THE REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. I. EDITED BY SAMUEL HAZARD, NO. 51, FILBERT STREET. REPORT ON PUNISHMENTS & PRISON DISCIPLINE. [Concluded from page 221.] NO. 15. penitentiary now building near Philadelphia, the cells are 12 feet long, 8 feet wide, and 10 feet high. Attached to each cell is an inclosed space denominated an exercising or working yard; 18 feet long, 8 feet wide, and the walls of which are feet high; there being no We proceed now to consider the next in order of the roof or other covering at the top. It is obvious, therefore, several species of penal infliction, viz. 9. Solitary imprisonment, with labour. that all the usual kinds of prison labour cannot be performed in the interior of the cell, either at Pittsburg or Philadelphia. For the further elucidation of this point, we subjoin a statement of the occupations of the several This system contemplates the seclusion of the person of the convict during the day time, as well as night, but proners in six of the principal penitentiaries of the enjoins the performance of labour entirely in solitude.nited States; for the materials of which we are indebted to the report of the Boston Prison Discipline SoThe advantages that are anticipated for it, are ciety. 1. Entire separation from society. 2. The acquisition of habits of industry. 3. The contribution to the expense of maintenance. 1. The beneficial effects of separating con-icts from each other's society have been considered and admitted under the previous head. The friends of solitary confinement urge strenuously the importare of this seclusion, and we have freely conceded the absolute necessity of preventing at any sacrifice e pernicious intercourse which heretofore has beer allowed to prevail. We have contended, however. at the evils complained of, are not justly attributabl, co the system of joint day labour, under proper ins-Ction; and, that, the provi Total, 832 sion of separate dormiese evils. With this view of les would in a great measure, if not effectually, cur the subject, we are prepared to admit the necessity of separation from ociety, to the extent contended for, We may suppose that the employments to which the by the advocate of the system now under considera-largest numbers are attached are the most lucrative or tion. 2. The fuisition of habits of industry. 2 convenient for the interests of the prison. In the Walnut-street prison of Philadelphia, we understand that the 3. The contribution to the expense of maintenance. most profitable employment is the sawing of stone. Now We ill consider these points together, and will take it is evident that of the above occupations only two, viz. the occasion to state our general view of the character those of shoemakers and taylors, embracing less than and imperfections of the system. That we regard both one fourth of the whole number of persons, could with of these objects, viz. industrious habits, and the relief of any convenience be pursued within the cells at Philadelthe public from the whole expense of maintaining con-phia; while at Pittsburg it would be entirely impracticavicts, as of the highest importance will have appeared ble. It requires no explanation to convince the legislafrom the objections we have felt ourselves called upon ture that neither the sawing of stone, nor the business to make to the plea of seclusion without labour. We of a smith of any kind, nor that of a cooper or carpenter, consider the system of solitary labour, as beyond all nail, brush, or rope maker, could be carried on in a concomparison superior in value and efficacy to the system tracted cell, with the least shadow of convenience or adof solitude without labour; but after all the examination vantage. We see no reason to think that a loom of the we have been able to give the subject, in its plan and ordinary and accepted size, could be used within the details, we feel compelled to dissent from those respect- cells, without circumscribing the conveniences of the able citizens who recommended the adoption of this sys-prisoner, and probably affecting his health. Of the octem; because we believe that the same results that are expected from it can be obtained with greater certainty and at a less expense by another more practicable system. cupations we have enumerated there remain those of the shoemaker and taylor; for which we suppose that the necessary room exists inside of the cells; but they are still liable, in common with all other occupations, prescribed in the cells of a prison, to the following objections. 1. In the first place, let us consider what species of labour is compatible with solitary confinement in a cell. And here, as our suggestions are intended particularly 1st. The want of sufficient light. The cells in the for the penitentiaries now built or building at Pittsburg new Philadelphia Penitentiary are light enough for the or Philadelphia, we will adapt our remarks to them. At ordinary purposes of a cell, but we conceive they are not Pittsburg, it is well known to the legislature, that the sufficiently illuminated for the purposes of handicraft bupenitentiary was erected with a view to solitary confine-siness, especially those of the shoemaker and taylor.ment without labour; and that no working yards are attached to the cells. Unless an alteration be made in the arrangements of the prison, therefore, there can be no work performed except inside of the cell, the dimensions of which are only feet by feet. In the A *The occupations in the Philadelphia prison are not stated here, as we had not the means in our power. large proportion of the convicts however, is believed to be employed in sawing stone and weaving. The same remark may be made of the Pittsburg Penitentiary. by providing a working yard for each cell. Now, it is true, that the yard is larger than the cell, by six feet in the length, and is also lighter; but it