather remain." It is not known, that this man had had any communication with any one except his keeper, and his diet had been much more nutritious than that used in Maine. In the mode in which he was treated, his spirits appeared perfectly unsubdued, and his health and reason unimpaired, and his disposition ready for mischief whenever he should be released. There was nothing seen in him that looked like contrition.
"There is another man, who has been in a solitary cell much of the time for seventeen years, and _all the time_ for more than six of the last years. He is still alive. He does not appear insane. His health is feeble, and he has lost the use of his limbs, so that he uses crutches. His disposition, however, remains the same as when he was committed to the cell, more than six years ago. He had been previously released, and put upon his honor for good behaviour. He almost immediately procured a hatchet, and struck it into the neck of a keeper, in such a manner as to endanger his life. He was again committed to the cell, where he has remained ever since, with a malignant, revengeful spirit; as is evident from the fact, that he attempted to take the life, a few months since, of a keeper, who gave him his food. His cell is gloomy and filthy. His food is coa.r.s.e but nutritious. His intercourse is in a great degree restrained.
"In regard to the effect of solitary confinement on the individuals last mentioned, as well as on those who were subject to it in Maine, New York, and New Jersey, it is true, that they were left to suffer their punishment, during the whole period, _dest.i.tute, in a great degree, of the means of grace_. In the new Prison in Philadelphia, in which it is proposed to adopt this mode of punishment, and prevent evil communication by solitary confinement day and night, it has been said, by one of the Commissioners, that he should rather abandon the system, and adopt that of solitary confinement at night, and hard labor by day, than see the men confined in the cells day and night, without the means of grace. We may hope, therefore, if the experiment is again tried, it will not be done without adequate provision for moral and religious instruction. How far it may be successful with this variation cannot be told until the experiment has been made.
"_As the experiments have been conducted, thus far, the results are decidedly opposed to solitary confinement day and night, as the means of preventing evil communication. We are left, therefore, in view of all the facts known to us, with a preference for solitary confinement at night, and hard labor by day, with such regulations to prevent evil communication as the case requires, and as have been already suggested._"
Whose heart does not sicken within him on reading such accounts of human suffering and human guilt? I have mentioned several specimens of cruelty which I saw in Windsor Prison; and to show that man is the same being under similar circ.u.mstances everywhere, I will avail myself of another quotation from the Reports of this Society, in respect to New Jersey State Prison. It is in the FIFTH REPORT, page 86.
"Solitary confinement on a scanty allowance of bread with cold water is much used. The period of time not unfrequently extends to twenty and thirty days, and this too in the winter season, in cells warmed by no fire. The suffering in these circ.u.mstances is intense; the convicts lose their flesh and strength, and frequently their health; they are sometimes so far broken down, as to be unable to work when they are discharged into the yard, and to require nearly as much time in the hospital, to recruit them, as they have had in the cells, to break them down.
"The committee saw a man in the hospital last week, just taken from the cells, where he had been punished for misdemeanor about twenty days. He was prostrate upon the bed, emaciated, and unable to work, and complained of much pain. The physician called the attention of the committee to his pulse, which he remarked was very feeble. The keeper thought it would be some time before he would be able to work.
"Besides punishments in this mode, the records show, that chains are much used; sometimes with a fifty-six attached to them, and sometimes for the purpose of chaining the prisoner to the place where he is at work. A number of the prisoners, at the present time, have chains upon them, and the committee saw one, twelve or fourteen years of age, who had on an iron neck yoke, with arms extending 18 or 20 inches each way from his head, which was said to be, not for punishment, but to prevent his getting through the grates.
"The following list is furnished by the clerk of the Prison, who has been there twenty years. It shows the number of prisoners that is supposed to have died in consequence of being severely punished in the cells, for disobedience;--William Thomas, Thomas Steward, John O.
Brian, William Bower, John Brown, Tunis Cole, Aaron Strattain, Thomas Somes, Pomp Cisco, and Peter Marks--10."
Reader, what think you of this? It is said that the laws of America are written with mercy; but are they not often executed in blood? From such mercy as this, gracious Heaven deliver us! "It is a fearful thing to fall into the hands of the living G.o.d," but it is better to fall into _his_ hands than the hands of man. Are not the tender mercies of the wicked cruel? Look at the State Prisons and see. They are called _merciful_, but their floors are reeking with blood, and their cells are vocal with the groans of death.--Pardon this digression from the subject; I will return to it immediately. Any where, to banish these reflections, which wither up my soul!--
In respect to _stripes_, the Society uses the following language.
FIRST REPORT, pages 17-19.