is liable to objections from which the cell is free. In the first place, no work can be performed in it in wet weather, because there is no roof or other protection from rain or snow. Now, it is calculated that there are, upon an average, at least one hundred days of wet or stormy weather in the year, in our climate, which days must, of course, be passed within the cell, and subtracted from the earnings of the convict. Again, during a considerable portion of the year, the severity of the weather will prevent the convicts from working in the open unsheltered yards, where it is impracticable to warm them. We think that the legislature ought to be informed whether it is expected by the advocates of this system, that shoemakers, tailors, weavers, and persons of similar occupations, will be able to pursue them in the open air in our climate, during the months of November, December, January, February and March. If not, then a large portion of the year will be past in idleness, or an attempt must be made to perform the labour inside of the cells, under all the disadvantages we have mentioned. 3d. Another objection to the plan of working in the yard arises from the impracticability of maintaining a due superintendance and inspection of the convicts, while in the yards, and the difficulty of preventing conversation between them, which of course would be fatal to the system of solitude. Upon his point we cannot do better, than again quote the remaks of the managers of the Boston Prison Discipline Socie, from their last report. 2. Solitude is incompatible with the performance of the business, which only can be pursued in the cells.For they require skill and art, which few convicts possess when they are first committed under their sentence; and consequently a course of instruction will become necessary for a considerable period of time, during which of course solitude must be suspended. In general, we understand, that a course of two or three years apprenticeship is necessary to make men even tolerable proficients in these trades; during which time they must be under constant superintendance and instruction, and are as respects their individual results, unprofitable labourers. We do not see, clearly, how these 2 or 3 years or even 1 year can be spared from the short terms proposed to be allotted to solitary confinement. Again, supposing the requisite knowledge and skill to be acquired, and the convict set to work in his cell at the business of making clothes or shoes, it seems to us that constant superintendance will be necessary, both to compel obedience to the stated duty, and to provide the necessary implements and materials of labour from time to time. In the event of any failure or accident in respect to materials, the convict must remain without relief, un less such superintendant be stationed near him, because it is supposed, that the construction of the cell forbids any communication by the convict with those outside of it. The principle of solitude, therefore, would be materially interfered with, by applying the convict to labour, even in those cases in which labour is practicable. 3d. It is believed that the sedentary labour of the shoe- "When the risoners are let out of the cells into the maker and taylor, added to the inconveniences arising exercising yard the sentinel in the passage could not from the narrow atmosphere of the cell, would soon prevent their conversing with each other over the walls. break down the health of the convict, and compel his Nor is it perceived conversation over the walls of removal to the hospital. This suggestion requires little the exercising yards c be prevented if a considerable illustration. It must be obvious, that if confinement number are let out of thecells into the yards at once. If without labour in a solitary cell, be prejudicial to health, they should be all let loos at the same time, it would as we have already shown, the same confinement, at se- require a keeper probably to very five yards to prevent dentary labour, will produce still more disastrous conse- conversation. And even with is number of keepers, quences. It is feared, however, that more precise ob- which would be fifty, they wour labour under many jections may be made to labour inside of the cells in the disadvantages in preventing evil comunication. The Philadelphia Penitentiary arising from their construction. tops of the walls of the exercising yans are not preparOn this point we prefer quoting the language of the Bos-ed for the keepers to walk on them, a the passages ton Prison Discipline Society, from their last report, p. 124. "There is a peculiarity in the construction not yet mentioned. Each cell is a water-closet. From what may be seen of similar places in hospitals, prisons, and steam boats, we are apprehensive that this part of the design will fail. It will be very expensive in the construction, and probably will not answer a good purpose. It is proposed to accomplish the object by cast iron pipes extending under the whole establishment and communicating with every cell. These pipes are to be frequently filled with pure water, which may be drawn off, in the expectation, that the filth will be removed in the current. Apartments have often been visited, in which similar designs have been adopted for the accomplishment of the same object; but the object was not gained. The air could with the greatest difficulty be inhaled by a person who came from the fresh air. It would be well to know, whether this peculiarity in the plan will answer the purpose, in a few cells, before the expense is incurred of extending it to the whole establishment." between the cells are so separated from e exercising yards, that the keepers being in the passage could not easily prevent evil communication while the risoners were in the exercising yards. The keepers, the fore, would probably take their station either in the exe-ising yards or on the outside of the wall while the prison ers were in the exercising yards. If they should do this then means of preventing conversation would not be good. If, to avoid this trouble, only a few prisoners should be let out at the same time into the exercising yards, and these should be in yards separate from each other, it would require a great deal of time, from a number of keepers, to let them all out of their cells daily. If it is not done as often as this, the question would arise whether it is expedient to build 250 exercising yards for 250 prisoners. It has been urged, in favour of this plan of building, that it gives great facilities for inspection: so great that the keeper in the observatory in the centre of the large yard, as well as the keepers in the lofty towers on the external wall, may overlook the whole establishment. It is true, that they can see from these These, very briefly stated, are some of the objections points of observation the roofs of the cells, and the tops which occur to us against the use of those species of la- of the walls of the exercising yards; but it is also true, bour which are in any degree compatible with confine- that they cannot see the prisoners when they are in their ment in the solitary cells of Pittsburg and Philadelphia.cells; nor while they are in their exercising yards, unless Perhaps, individually, these objections may not be considered conclusive against the system; but, taken in connection with some others which we have already suggested, or shall hereafter mention, they are we think, entitled to at least grave consideration. So much for the practicability of labour in the interior of a cell. It is said, however, that at Philadelphia most of the objections to solitary labour have been removed, the prisoners choose to show themselves. From the tower in the centre of the south wall, which is one of the most lofty, the eye can see no farther into the exercising yard of the nearest cell than the top of the door between the exercising yard and the cell The plan of building, therefore, does not afford great facilities for inspection but on the contrary, makes inspection very difficult and expensive, both in regard to time and labour." 1828.] PENAL CODE AND PENITENTIARY SYSTEM. 227. expended, the cost of each cell to the state would be only $87 50 or thereabouts; but in consequence of the employment of convict labour, this cannot be considered a just statement of the cost as compared with other prisons. If we double the amount we shall probably come nearer the actual cost of the prison. The same or still stronger observations might be made of the difficulty of inspection, which experience has proved to exist at Pittsburg. We refer the legislature to the report of the inspectors of that prison, which was made to the last session, for evidence upon this point. The passages which we have quoted from the report of the Boston society, coming as they do from an unpreju- A state prison has very recently been erected in Condiced as well as intelligent source, cannot fail to con- necticut, on the plan of those at Auburn and Sing Sing, vince them of the inconveniencies, that will probably which contains 136 cells. The whole expense, includattend the experiment of settling the convicts to labouring shops and appurtenances of all descriptions, will, it in the working yards of the new prison at Philadelphia. We have proved then, we think, that of the several kinds of labour usually performed in prisons, only a small portion can be pursued in solitary cells by reason of physical impediments; that, to such as can actually be performed in cells, strong and perhaps insurmountable objections exist, and lastly, that the supposed improvement of separate working yards is liable to equally strong objections, and is perhaps entirely incompatible with the system of seclusion from intercourse with the rest of of mankind. We pass now to other considerations affecting this subject. is said, not exceed 30,000 dols.: which makes the cost of each cell about 220 dollars.* If, therefore, we take the highest of these sums, and consider the cost of the Connecticut prison, as affording a fair average of the expense of a prison, constructed on the Auburn plan, we may estimate the cost of each cell at 220 dols. The expense of the new Philadelphia prison, independent of the wall, we have estimated at the lowest amount, at about 1400 dols. per cell, making a difference of 11 dols. and 80 cts. for each cell, or the sum of $70 80 per annum, for each convict in the prison. In other words, the annual expense to the state of Pennsylvania of each convict confined in the Philadelphia priIn the second place, therefore, supposing that labour son, on the system of solitary confinement, will be $70 can be performed with convenience in the cell or yard, 80 cts. greater than the annual expense of each convict and that the danger of disease in the close cell, or of in- in Connecticut, supposing the earnings of their labour to tercourse in the yard, is chimerical, we object that any be equal in each. It would not be difficult, however, kind of solitary labour will be attended with great ex- to show that the profits of joint labour must always be pense and little correspondent profit. The enormous greater, than those of solitary labour. We should trescost of constructing separate cells and working yards, pass too much upon the valuable time of the legislature, has been stated in a previous part of this report. The if we were to enter minutely into this point. It may be difference between the annual interest upon this expen-sufficient to repeat that the most lucrative occupations diture, and the interest upon the necessary cost of a pri- are necessarily excluded from solitary cells, and even son containing separate dormitories and joint work- from solitary working yards, and to add that with reshops, is