"MODE OF PUNISHMENT.--The punishments used in these inst.i.tutions now claim our attention. These are stripes, chains, and solitary confinement, with hunger. In regard to these different modes of punishment, there is a considerable diversity of opinion and practice, in this country. In some extensive establishments, chains and stripes are dispensed with altogether. In others, both are used severely. In others still, stripes alone are used. At Auburn, stripes are almost the only mode of punishment. In Richmond, Baltimore, Philadelphia, New York city, Charlestown, and Concord, solitary confinement mostly, with a small allowance of bread and water. In Connecticut, stripes, chains, solitary confinement, and severe hunger. If the efficacy of these different modes of punishment were to be judged of by the discipline of the respective inst.i.tutions, punishment by stripes, as at Auburn, would be preferred. The difference, in the order, industry, and subdued feeling, as exhibited by the prisoners, is greatly in favour of the prison at Auburn. This difference, however, is to be attributed, not so much to the mode of punishment, as to the separation of the convicts at night, and several other salutary regulations, which are not adopted elsewhere. At the same time, a part of the difference is supposed by the friends of this system, to arise from the mode of punishment. In favor of this mode, the advocates of it urge the following reasons; it requires less time; the mind of the prisoner does not brood over it, and settle down in deliberate resentment and malignity; it is in some cases more effectual; it is less severe; it can be more easily proportioned to the offence.
That it requires less time, there can be no doubt; and if in other respects, it is as good or better, it is for this reason to be preferred.
That the mind of the prisoner does not brood over it, as over solitary confinement and hunger, there can be no doubt. But then it would be said by the advocates of solitary confinement, that this is an argument against stripes, because the effect is not so permanent. It may be said in reply, that if the effect of punishment is bad, it ought not to be permanent, and men often appear subdued by solitary confinement and hunger, merely for the sake of being relieved, while in their hearts, there is a rankling enmity against the mode of punishment, and the person inflicting it. If this effect is produced, the punishment, so far as the convict is concerned, is injurious. That this is the fact, in many instances, those who have been conversant with prisoners have melancholy evidence.
But while this is admitted, it is also true, that the instances are numerous, in which solitary confinement, with low diet, have not failed to subdue men, who appear to be hardened against every other mode of punishment. The officers of the New Hampshire and Philadelphia Penitentiaries bear testimony to this. And moreover, that the end is often gained, in much less time, than it was supposed would be necessary.
It is objected, however, to solitary confinement, that it is a mode of punishment which operates unequally. If a man has been fond of society; if his mind has been cultivated; if his sensibility is acute; solitary confinement is a terrible punishment. If, on the contrary, the man is a mere animal; if he is stupid, and ignorant, and carnal; if the operations of his mind are dull and sleepy; if, in one word, he is like the torpid animals, (and there are men of this description,) solitary confinement is much less severe than stripes.
Nor is solitary confinement, in the former case, a more severe and effectual mode of punishment, especially if the convict is a proud man; nor is it as much so, as stripes. A man in a narrow cell, which was almost a dungeon, where he had been in heavy chains, on a small allowance of food, three months, was asked whether he had rather remain three months longer, in the same situation, than receive a small number of stripes on his bare back. He said he had rather remain.
It should be stated, however, that his allowance of food had not been so much diminished, as greatly to reduce his body, as is sometimes the case. In those cases, where the allowance of food is six or eight ounces of bread per day, with water only; and in those cells, which in winter are warmed by no fire, solitary confinement produces the most intense and aggravated suffering. In such cases, there is nothing but death, which the most obdurate villain would not endure to be relieved from it, after a confinement generally of less than thirty days. In these cases, it is difficult to tell, whether the cold, the hunger, the pangs of a guilty conscience, the fear of death, the wretchedness of being subjected to revenge and malignity, is the greatest cause of suffering, and whether each of them is not equal to the pain of solitary confinement. Stripes, in comparison with solitary confinement, in such circ.u.mstances, are not severe.
It is obvious, from these remarks, that the severity, and effect, and adaptation of punishment to crime, depends more on the manner, than on the kind of punishment.--Stripes may be made, and it is believed in more instances than one in our Penitentiaries, have been made, to result in death. Solitary confinement has brought men to a state of insensibility, and in some cases produced diseases, which have terminated in death. Chains so heavy have been used, and for so long a time, as to mar the flesh, and produce most painful wounds. It is perfectly obvious from these remarks, that punishment, of whatever kind, should be committed to persons of discretion, and that there should be some checks to prevent abuses.