therefore fairly to be considered in estimating spect to those which may be pursued in solitude, various the annual productiveness of labour, performed accord- circumstances combine to render them more active and ing to either of these systems. Now, we have estimated productive, when the artisans work together. Lookthe cost of each cell and yard in the new Philadelphia ing, therefore, to the annual cost of solitary workprison from official statements at 1690 dols. If, howev- shops as compared with joint ones, and to the delays er, a deduction be made from the aggregate cost for the and difficulties attending solitary labour, we feel sustainexpense of the wall, so far as the same may be considered in the objection, that the profits of labour in solitary ed not absolutely necessary to the system, the cost of confinement will be comparatively small. the cells and yards, (including therein the cost of the 3. Another objection that may be stated to the sysbuildings erected for inspection and other purposes,) tem of solitude with labour, arises from the difficulty of may be estimated at about 1400 dols. for each cell.- enforcing the requisite discipline and obedience to the Now, in order to ascertain the probable expense of cells required labour. We will suppose that a species of laon the system of separate dormitories and joint labour, bour suitable to a cell or work yard is provided, and that we will take the estimates of the Auburn and Sing Sing by the regulations of the prison certain hours are to be prisons in the state of New York. The first named pri- devoted to labour, or a certain extent of work is requir son, of which we shall give a more particular account ed to be performed. It has already been shown, that hereafter, was originally designed upon the old system actual inspection of the convicts, while at work in their of large night rooms, which permitted the association of yards, is impracticable, without a multiplication of keepconvicts. In 1821 an alteration was made in the origi- ers far beyond any precedent, and at an expense, which nal plan, in consequence of which the north wing and could not be tolerated. The only course left, it seems front were devoted to separate dormitories. The cost to us, where actual supervision is not practicable, is to of these cells, 550 in number, together with that of the require, that a certain extent of work should be performworkshops, guard houses, engine houses, &c. is stated ed on certain furnished materials; the measure of the by judge Powers in his very valuable account of that labour necessarily varying with the age, sex, strength, prison (page 75,) to have been only 50,800 dols.; which skill, ability of the convict; and thus it may be remarkwould make the cost of each cell only about 92 dollars. ed in passing, must a degree of intercourse be kept up, As the expense of the necessary appurtenances of keep-between the keeper and convicts, altogether at variance ers house, and of apartments for cooking, &c. is not inWe will supincluded in the estimate, something ought to be added to the above amount. with the theory of solitary confinement. The state prison now building at Sing Sing, will also be more particularly noticed hereafter. It is sufficient for the present to state, that the principal building when completed will be about 500 feet long by 40 feet wide, having 800 cells arranged in four tiers or stories of 200 cells each. The sum originally appropriated by the legislature for the building was 70,000 dols. which, it has been supposed, would cover the whole expense of materials, and pay the first cost of the scite; the ground purchased for which amounted to 20,000 dollars. The whole labour of construction, down to the making of locks and keys, for the cells, has been performed by the 2d report of Boston Society. Report of the comconvicts. Supposing only 70,000 dols. to have been mittee of the Connecticut legislature. ment will not be inflicted, because the practice of administering it at other places, has been loudly condemned by the friends of the solitary system; and because it will be much more liable to abuse in the secrecy and solitude of the cells, than in the open and frequented workshops. It is said however, that there is no reason to fear any failure to perform the stated duty of labour, because labour will be regarded by the convicts as a desirable relief, to the tedium and monotony of solitary confinement. Admitting the fact to be true or probable, it is evident that the argument destroys the character of labour as a punishment, and proves the impracticability of connecting it with solitude. If labour be performed by the convicts as a relaxation and relief from solitude, they will perform it only so far and so often as they find it preferable to idle solitude, and no further; and thus, that which ought to be imposed as a burden and a punishment, will come to be considered as a matter depending upon the pleasure of the convict. How far such a state of things would be compatible with a sound system of penitentiary punishment, it is perhaps not difficult to determine. If the labour imposed be really hard labour, according to the words and spirit of the penal code, it may not be considered, by the general mass of the inmates of the prison, as a very desirable relief from idleness. We submit, therefore, that it will be found difficult to enforce hard labour in solitude in the manner in which alone it ought to be performed within the walls of a prison, namely, by constant, rigid application at certain prescribed hours. With these suggestions we leave for the present the subject of solitary labour, and proceed to consider the system of punishment which we have placed last in the order above stated, namely. 10. Solitary confinement at night, with joint and classified labour during the day. In order that the legislature may possess a distinct idea of the general character and practical operations of this system, it will be necessary for us to enter somewhat into detail respecting it; and we believe the object will best be attained, by an account of one or two of the prisons, in which the system has been thoroughly tried. It was remarked by the excellent and enlightened Howard, so far back as 1776, that "the prisons in the United Provinces are so quiet, and most of them so clean that a visiter can hardly believe that he is in gaol. In most of the prisons for criminals there are so many rooms that each prisoner is kept separate. The states do not transport convicts; but men are put to labour in the rasp-houses, and women to proper work in the spinhouses: upon this professed maxim, make them diligent and they will be honest," &c.* But the institution which beyond all others, does honour to the government of the Netherlands, is the penitentiary at Ghent, called the Maison de Force, which may be considered as having furnished the model for that at Auburn, and for other similar institutions in this country. We have prepared the following account of its organization and mode of operation from some authentic statement.† bed-rooms, six feet ten inches by five feet four inches; and seven feet eight inches high; the door-way 2 feet. Each convict, therefore, occupies a separate cell, which is furnished with a bedstead, a straw bed, a mattrass, a pillow, a pair of sheets, two blankets in winter, and one in summer. Each room has a little bench, and a shutter to the lattice window (19 inches by 15 in the door,) which, when opened and turned down, serves for a table. In the wall is a little cupboard, two feet by one and ten inches deep. All the rooms are vaulted, to prevent fire from running from story to story. Prisoners are committed to this penitentiary to remain from one year to twenty years, according to their crimes. On their arrival they are suitably cleaned; and each receives an uniform suit of clothes, marked with the number of the room which he is to occupy. At an early hour in the morning, the prisoners leave their rooms at the sound of a bell, and repair to the apartment for meals, where after hearing prayers, they obtain their breakfast, for which half an hour is allowed. They then proceed to their work, which is performed according to classes, in rooms 170 feet long and 26 feet broad. The principal employment in 1817, was weaving calicoe-damask, and sacking cloth; but there were shops for sawyers, carpenters, blacksmiths, &c. The manufactory is under the charge of a contractor, who furnishes each prisoner daily with 26 ounces of brown bread, and two quarts of soup, for which he receives from the government 3 pence half penny of English money per head; equal to about 64 cents daily. He provides also raw materials for the manufactory; these are weighed when they are given out, and when they are returned; and the prisoner must pay for any deficiency. The contractor also finds machinery; but the person who uses it is answerable for any accident. The work done is estimated according to a regulated price, and the prisoner receives at one time the whole amount of his earnings every week. The contractor appoints from among the prisoners, two or more overseers in each room, whose duty it is to inspect the operations of the others, and preserve silence. At noon the prisoners are allowed two hours for dinner, for making their beds, (which in fair weather they bring out to air) and for exercise. At night they have an hour for supper. A bell placed at a window, over the gateway, gives notice of the arrival of the hour of meals, &c. when the convicts are conducted in perfect silence and order, to their appointed places. Spirituous liquors are expressly prohibited. Divine service is performed every Sunday.— At dark the prisoners are shut up in their respective cells. The discipline is enforced by solitary confinement, in cells without beds or other comforts for a period not exceeding ten days. Corporeal punishment by not resorted to "merely because it was found to be unstripes or flagellation is also allowed; but in practice it is necessary. servers upon the system thus pursued at the Ghent peniWe will now state the opinions of some judicious obtentiary. Mr. Howard, who visited it in 1776, in 1778 and in 1783, speaks thus: "I was present during the whole time the men criminals were at dinner, and much The prison is situated on the bank of a canal, and was the whole was conducted. Every thing was done at a admired the regularity, decency, and order with which designed on the plan of an octagon, with light buildings word given by a director; no noise or confusion appearradiating from a common centre. At the period of How-ed; and this company, of near 190 stout criminals, was ard's visit (1776) only four sides were finished; in 1817, governed with as much apparent ease, as the most sober a fifth was added. The buildings designed for the sleep- and well disposed assembly in civil society." "I re-visited ing apartments of the convicts are divided into four sto- the prison in 1778 with one of the magistrates, and found ries, on each of which is a corridor or passage, six feet that they were still carrying on a well regulated manunine inches wide, quite open to the air of the adjoining factory. There were 280 men prisoners and 117 women. court or yard. Adjoining each passage is a range of These latter had on their house clothes, and were at work. Most of them were spinning or knitting, ranged in proper order, attentive and quiet. I was informed that all the prisoners were allowed one-fifth of their earnings for themselves. I brought home specimens. of * Buxton on Prison Discipline, p. 91.. State of prisons, &c. by John Howard, F. R. S. p. 44, 3d edit. London 1784. Howard on prisons, 1784. Buxton on prison discipline 1818. Sixth Report of London Prison Discipline Society 1823, |