It is, also, obvious, that different modes may be adapted to different individuals and circ.u.mstances, and that discretionary power, as to the mode, as well as the manner, ought to be left with the government of the Prison.
_It is obvious, too, that the best security, which society can have, that suitable punishments will be inflicted in a suitable manner_, MUST _arise from the character of the men to whom the government of the Prison is entrusted_.--There are men, whom no laws would restrain from indiscretion and cruelty if not barbarity, in punishment. There are others, whose humanity is excessive, and they would never punish at all. To men of either cla.s.s, the power of punishment, and the management of Penitentiaries should not be entrusted."
Another part of the discipline recommended by the Society, is expressed as follows. SECOND REPORT, pages 37, 38.
"_The lock march from the shops to the cells, and from the cells to the shops._ This consists in forming all the men, under the care of each keeper, into a solid column, and requiring them to march off, at the same time, with a uniform step, in a solid body. The object is to prevent the prisoners, "when their cells are unlocked, from flocking confusedly into the yard, and at the sound of the bell for meals, from moving like an undisciplined mob to the mess-room." This is generally an evil hour with prisoners; if any conspiracy or rebellion is under consideration, it is then communicated. In the mode proposed, it is a time of as much order and silence as any other during the day. It is, in fact, a peculiarly favorable time to see the order and regularity produced in Prison by salutary discipline; and if any one hour were to be selected, while the prisoners are awake, in which they do nothing and attempt nothing of an improper character, probably no hour could be found _more_ free from guilt than this. Another regulation of considerable importance in preventing evil communication is,
_Not letting the convicts face each other when their business will permit them to face the same way._ This rule may be adopted in shops, for shoemakers, tailors, and weavers: also, among female convicts, when employed in sewing, knitting, and spinning: and on the Sabbath, when a.s.sembled in the chapel. In this way, the language of signs, whether by the hands or features, is prevented; for the signs signify nothing if they are not seen. Now if the king of counterfeiters, or a prince in any department of wickedness, can be placed in the end of a long shop, and be permitted to sit with his face towards the convicts, and have them all facing him, he will be very happy in the opportunity of communicating ideas by the language of signs; but, turning his back to the convicts, and his face to the wall, he will feel differently.
The principle, therefore, of not permitting the convicts to face each other, when their business will permit them to face the same way, is believed to be one of considerable importance."
Such are _some_ of the means by which THE PRISON DISCIPLINE SOCIETY contemplates the accomplishment of its object; and I disapprove of them _in toto_. All its views through these means are founded on _theory_, and this theory is opposed by a thousand _facts_. Universal experience attests the fact that nothing but _goodness_ will reform a sinner. Unfeeling and despotic inflictions will make the sufferer an enemy to his race, and in some instances, awe his sinful propensities into inaction, but these things will not--_cannot_ make him love either his G.o.d or his fellow beings. The process on which I have been dwelling, and which the Society would call sacred by a.s.serting that neglect of or opposition to it is _guilt_, would make angels _men_, and men _devils_, and devils _worse_. I _know_ that future facts will justify this strong language. I am guided by no theory, but am taught by my own experience.
In the course of these sketches, I have occasionally reflected on the conduct of the officers of prisons; and a.s.serted that fit men to govern a prison in such a manner as to make it a penitentiary, cannot be found on earth. The labors of this Society have furnished the following corroborative facts.--SECOND REPORT, pages 7-8.
"In the Maine Prison, which has been in operation only three years, Dr. ROSE, the superintendent, stated that three or four cases of malpractice had already occurred among the a.s.sistant keepers; such as intemperance, furnishing forbidden articles to convicts, &c., for which they had been discharged.
In the New Hampshire Prison, Mr. PILLSBURY, the former superintendent, mentioned, as one of the greatest difficulties in the Penitentiary system, the insubordination occasioned by the frequent changes among the a.s.sistant keepers, and the difficulty of obtaining men of proper character for the compensation allowed them. Escapes have been effected in that Prison, either through the negligence or connivance of a.s.sistant keepers, and improper familiarity has been contracted between them and the convicts.
In the Ma.s.sachusetts Prison, a keeper was detected, three times in succession, by Mr. SOLEY, one of the Directors, in furnishing bills to be altered, and materials to alter them, to a convict. A warrant was issued for him; but he made his escape. Another keeper was discharged soon after, on suspicion of improper conduct; and in a communication, made by the Directors to the Governor, in the autumn of 1825, and by him submitted to the Legislature, several other cases are mentioned of malpractice by contractors and a.s.sistant keepers, and discharge for the same.
In Newgate, the Old Prison in Granby, Conn., there has been great complaint on this ground.